ELECTION CODE
CHAPTER 103. LATE VOTING BECAUSE OF DEATH IN IMMEDIATE FAMILY
§ 103.001. ELIGIBILITY. (a) A qualified voter is
eligible to vote a late ballot as provided by this chapter if:
(1) the voter will be absent from the county of
residence on election day because of the death of a person related
to the voter within the second degree by consanguinity or affinity,
as determined under Chapter 573, Government Code; and
(2) the death occurs on or after the day before the
last day of the period for early voting by personal appearance.
(b) In this chapter, "late ballot" means a ballot voted
under this chapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.35; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 561, §
18, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. 728, § 29, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 5.95(27), eff.
Sept. 1, 1995.
§ 103.002. FORM AND CONTENTS OF APPLICATION. An
application for a late ballot must:
(1) be in the form of an affidavit; and
(2) include, in addition to the information required
by the applicable provisions of Section 84.002, the date of death of
the decedent and a statement of the relationship of the voter to the
decedent.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.28; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 103.003. SUBMITTING APPLICATION. (a) An application
for a late ballot must be submitted in person by the applicant to
the early voting clerk at the main early voting polling place.
However, if the early voting ballots voted by mail are processed at
a location other than the main early voting polling place, the early
voting clerk may require the application to be submitted at that
location.
(b) An application may be submitted after the last day of
the period for early voting by personal appearance and before the
close of business on the day before election day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.28; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 103.004. VOTING PROCEDURE; PROCESSING
RESULTS. (a) On submission of an application to the early voting
clerk, the clerk shall review the application and verify the
applicant's registration status in accordance with the procedure
applicable to early voting by mail.
(b) The voting shall be conducted with the balloting
materials for early voting by mail.
(c) The voter must mark and seal the ballot in the same
manner as if early voting by mail except that the certificate on the
carrier envelope need not be completed.
(d) On sealing the carrier envelope, the voter must give it
to the clerk, who shall note on the envelope that the ballot is
voted under this chapter.
(e) The results shall be processed in accordance with the
procedures applicable to processing early voting ballots voted by
mail.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.28; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 103.005. ENTRY ON EARLY VOTING ROSTER. The early
voting roster must include the name of each person voting a late
ballot with a notation indicating that the late ballot was voted
under this chapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.28; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 103.006. ENTRY ON PRECINCT EARLY VOTING LIST. The
precinct early voting list must contain the name of each person who
has voted a late ballot as of the time of delivery of the list.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.28; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
