ELECTION CODE
CHAPTER 84. APPLICATION FOR BALLOT
SUBCHAPTER A. APPLICATION FOR BALLOT
§ 84.001. APPLICATION REQUIRED. (a) To be entitled to
vote an early voting ballot by mail, a person who is eligible for
early voting must make an application for an early voting ballot to
be voted by mail as provided by this title.
(b) An application must be in writing and signed by the
applicant.
(c) An applicant is not required to use an official
application form.
(d) An application must be submitted by mail to the early
voting clerk for the election who serves the election precinct of
the applicant's residence.
(d-1) A timely application that is addressed to the wrong
early voting clerk shall be forwarded to the proper early voting
clerk not later than the day after the date it is received by the
wrong clerk.
(e) An applicant for a ballot to be voted by mail may apply
for ballots for the main election and any resulting runoff election
on the same application. The timeliness of the application for both
elections is determined in relation to the main election. However,
if the application is not timely for the main election, the
timeliness of the application for the runoff election is determined
in relation to that election.
(f) A person who has not made an application as provided by
this title is not entitled to receive an early voting ballot to be
voted by mail.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 20, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch. 554,
§ 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349, § 33,
eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 2, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 890, § 1, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 854, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 633, § 1, eff. Sept. 1, 2003.
§ 84.002. CONTENTS OF APPLICATION. (a) An early
voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, the address of the hospital,
nursing home or other long-term care facility, or retirement
center, or of a person related to the applicant within the second
degree by affinity or the third degree by consanguinity, as
determined under Chapter 573, Government Code, if the applicant is
living at that address and that address is different from the
address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot; and
(6) an indication of the ground of eligibility for
early voting.
(b) An application for a ballot to be voted by mail on the
ground of absence from the county of residence must indicate that
the applicant satisfies the requirements prescribed by Section
82.001.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 21, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1991,
72nd Leg., ch. 203, § 1.04; Acts 1997, 75th Leg., ch. 565, §
1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 3, eff.
Sept. 1, 1997.
§ 84.003. SIGNING APPLICATION BY WITNESS; ASSISTING
APPLICANT. (a) An early voting ballot application signed for the
applicant by a witness other than the early voting clerk or a deputy
must indicate the witness's relationship to the applicant or, if
unrelated, indicate that fact.
(b) A person who acts as a witness for an applicant for an
early voting ballot application commits an offense if the person
knowingly fails to comply with Section 1.011. A person who in the
presence of the applicant otherwise assists an applicant in
completing an early voting ballot application commits an offense if
the person knowingly fails to comply with Section 1.011(d) in the
same manner as a witness.
(c) An offense under this section is a Class A misdemeanor.
(d) Subsection (b) does not apply if the person is related
to the applicant within the second degree by affinity or the third
degree by consanguinity, as determined under Subchapter B, Chapter
573, Government Code, or is registered to vote at the same address
as the applicant.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 393, §
7, eff. Sept. 1, 2003.
§ 84.004. UNLAWFULLY WITNESSING APPLICATION FOR MORE
THAN ONE APPLICANT. (a) A person commits an offense if, in the
same election, the person signs an early voting ballot application
as a witness for more than one applicant.
(b) It is an exception to the application of Subsection (a)
that the person signed early voting ballot applications for more
than one applicant:
(1) as an early voting clerk or deputy early voting
clerk; or
(2) and the person is related to the additional
applicants as a parent, grandparent, spouse, child, or sibling.
(c) A violation of this section does not affect the validity
of an application involved in the offense.
(d) Each application signed by the witness in violation of
this section constitutes a separate offense.
(e) An offense under this section is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 393, §
8, eff. Sept. 1, 2003.
§ 84.0041. PROVIDING FALSE INFORMATION ON
APPLICATION. (a) A person commits an offense if the person
knowingly provides false information on an application for an early
voting ballot.
(b) An offense under this section is a state jail felony
unless the person is the applicant, is related to the applicant
within the second degree by affinity or the third degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, or is registered to vote at the same address as the
applicant, in which event the offense is a Class A misdemeanor.
Added by Acts 1987, 70th Leg., ch. 472, § 22, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991,
72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th
Leg., ch. 565, § 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.
1381, § 4, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393,
§ 9, eff. Sept. 1, 2003.
§ 84.005. APPLICATION COMPONENTS. Each document that
contains information required for an early voting ballot
application and that is submitted to the early voting clerk and any
envelope in which an application is submitted are part of the early
voting ballot application.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 84.007. SUBMITTING APPLICATION FOR BALLOT VOTED BY
MAIL: GENERAL RULE. (a) Except as provided by Sections 84.008
and 84.009, an application for a ballot to be voted by mail must be
submitted as provided by this section.
(b) An application must be submitted to the early voting
clerk by:
(1) mail;
(2) common or contract carrier; or
(3) telephonic facsimile machine, if the applicant is
absent from the county and if a machine is available in the clerk's
office.
(c) An application must be submitted on or after the 60th
day before election day and before the close of regular business in
the early voting clerk's office or 12 noon, whichever is later, on
the seventh day before election day unless that day is a Saturday,
Sunday, or legal state or national holiday, in which case the last
day is the first preceding regular business day.
(d) An application is considered to be submitted at the time
of its receipt by the clerk.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 23, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1991,
72nd Leg., ch. 203, § 1.05; Acts 1993, 73rd Leg., ch. 728, §
26, eff. Sept. 1, 1993.
§ 84.008. SUBMITTING APPLICATION FOR BALLOT VOTED BY
MAIL: PERSONAL DELIVERY. (a) An applicant for a ballot to be
voted by mail may submit the application by delivering it in person
to the early voting clerk if the application is submitted not later
than the close of regular business in the clerk's office on the day
before the first day of the period for early voting by personal
appearance.
(b) This section does not apply to an application submitted
under Chapter 101, 102, or 103.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, §
71, eff. Sept. 1, 1997.
§ 84.009. SUBMITTING APPLICATION FOR BALLOT VOTED BY
MAIL: CONFINEMENT IN JAIL. (a) On request of the applicant, an
application for a ballot to be voted by mail on the ground of
confinement in jail may be submitted to the early voting clerk, at
the discretion of the authority in charge of the jail, by personal
delivery by the jail authority or by a designated subordinate of the
authority.
(b) An application submitted under this section may not be
submitted before the 20th day before election day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 84.010. PRESERVATION OF APPLICATION. Each early
voting ballot application shall be preserved after the election for
the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 84.011. OFFICIAL APPLICATION FORM. (a) The
officially prescribed application form for an early voting ballot
must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail to indicate that the address to
which the ballot is to be mailed is the address of a relative
described by Section 84.002(a)(4), if applicable;
(F) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(G) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(H) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
(b) The officially prescribed application form for an early
voting ballot to be voted by mail must be at least eight inches by
nine inches in size and be printed in at least six-point type.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 24, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1991,
72nd Leg., ch. 203, § 1.06; Acts 1997, 75th Leg., ch. 565, §
3, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 864, § 72, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 5, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 393, § 10, eff. Sept. 1, 2003.
§ 84.012. CLERK TO MAIL APPLICATION FORM ON
REQUEST. The early voting clerk shall mail without charge an
appropriate official application form for an early voting ballot to
each applicant requesting the clerk to send the applicant an
application form.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, §
73, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 6, eff.
Sept. 1, 1997.
§ 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF
STATE. The secretary of state shall maintain a supply of the
official application forms for ballots to be voted by mail and shall
furnish the forms in reasonable quantities without charge to
individuals or organizations requesting them for distribution to
voters.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.07; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
SUBCHAPTER B. CANCELING APPLICATION FOR BALLOT TO BE VOTED BY MAIL
§ 84.031. CANCELLATION OF APPLICATION. (a) An
application for an early voting ballot to be voted by mail that has
been submitted to the early voting clerk may be canceled only as
provided by this subchapter.
(b) A person whose application is canceled, if otherwise
eligible, may vote in the same manner as if the application had not
been submitted.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.08; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 84.032. REQUEST FOR CANCELLATION. (a) A person
desiring to cancel the person's application for a ballot to be voted
by mail must submit a request for the cancellation to an election
officer as provided by this section.
(b) A request must:
(1) be in writing and signed by the applicant;
(2) specify the election for which the application was
made; and
(3) except as provided by Subsection (c), (d), or (e),
be received by the early voting clerk:
(A) not later than the third day before election
day; and
(B) if an early voting ballot sent to the
applicant is returned to the clerk as a marked ballot, before the
marked ballot's arrival at the address on the carrier envelope.
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant has not
received the ballot to be voted by mail.
(d) An applicant may also submit a request by appearing in
person and returning the ballot to be voted by mail or presenting a
notice received under Section 86.006(e) to:
(1) the early voting clerk or deputy early voting
clerk at any polling place that is open for early voting by personal
appearance; or
(2) the presiding election judge on election day at
the applicant's precinct polling place.
Text of subsec. (e) as added by Acts 2003, 78th Leg., ch. 393, §
11
(e) A request for cancellation in a manner other than as
authorized by this section, including a request by letter, has no
effect.
Text of subsec. (e) as added by Acts 2003, 78th Leg., ch. 1316, §
21
(e) An applicant may also submit a request at any time after
the early voting ballot is returned to the early voting clerk as a
marked ballot and before the ballot is delivered to the early voting
ballot board by appearing in person and executing an affidavit that
the applicant did not mark the ballot.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.08; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728, §
27, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1381, § 7, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, § 11, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1316, § 21, eff. Sept. 1, 2003.
§ 84.033. ACTION ON REQUEST. (a) The election officer
shall review each cancellation request to determine whether it
complies with Section 84.032.
(b) If the request complies, the early voting clerk shall
cancel the application and enter on the application "canceled" and
the date of cancellation.
(c) If the request complies, the presiding election judge
shall enter on the returned ballot or the notice, as applicable,
"canceled," place it and the request in an envelope, and deposit the
envelope in ballot box no. 4. The applicant's application is
considered to be canceled.
(d) If the request does not comply, the election officer
shall deny the request and enter on the request "denied" and the
date of and reason for the denial. The presiding election judge
shall place the request in an envelope and deposit the envelope in
ballot box no. 4.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.08; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728, §
27, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1381, § 8, eff.
Sept. 1, 1997.
§ 84.034. NOTICE OF DENIAL. Immediately after denying a
cancellation request, the election officer shall notify the
applicant of the denial. The notice must state the reason for the
denial.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.08; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728, §
27, eff. Sept. 1, 1993.
§ 84.035. BALLOT SENT TO APPLICANT. If the early voting
clerk cancels an application by an applicant to whom an early voting
ballot has been sent, the clerk shall:
(1) remove the applicant's name from the early voting
roster; and
(2) make any other entries in the records and take any
other action necessary to prevent the ballot from being counted if
returned.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.08; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 84.036. DISPOSITION OF RETURNED BALLOT. If an early
voting ballot sent to an applicant whose application is canceled is
returned to the early voting clerk as a marked ballot, the ballot
shall be treated as a marked ballot not timely returned.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.08; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 84.037. PRESERVATION OF DOCUMENTS. The early voting
clerk shall preserve each cancellation request for the period for
preserving the precinct election records. If the application is
canceled, the clerk shall attach it to the cancellation request and
preserve it with the request.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.08; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
