CHAPTER 102. LATE VOTING BY DISABLED VOTER - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE B. SPECIAL FORMS OF EARLY VOTING

CHAPTER 102. LATE VOTING BY DISABLED VOTER

Sec. 102.001. ELIGIBILITY. (a) A qualified voter is eligible

to vote a late ballot as provided by this chapter if the voter

has a sickness or physical condition described by Section 82.002

that originates on or after the day before the last day for

submitting an application for a ballot to be voted by mail.

(b) In this chapter, "late ballot" means a ballot voted under

this chapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 102.002. CONTENTS OF APPLICATION. An application for a

late ballot must comply with the applicable provisions of Section

84.002 and must include or be accompanied by a certificate of a

licensed physician or chiropractor or accredited Christian

Science practitioner in substantially the following form:

"This is to certify that I know that __________ has a sickness or

physical condition that will prevent him or her from appearing at

the polling place for an election to be held on the __________

day of __________, 19___, without a likelihood of needing

personal assistance or of injuring his or her health and that the

sickness or physical condition originated on or after __________.

"Witness my hand at __________, Texas, this __________ day of

__________, 19___.

________________________________

(signature of physician,

chiropractor, or practitioner)"

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 102.003. SUBMITTING APPLICATION. (a) An application for a

late ballot must be submitted in person to the early voting clerk

at the main early voting polling place by a representative of the

applicant. 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 5 p.m.

on election day.

(c) To be eligible to serve as an applicant's representative, a

person:

(1) must be at least 18 years of age;

(2) must not be employed by or related within the third degree

by consanguinity or affinity, as determined under Chapter 573,

Government Code, to a candidate whose name appears on the ballot;

and

(3) must not have served in the election as the representative

for another applicant.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.34; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,

ch. 561, Sec. 17, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch.

76, Sec. 5.95(27), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch.

1316, Sec. 31, eff. Sept. 1, 2003.

Sec. 102.004. REVIEWING APPLICATION AND PROVIDING BALLOTING

MATERIALS. (a) An application submitted under this chapter

shall be reviewed and the applicant's registration status

verified by the early voting clerk in the same manner as for

early voting by mail.

(b) The clerk shall provide the balloting materials for voting

an early voting ballot by mail to the representative who submits

the voter's application. Before providing the materials, the

clerk shall enter the representative's name and residence address

on the application and secure the representative's signature

beside the name.

(c) The voter's representative shall deliver the balloting

materials in person to the voter.

(d) A late ballot provided to a voter by any method other than

that prescribed by this section may not be counted.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 102.005. MARKING AND SEALING BALLOT. A late ballot must be

marked and sealed by the voter in the same manner as an early

voting ballot voted by mail.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 102.006. METHOD OF RETURNING MARKED BALLOT; DEADLINE. (a)

A marked late ballot must be delivered to the early voting clerk

in person by the representative who submitted the voter's

application. The ballot must be delivered in the official carrier

envelope. A ballot returned by any other method may not be

counted.

(b) The clerk shall enter the representative's name and

residence address on a returned carrier envelope and secure the

representative's signature beside the name.

(c) The deadline for returning a marked late ballot is the same

as that for an early voting ballot voted by mail.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 102.007. PROCESSING RESULTS. The results of voting under

this chapter shall be processed in accordance with the procedures

applicable to processing early voting ballots voted by mail.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 102.008. ENTRY ON EARLY VOTING ROSTER. The early voting

roster must include the name of each person to whom a late ballot

is provided with a notation indicating that the ballot was a late

ballot under this chapter.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 102.009. ENTRY ON PRECINCT EARLY VOTING LIST. The precinct

early voting list must contain the name of each person to whom a

late ballot has been provided as of the time of delivery of the

list.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.26; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.