CHAPTER 103. LATE VOTING BECAUSE OF DEATH IN IMMEDIATE FAMILY - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE B. SPECIAL FORMS OF EARLY VOTING

CHAPTER 103. LATE VOTING BECAUSE OF DEATH IN IMMEDIATE FAMILY

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.35; Acts 1991, 72nd

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

ch. 561, Sec. 18, eff. Aug. 26, 1991; Acts 1993, 73rd Leg., ch.

728, Sec. 29, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76,

Sec. 5.95(27), eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.28; Acts 1991, 72nd

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

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.28; Acts 1991, 72nd

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

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.28; Acts 1991, 72nd

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

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.28; Acts 1991, 72nd

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

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.28; Acts 1991, 72nd

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