CHAPTER 84. APPLICATION FOR BALLOT - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE A. EARLY VOTING

CHAPTER 84. APPLICATION FOR BALLOT

SUBCHAPTER A. APPLICATION FOR BALLOT

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

by Acts 1987, 70th Leg., ch. 472, Sec. 20, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd Leg.,

ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch.

1349, Sec. 33, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.

1381, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 890,

Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 854, Sec.

1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 633, Sec. 1,

eff. Sept. 1, 2003.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 21, eff. Sept. 1, 1987;

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

1991, 72nd Leg., ch. 203, Sec. 1.04; Acts 1997, 75th Leg., ch.

565, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381,

Sec. 3, eff. Sept. 1, 1997.

Sec. 84.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN ADDRESS

CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION. (a) An early

voting ballot application submitted by a qualified voter who is

eligible for early voting by mail under Section 82.007 must

include:

(1) the applicant's name and address at which the applicant is

registered to vote;

(2) the substitute post office box address designated by the

attorney general under Article 56.82(b), Code of Criminal

Procedure, for use by the voter in place of the voter's true

residential, business, or school address; and

(3) an indication of each election for which the applicant is

applying for a ballot.

(b) The information contained in an application under this

section relating to the address at which the applicant is

registered to vote is confidential, except that the information

must be disclosed if:

(1) requested by a law enforcement agency; or

(2) required by court order.

Added by Acts 2007, 80th Leg., R.S., Ch.

1295, Sec. 8, eff. June 15, 2007.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,

ch. 393, Sec. 7, eff. Sept. 1, 2003.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,

ch. 393, Sec. 8, eff. Sept. 1, 2003.

Sec. 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, Sec. 22, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts

1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997,

75th Leg., ch. 565, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th

Leg., ch. 1381, Sec. 4, eff. Sept. 1, 1997; Acts 2003, 78th Leg.,

ch. 393, Sec. 9, eff. Sept. 1, 2003.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd

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

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

by Acts 1987, 70th Leg., ch. 472, Sec. 23, eff. Sept. 1, 1987;

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

1991, 72nd Leg., ch. 203, Sec. 1.05; Acts 1993, 73rd Leg., ch.

728, Sec. 26, eff. Sept. 1, 1993.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,

ch. 864, Sec. 71, eff. Sept. 1, 1997.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd

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

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd

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

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

by Acts 1987, 70th Leg., ch. 472, Sec. 24, eff. Sept. 1, 1987;

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

1991, 72nd Leg., ch. 203, Sec. 1.06; Acts 1997, 75th Leg., ch.

565, Sec. 3, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 864,

Sec. 72, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, Sec.

5, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, Sec. 10,

eff. Sept. 1, 2003.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,

ch. 864, Sec. 73, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.

1381, Sec. 6, eff. Sept. 1, 1997.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.07; Acts 1991, 72nd

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

SUBCHAPTER B. CANCELING APPLICATION FOR BALLOT TO BE VOTED BY

MAIL

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08; Acts 1991, 72nd

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

Sec. 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(h) 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.

(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.

(f) A request for cancellation in a manner other than as

authorized by this section, including a request by letter, has no

effect.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,

ch. 728, Sec. 27, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch.

1381, Sec. 7, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393,

Sec. 11, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1316, Sec.

21, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 5A.001, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

728, Sec. 23.001(23), eff. September 1, 2005.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,

ch. 728, Sec. 27, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch.

1381, Sec. 8, eff. Sept. 1, 1997.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,

ch. 728, Sec. 27, eff. Sept. 1, 1993.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08; Acts 1991, 72nd

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

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08; Acts 1991, 72nd

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

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08; Acts 1991, 72nd

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