CHAPTER 86. CONDUCT OF VOTING BY MAIL - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE A. EARLY VOTING

CHAPTER 86. CONDUCT OF VOTING BY MAIL

Sec. 86.001. REVIEWING APPLICATION AND PROVIDING BALLOT. (a)

The early voting clerk shall review each application for a ballot

to be voted by mail.

(b) If the applicant is entitled to vote an early voting ballot

by mail, the clerk shall provide an official ballot to the

applicant as provided by this chapter.

(c) Except as provided by Section 86.008, if the applicant is

not entitled to vote by mail, the clerk shall reject the

application, enter on the application "rejected" and the reason

for and date of rejection, and deliver written notice of the

reason for the rejection to the applicant at both the residence

address and mailing address on the application. A ballot may not

be provided to an applicant whose application is rejected.

(d) If the application does not include the applicant's correct

voter registration number or county election precinct of

residence, the clerk shall enter the appropriate information on

the application before providing a ballot to the applicant.

(e) If the applicant does not have an effective voter

registration for the election, the clerk shall reject the

application unless the clerk can determine from the voter

registrar that the applicant has submitted a voter registration

application and the registration will be effective on election

day.

(f) If the clerk receives an application for an election for

which the clerk is not serving as early voting clerk, the clerk

shall reject the application for that election and notify the

applicant of the rejection in accordance with Section 86.008.

(g) If a ballot is provided to the applicant, the clerk shall

indicate beside the applicant's name on the list of registered

voters that a ballot to be voted by mail was provided to the

applicant and the date of providing the ballot unless the form of

the list makes it impracticable to do so.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 26, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg.,

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

1381, Sec. 13, eff. Sept. 1, 1997.

Sec. 86.002. ADDITIONAL BALLOTING MATERIALS. (a) The early

voting clerk shall provide an official ballot envelope and

carrier envelope with each ballot provided to a voter. If the

voter's name appears on the list of registered voters with the

notation "S", or a similar notation, or the residence address on

the voter's early voting ballot application is not the same as

the voter's residence address on the list of registered voters,

the clerk shall provide a form for a statement of residence to

the voter.

(b) Before providing the balloting materials to the voter, the

clerk shall enter on the carrier envelope the identity and date

of the election.

(c) The clerk shall enter on a carrier envelope the voter's name

in printed form, a notation that a statement of residence is

enclosed, if applicable, and any other information the clerk

determines necessary for proper processing of the ballot.

(d) The secretary of state shall prescribe instructions to be

printed on the balloting materials for the execution and return

of a statement of residence. The instructions must include an

explanation of the circumstances under which the ballot must be

rejected with respect to the statement.

(e) If the clerk determines that the carrier envelope and other

balloting materials will weigh more than one ounce when returned

by mail to the clerk, the clerk shall include with the balloting

materials a notice of the amount of first class postage that will

be required for the return by mail of the carrier envelope and

enclosed materials.

(f) The clerk shall include with the balloting materials a

notice of the clerk's physical address for purposes of return by

common or contract carrier.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 8(b), eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 472, Sec. 27, eff. Sept. 1, 1987; Acts

1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg., ch.

554, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 916,

Sec. 25, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 797, Sec.

41, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 620, Sec. 1,

eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1315, Sec. 43, eff.

Jan. 1, 2004.

Sec. 86.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED

ADDRESS. (a) The balloting materials for voting by mail shall

be provided to the voter by mail. A ballot provided by any other

method may not be counted.

(b) Subject to Subsection (c), the balloting materials shall be

addressed to the applicable address specified in the voter's

application. The election officer providing the ballot may not

knowingly mail the materials to an address other than that

prescribed by this section.

(c) The address to which the balloting materials must be

addressed is the address at which the voter is registered to

vote, or the registered mailing address if different, unless the

ground for voting by mail is:

(1) absence from the county of residence, in which case the

address must be an address outside the voter's county of

residence;

(2) confinement in jail, in which case the address must be the

address of the jail or of a relative described by Section

84.002(a)(4); or

(3) age or disability and the voter is living at a hospital,

nursing home or other long-term care facility, or retirement

center, or with a relative described by Section 84.002(a)(3), in

which case the address must be the address of that facility or

relative.

(d) If the applicable address specified in a voter's application

is an address other than that prescribed by Subsection (c), the

voter's application shall be rejected in accordance with Section

86.001(c).

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd

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

ch. 565, Sec. 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.

1381, Sec. 14, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.

1316, Sec. 23, eff. Sept. 1, 2003.

Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER. (a) Except as

provided by Subsection (b), the balloting materials for voting by

mail shall be mailed to a voter entitled to vote by mail not

later than the seventh calendar day after the later of the date

the clerk accepts the voter's application for a ballot to be

voted by mail or the date the ballots become available for

mailing, except that if that mailing date is earlier than the

45th day before election day, the balloting materials shall be

mailed not later than the 38th day before election day.

(b) For the general election for state and county officers, the

balloting materials for a voter who indicates on the application

for a ballot to be voted by mail or the federal postcard

application that the voter is eligible to vote early by mail as a

consequence of the voter's being outside the United States shall

be mailed on or before the later of the 45th day before election

day or the seventh calendar day after the date the clerk receives

the application. However, if it is not possible to mail the

ballots by the deadline of the 45th day before election day, the

clerk shall notify the secretary of state within 24 hours of

knowing that the deadline will not be met. The secretary of

state shall monitor the situation and advise the clerk, who shall

mail the ballots as soon as possible in accordance with the

secretary of state's guidelines.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd

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

ch. 393, Sec. 12, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1109, Sec. 1, eff. September 1, 2005.

Sec. 86.005. MARKING AND SEALING BALLOT. (a) A voter must mark

a ballot voted by mail in accordance with the instructions on the

ballot envelope.

(b) A voter may mark the ballot at any time after receiving it.

(c) After marking the ballot, the voter must place it in the

official ballot envelope and then seal the ballot envelope, place

the ballot envelope in the official carrier envelope and then

seal the carrier envelope, and sign the certificate on the

carrier envelope.

(d) Failure to use the official ballot envelope does not affect

the validity of the ballot.

(e) After the carrier envelope is sealed by the voter, it may

not be opened except as provided by Chapter 87.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd

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

ch. 1315, Sec. 44, eff. Jan. 1, 2004.

Sec. 86.0051. CARRIER ENVELOPE ACTION BY PERSON OTHER THAT

VOTER; OFFENSES. (a) A person commits an offense if the person

acts as a witness for a voter in signing the certificate on the

carrier envelope and knowingly fails to comply with Section

1.011.

(b) A person other than the voter who deposits the carrier

envelope in the mail or with a common or contract carrier must

provide the person's signature, printed name, and residence

address on the reverse side of the envelope.

(c) A person commits an offense if the person knowingly violates

Subsection (b). It is not a defense to an offense under this

subsection that the voter voluntarily gave another person

possession of the voter's carrier envelope.

(d) An offense under this section is a Class B misdemeanor,

unless the person is convicted of an offense under Section 64.036

for providing unlawful assistance to the same voter in connection

with the same ballot, in which event the offense is a state jail

felony.

(e) Subsections (a) and (c) do 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.

Added by Acts 2003, 78th Leg., ch. 393, Sec. 13, eff. Sept. 1,

2003.

Sec. 86.006. METHOD OF RETURNING MARKED BALLOT. (a) A marked

ballot voted under this chapter must be returned to the early

voting clerk in the official carrier envelope. The carrier

envelope may be delivered in another envelope and must be

transported and delivered only by mail or by common or contract

carrier.

(b) Except as provided by Subsection (c), a carrier envelope may

not be returned in an envelope or package containing another

carrier envelope.

(c) The carrier envelopes of persons who are registered to vote

at the same address may be returned in the same envelope or

package.

(d) Each carrier envelope that is delivered by a common or

contract carrier must be accompanied by an individual delivery

receipt for that particular carrier envelope that indicates the

name and residence address of the individual who actually

delivered the envelope to the carrier and the date, hour, and

address at which the carrier envelope was received by the

carrier. A delivery of carrier envelopes is prohibited by a

common or contract carrier if the delivery originates from the

address of:

(1) an office of a political party or a candidate in the

election;

(2) a candidate in the election unless the address is the

residence of the early voter;

(3) a specific-purpose or general-purpose political committee

involved in the election; or

(4) an entity that requested that the election be held, unless

the delivery is a forwarding to the early voting clerk.

(e) Carrier envelopes may not be collected and stored at another

location for subsequent delivery to the early voting clerk. The

secretary of state shall prescribe appropriate procedures to

implement this subsection and to provide accountability for the

delivery of the carrier envelopes from the voting place to the

early voting clerk.

(f) A person commits an offense if the person knowingly

possesses an official ballot or official carrier envelope

provided under this code to another. Unless the person possessed

the ballot or carrier envelope with intent to defraud the voter

or the election authority, this subsection does not apply to a

person who, on the date of the offense, was:

(1) related to the voter within the second degree by affinity or

the third degree by consanguinity, as determined under Subchapter

B, Chapter 573, Government Code;

(2) registered to vote at the same address as the voter;

(3) an early voting clerk or a deputy early voting clerk;

(4) a person who possesses the carrier envelope in order to

deposit the envelope in the mail or with a common or contract

carrier and who provides the information required by Section

86.0051(b) in accordance with that section;

(5) an employee of the United States Postal Service working in

the normal course of the employee's authorized duties; or

(6) a common or contract carrier working in the normal course of

the carrier's authorized duties if the official ballot is sealed

in an official carrier envelope that is accompanied by an

individual delivery receipt for that particular carrier envelope.

(g) An offense under Subsection (f) is:

(1) a Class B misdemeanor if the person possesses at least one

but fewer than 10 ballots or carrier envelopes unless the person

possesses the ballots or carrier envelopes without the consent of

the voters, in which event the offense is a state jail felony;

(2) a Class A misdemeanor if the person possesses at least 10

but fewer than 20 ballots or carrier envelopes unless the person

possesses the ballots or carrier envelopes without the consent of

the voters, in which event the offense is a felony of the third

degree; or

(3) a state jail felony if the person possesses 20 or more

ballots or carrier envelopes unless the person possesses the

ballots or carrier envelopes without the consent of the voters,

in which event the offense is a felony of the second degree.

(h) A ballot returned in violation of this section may not be

counted. If the early voting clerk determines that the ballot was

returned in violation of this section, the clerk shall make a

notation on the carrier envelope and treat it as a ballot not

timely returned in accordance with Section 86.011(c). If the

ballot is returned before the end of the period for early voting

by personal appearance, the early voting clerk shall promptly

mail or otherwise deliver to the voter a written notice informing

the voter that:

(1) the voter's ballot will not be counted because of a

violation of this code; and

(2) the voter may vote if otherwise eligible at an early voting

polling place or the election day precinct polling place on

presentation of the notice.

(i) In the prosecution of an offense under Subsection (f):

(1) the prosecuting attorney is not required to negate the

applicability of the provisions of Subsections (f)(1)-(6) in the

accusation charging commission of an offense;

(2) the issue of the applicability of a provision of Subsection

(f)(1), (2), (3), (4), (5), or (6) is not submitted to the jury

unless evidence of that provision is admitted; and

(3) if the issue of the applicability of a provision of

Subsection (f)(1), (2), (3), (4), (5), or (6) is submitted to the

jury, the court shall charge that a reasonable doubt on the issue

requires that the defendant be acquitted.

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

by Acts 1987, 70th Leg., ch. 431, Sec. 1, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 472, Sec. 28, eff. Sept. 1, 1987; Acts

1991, 72nd Leg., ch. 203, Sec. 1.18; Acts 1991, 72nd Leg., ch.

554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1381,

Sec. 15, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 393, Sec.

14, eff. Sept. 1, 2003.

Amended by:

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

238, Sec. 1, eff. September 1, 2007.

Sec. 86.007. DEADLINE FOR RETURNING MARKED BALLOT. (a) Except

as provided by Subsection (d), a marked ballot voted by mail must

arrive at the address on the carrier envelope before the time the

polls are required to close on election day.

(b) If the early voting clerk cannot determine whether a ballot

arrived before the deadline, the ballot is considered to have

arrived at the time the place at which the carrier envelopes are

deposited was last inspected for removal of returned ballots. The

clerk shall check for returned ballots, at least once before the

deadline, after the normal delivery time on the last day at the

place at which the carrier envelopes are deposited.

(c) A marked ballot that is not timely returned may not be

counted.

(d) A marked ballot voted by mail that arrives after the time

prescribed by Subsection (a) shall be counted if:

(1) the ballot was cast from an address outside the United

States;

(2) the carrier envelope was placed for delivery before the time

the ballot is required to arrive under Subsection (a); and

(3) the ballot arrives at the address on the carrier envelope

not later than the fifth day after the date of the election,

except that if that date falls on a Saturday, Sunday, or legal

state or national holiday, then the deadline is extended to the

next regular business day.

(e) A delivery under Subsection (d)(2) is timely, except as

otherwise provided by this title, if the carrier envelope or, if

applicable, the envelope containing the carrier envelope:

(1) is properly addressed with postage or handling charges

prepaid;

(2) is sent from an address outside the United States; and

(3) bears a cancellation mark of a recognized postal service or

a receipt mark of a common or contract carrier or a courier

indicating a time before the deadline.

(f) If the envelope does not bear the cancellation mark or

receipt mark as required by Subsection (e)(3), a delivery under

Subsection (d)(1) is presumed to be timely if the other

requirements under this section are met. Section 1.006 does not

apply to Subsection (d)(3).

(g) The secretary of state shall prescribe procedures as

necessary to implement Subsection (d).

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

by Acts 1987, 70th Leg., ch. 472, Sec. 29, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg.,

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

1349, Sec. 38, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.

1316, Sec. 24, eff. Sept. 1, 2003; Acts 2003, 78th Leg., 3rd

C.S., ch. 1, Sec. 4, eff. Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

1062, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.18, eff. September 1, 2005.

Sec. 86.008. DEFECTIVE APPLICATION. (a) If on reviewing an

application for a ballot to be voted by mail that was received on

or before the 12th day before election day the early voting clerk

determines that the application does not fully comply with the

applicable requirements prescribed by this title, the clerk shall

mail or otherwise deliver an official application form to the

applicant.

(b) The clerk shall include with the application form mailed or

delivered to the applicant a written notice containing:

(1) a brief explanation of each defect in the noncomplying

application;

(2) a statement informing the voter that the voter is not

entitled to vote an early voting ballot unless the application

complies with all legal requirements; and

(3) instructions for submitting the second application.

(c) If an application that does not fully comply with the

applicable requirements prescribed by this title is received

after the 12th day before election day and before the end of the

period for early voting by personal appearance, the clerk shall

mail or otherwise deliver a notice to the voter containing the

information prescribed by Subdivisions (1) and (2) of Subsection

(b), including a statement that the application was late, if

applicable.

(d) Notwithstanding any other provisions of this code, the clerk

may deliver in person to the voter a second application if the

defective original application is timely and may receive, before

the deadline, the corrected application in person from the voter.

If a procedure authorized by this subsection is used, it must be

applied uniformly to all applications covered by this subsection.

The clerk shall enter a notation on the application indicating

any information added by the clerk under this subsection. A poll

watcher is entitled to accompany the clerk and observe the

procedures under this subsection. The secretary of state may

prescribe any other procedures necessary to implement this

subsection including requirements for posting notice of any

deliveries.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 30, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg.,

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

864, Sec. 75, eff. Sept. 1, 1997.

Sec. 86.009. PROVIDING CORRECTED BALLOT TO VOTER. (a) If,

after a ballot to be voted by mail is provided to a voter, the

official ballot is changed in a way that affects the choices

available to the voter in the election or the validity of the

ballot provided to the voter if cast, the early voting clerk

shall mail a corrected ballot and corresponding balloting

materials to the voter unless in the clerk's opinion there is not

sufficient time for the voter to timely return the corrected

ballot to the clerk.

(b) The clerk shall include with the balloting materials

provided to the voter a written notice containing:

(1) a brief explanation of the reason for providing another

ballot; and

(2) an instruction to destroy the defective ballot if it has not

already been returned to the clerk.

(c) Before mailing the corrected ballot to the voter, the clerk

shall place a notation on the carrier envelope indicating that

the ballot is a corrected ballot being provided under this

section. The clerk shall also indicate on the voter's application

that the voter was provided a corrected ballot.

(d) The clerk shall prepare a list containing the name of each

voter who is provided a corrected ballot under this section. The

clerk shall preserve the list for the period for preserving the

precinct election records.

(e) A voter's defective ballot that is timely returned to the

clerk as a marked ballot shall be treated as:

(1) a marked ballot not timely returned if the corrected ballot

is timely returned as a marked ballot; or

(2) as the voter's ballot for the election if the corrected

ballot is not timely returned.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd

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

ch. 864, Sec. 76, eff. Sept. 1, 1997.

Sec. 86.010. ASSISTING VOTER. (a) A voter casting a ballot by

mail who would be eligible under Section 64.031 to receive

assistance at a polling place may select a person as provided by

Section 64.032(c) to assist the voter in preparing the ballot.

(b) Assistance rendered under this section is limited to that

authorized by this code at a polling place.

(c) The person assisting the voter must sign a written oath

prescribed by Section 64.034 that is part of the certificate on

the official carrier envelope.

(d) If a voter is assisted in violation of Subsection (a) or

(b), the voter's ballot may not be counted.

(e) A person who assists a voter to prepare a ballot to be voted

by mail shall enter the person's signature, printed name, and

residence address on the official carrier envelope of the voter.

(f) A person commits an offense if the person knowingly fails to

provide the information on the official carrier envelope as

required by Subsection (e).

(g) An offense under this section is a Class A misdemeanor

unless the person is convicted of an offense under Section 64.036

for providing unlawful assistance to the same voter, in which

event the offense is a state jail felony.

(h) Subsection (f) 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. 2.12; Acts 1991, 72nd

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

ch. 1381, Sec. 16, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.

393, Sec. 15, eff. Sept. 1, 2003.

Sec. 86.011. ACTION BY CLERK ON RETURN OF BALLOT. (a) The

early voting clerk shall determine whether the return of a

voter's official carrier envelope for a ballot voted by mail is

timely.

(b) If the return is timely, the clerk shall enclose the carrier

envelope and the voter's early voting ballot application in a

jacket envelope.

(c) If the return is not timely, the clerk shall enter the time

of receipt on the carrier envelope and retain it for the period

for preserving the precinct election records. The clerk shall

destroy the unopened envelope and its contents after the

preservation period.

(d) Notwithstanding any other provisions of this code, if the

clerk receives a timely carrier envelope that does not fully

comply with the applicable requirements prescribed by this title,

the clerk may deliver the carrier envelope in person or by mail

to the voter and may receive, before the deadline, the corrected

carrier envelope from the voter, or the clerk may notify the

voter of the defect by telephone and advise the voter that the

voter may come to the clerk's office in person to correct the

defect or cancel the voter's application to vote by mail and vote

on election day. If the procedures authorized by this subsection

are used, they must be applied uniformly to all carrier envelopes

covered by this subsection. A poll watcher is entitled to observe

the procedures under this subsection. The secretary of state may

prescribe any other procedures necessary to implement this

subsection including requirements for posting notice of any

deliveries.

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

by Acts 1987, 70th Leg., ch. 472, Sec. 31, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.19; Acts 1991, 72nd Leg.,

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

864, Sec. 77, eff. Sept. 1, 1997.

Sec. 86.012. OFFICIAL BALLOT ENVELOPE. (a) "Ballot Envelope"

must be printed on the face of each officially prescribed ballot

envelope for a ballot to be voted by mail.

(b) The following textual material, as prescribed by the

secretary of state, must be printed on the face of each official

ballot envelope and may be continued on the reverse side if

necessary:

(1) instructions for marking the ballot and returning the marked

ballot to the early voting clerk;

(2) the deadline for returning the marked ballot to the clerk;

(3) limitations on assistance to the voter; and

(4) criminal penalties for unlawful assistance in preparing the

ballot.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd

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

Sec. 86.013. OFFICIAL CARRIER ENVELOPE. (a) "Carrier Envelope

for Early Voting Ballot," the name and official title of the

early voting clerk as addressee, and the clerk's official mailing

address must be printed on the face of each official carrier

envelope for a ballot to be voted by mail.

(b) Spaces must appear on the reverse side of the official

carrier envelope for:

(1) indicating the identity and date of the election; and

(2) entering the signature, printed name, and residence address

of a person other than the voter who deposits the carrier

envelope in the mail or with a common or contract carrier.

(c) A certificate in substantially the following form must be

printed on the reverse side of the official carrier envelope in a

manner that requires the voter to sign across the flap of the

envelope:

"I certify that the enclosed ballot expresses my wishes

independent of any dictation or undue persuasion by any person.

________________________________

Signature of voter

By: ____________________________

Signature of person assisting

voter, if applicable (see Ballot

Envelope for restrictions and

penalties)

_______________________________

Printed name of person assisting

voter, if applicable

_______________________________

Residence address of person

assisting voter, if applicable"

(d) The following textual material, as prescribed by the

secretary of state, must be printed on the reverse side of the

official carrier envelope or on a separate sheet accompanying the

carrier envelope when it is provided:

(1) the prohibition prescribed by Section 86.006(b);

(2) the conditions for delivery by common or contract carrier

prescribed by Sections 81.005 and 86.006;

(3) the requirements for the legal execution and delivery of the

carrier envelope;

(4) the prohibition prescribed by Section 86.006(e); and

(5) the offenses prescribed by Sections 86.006(f) and 86.010(f).

(e) The following notice must be printed on the reverse side of

the official carrier envelope, near the space provided for the

voter's signature: "This envelope must be sealed by the voter

before it leaves the voter's hands. Do not sign this envelope

unless the ballot has been marked by you or at your direction."

(f) The oath of a person assisting a voter must be included on

the official carrier envelope as part of the certificate

prescribed by Subsection (c).

(g) The secretary of state by rule shall require that a notice

informing voters of the telephone number established under

Section 31.0055 and the purpose of the telephone number be

printed on:

(1) the official carrier envelope; or

(2) an insert enclosed with the balloting materials for voting

by mail sent to the voter.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.20; Acts 1991, 72nd

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

ch. 1381, Sec. 17, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch.

393, Sec. 16, eff. Sept. 1, 2003.

Sec. 86.014. PUBLIC INSPECTION OF EARLY VOTING RECORDS. (a) A

copy of an application for a ballot to be voted by mail may be

obtained from the early voting clerk:

(1) 72 hours after the time a ballot is mailed to the voter; or

(2) 48 hours after the time a ballot is mailed to the voter if

the mailing occurs on the fourth day before election day.

(b) Originals of the applications and carrier envelopes are not

available for public inspection until those materials are

delivered to the general custodian of election records after the

election.

Added by Acts 1987, 70th Leg., ch. 472, Sec. 32, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts

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

75th Leg., ch. 565, Sec. 5, eff. Sept. 1, 1997; Acts 1997, 75th

Leg., ch. 1381, Sec. 18, eff. Sept. 1, 1997.