Texas Election Code

§ 86.007 — DEADLINE FOR RETURNING MARKED BALLOT

EL § 86.007Title 7. EARLY VOTING · Part A. EARLY VOTING · Ch. 86. CONDUCT OF VOTING BY MAIL

Statute text

(a)Except as provided by Subsection (d), a marked ballot voted by mail must arrive at the address on the carrier envelope:

(1)before the time the polls are required to close on election day; or

(2)not later than 5 p.m. on the day after election day, if the carrier envelope was placed for delivery by mail or common or contract carrier before election day and bears a cancellation mark of a common or contract carrier or a courier indicating a time not later than 7 p.m. at the location of the election 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:

…

Legislative history

Acts 2005, 79th Leg., Ch. 1062 (H.B. 1414), Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.18, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 818 (H.B. 1151), Sec. 1, eff. September 1, 2017.