Texas Election Code

§ 86.008 — OPPORTUNITY TO CORRECT DEFECT: APPLICATION

EL § 86.008Title 7. EARLY VOTING · Part A. EARLY VOTING · Ch. 86. CONDUCT OF VOTING BY MAIL

Statute text

(a)This section applies to an application for a ballot to be voted by mail for which the applicant failed to comply with a requirement provided by Section 84.002, 84.0021, or 84.003(a) in a manner that would lead, if not corrected, to the rejection of the applicant's application. (a-1) Not later than the second day after the early voting clerk discovers a defect described by Subsection (a), the early voting clerk shall:

(1)determine if it would be possible for the applicant to correct the defect and return an application form by mail before the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable; and

(2)notwithstanding any other law, if the clerk determines it would be possible to correct the defect and return an application form before the deadline provided by Section 84.007(c) or 86.0015(b-1), either return the application to the applicant or deliver an official application form to the applicant.

(b)The clerk shall include with the returned application or an application form delivered to the applicant under Subsection (a-1)(2) 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

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 6, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 4, eff. September 1, 2023.