Texas Election Code

§ 86.011 — ACTION BY CLERK ON RETURN OF BALLOT

EL § 86.011Title 7. EARLY VOTING · Part A. EARLY VOTING · Ch. 86. CONDUCT OF VOTING BY MAIL

Statute text

(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. The clerk shall also include in the jacket envelope:

(1)a copy of the voter's federal postcard application if the ballot is voted under Chapter 101; and

(2)the signature cover sheet, if the ballot is voted under Chapter 105.

(c)If the return is not timely, the clerk shall enter the time of receipt on the carrier envelope and retain it in a locked container 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, not later than the second day after the clerk discovers the defect and before the time of delivery under Subchapter B, Chapter 87, shall send the voter a notice of the defect and a corrective action form developed by the secretary of state under Subsection (g) by mail or by common or contract carrier.

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 9, eff. September 1, 2011. Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.09, eff. December 2, 2021. Acts 2025, 89th Leg., R.S., Ch. 80 (S.B. 2964), Sec. 1, eff. September 1, 2025.