(a) A qualified voter is eligible for early voting by mail if, at the time the voter’s early voting ballot application is submitted, the voter is confined in jail:
(1) serving a misdemeanor sentence for a term that ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony conviction; or
(4) pending trial or appeal on a bailable offense for which release on bail before election day is unlikely.
(b) A voter confined in jail who is eligible for early voting is not entitled to vote by personal appearance unless the authority in charge of the jail, in the authority’s discretion, permits the voter to do so.

Terms Used In Texas Election Code 82.004

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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