Texas Election Code 86.011 – Action by Clerk On Return of Ballot
Current as of: 2024 | Check for updates
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(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.
Terms Used In Texas Election Code 86.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
(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 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.