Texas Statutes
Subchapter C. Accepting Early Voting Ballot Voted by Mail
Section 87.0411. Opportunity to Correct Defect: Early Voting Ballot Board

Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING BALLOT BOARD. (a) This section applies to an early voting ballot voted by mail:
(1) for which the voter did not sign the carrier envelope certificate;
(2) for which it cannot immediately be determined whether the signature on the carrier envelope certificate is that of the voter;
(3) missing any required statement of residence;
(4) missing information or containing incorrect information required under Section 84.002(a)(1-a) or Section 86.002; or
(5) containing incomplete information with respect to a witness.
(b) Not later than the second business day after an early voting ballot board discovers a defect described by Subsection (a) and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041, the board shall:
(1) determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day; and
(2) return the carrier envelope to the voter by mail, if the board determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day.
(c) If the early voting ballot board determines under Subsection (b)(1) that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day, the board may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter's application to vote by mail canceled in the manner described by Section 84.032 or come to the early voting clerk's office in person not later than the sixth day after election day to correct the defect.
(d) If the early voting ballot board takes an action described by Subsection (b) or (c), the board must take either action described by that subsection with respect to each ballot in the election to which this section applies.
(e) A poll watcher is entitled to observe an action taken under Subsection (b) or (c).
(f) The secretary of state may prescribe any procedures necessary to implement this section.
(g) Notwithstanding any other law, a ballot may not be finally rejected for a reason listed in Section 87.041(b)(1), (2), or (6) before the seventh day after election day.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.14, eff. December 2, 2021.