This section requires the early voting ballot board to notify a voter about certain mail-ballot defects and give a corrective action form. It also lets the voter fix the defect or cancel the mail-voting application, gives poll watchers a right to observe, and delays final rejection for certain defects until after the seventh day after election day.
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 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 send the voter a notice of the defect and a corrective action form developed by the secretary of state under Subsection (c-1) by mail or by common or contract carrier. (b-1) The early voting ballot board shall include with the notice delivered to the voter under Subsection (b): (1) a brief explanation of each defect in the noncomplying ballot; and (2) a notice that the voter may: (A) cancel the voter's application to vote by mail in the manner described by Section 84.032; or (B) correct the defect in the voter's ballot by: (i) submitting a corrective action form developed and made available by the secretary of state under Subsection (c-1) by mail or by common or contract carrier; or (ii) coming to the early voting clerk's office not later than the sixth day after election day. (c) If the early voting ballot board determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, 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, submit a corrective action form developed by the secretary of state under Subsection (c-1) by mail or by common or contract carrier, or come to the early voting clerk's office in person not later than the sixth day after election day to correct the defect. (c-1) The secretary of state shall develop a corrective action form that may be completed and submitted to an early voting ballot board under this section to correct a 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). (e-1) The early voting ballot board shall: (1) in addition to sending the voter notice of the defect under Subsection (b) or notifying the voter of the defect by telephone or e-mail under Subsection (c), notify the voter of a defect discovered under this section using the online tool described by Section 86.015; and (2) if possible, permit the voter to correct a defect using the online tool described by Section 86.015. (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. Amended by: Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 10, eff. September 1, 2023.