If a mail ballot application has a correctable defect, the early voting clerk must quickly give the applicant notice and a way to fix it.
Sec. 86.008. OPPORTUNITY TO CORRECT DEFECT: APPLICATION. (a) This section applies to an application for a ballot to be voted by mail for which the applicant failed to comply with a requirement provided by Section 84.002, 84.0021, or 84.003(a) in a manner that would lead, if not corrected, to the rejection of the applicant's application. (a-1) Not later than the second day after the early voting clerk discovers a defect described by Subsection (a), the early voting clerk shall: (1) determine if it would be possible for the applicant to correct the defect and return an application form by mail before the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable; and (2) notwithstanding any other law, if the clerk determines it would be possible to correct the defect and return an application form before the deadline provided by Section 84.007(c) or 86.0015(b-1), either return the application to the applicant or deliver an official application form to the applicant. (b) The clerk shall include with the returned application or an application form delivered to the applicant under Subsection (a-1)(2) a written notice containing: (1) a brief explanation of each defect in the noncomplying application; (2) a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements; and (3) instructions for submitting the corrected or second application. (c) If the early voting clerk determines that it would not be possible for the applicant to correct the defect and return an application form by mail before the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable, the clerk may notify the applicant by telephone or e-mail of the defect, including the information required under Subsection (b), and inform the applicant that the applicant may come to the early voting clerk's office before the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable, and correct the defect in person. (c-1) The clerk shall: (1) in addition to returning an application or providing an application form under Subsection (a-1)(2) or notifying an applicant under Subsection (c), notify the applicant of a defect discovered under this section and provide the information required to be included under Subsection (b) using the online tool described by Section 86.015; and (2) if possible, permit the applicant to correct a defect using the online tool described by Section 86.015. (d) Notwithstanding any other provisions of this code, the clerk may deliver in person to the voter a second application if the defective original application is timely and may receive, before the deadline, the corrected application in person from the voter. If a procedure authorized by this subsection is used, it must be applied uniformly to all applications covered by this subsection. The clerk shall enter a notation on the application indicating any information added by the clerk under this subsection. A poll watcher is entitled to accompany the clerk and 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. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 30, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, Sec. 75, eff. Sept. 1, 1997. Amended by: Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 6, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 4, eff. September 1, 2023.