The early voting clerk must check whether a mailed ballot carrier envelope was returned on time and, depending on timing, either process it, hold and later destroy it, or send defect notice and correction materials. The secretary of state must develop a corrective action form, and a poll watcher may observe certain defect-related actions.
Sec. 86.011. ACTION BY CLERK ON RETURN OF BALLOT. (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. (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, not later than the second day after the clerk discovers the defect and before the time of delivery under Subchapter B, Chapter 87, shall send the voter a notice of the defect and a corrective action form developed by the secretary of state under Subsection (g) by mail or by common or contract carrier. (e) The early voting clerk shall include with the notice delivered to the voter under Subsection (d): (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 (g) 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. (f) If the early voting clerk 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 clerk 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 (g) 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. (g) The secretary of state shall develop a corrective action form that may be completed and submitted to an early voting clerk under this section to correct a defect. (h) If the early voting clerk takes an action described by Subsection (d), the clerk must take either action described by that subsection with respect to each ballot in the election to which this section applies. (i) A poll watcher is entitled to observe an action taken under Subsection (d) or (f). (j) The early voting clerk shall: (1) in addition to sending the voter notice of the defect under Subsection (d) or notifying the voter of the defect by telephone or e-mail under Subsection (f), 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. (k) The secretary of state may prescribe any procedures necessary to implement this section. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 31, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 203, Sec. 1.19; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, Sec. 77, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 9, eff. September 1, 2011. Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.09, eff. December 2, 2021. Acts 2025, 89th Leg., R.S., Ch. 80 (S.B. 2964), Sec. 1, eff. September 1, 2025.