If a mailed ballot is changed in a way that could affect the voter’s choices or the ballot’s validity, the early voting clerk must send a corrected ballot and related materials unless there is not enough time for the voter to return it.
Sec. 86.009. PROVIDING CORRECTED BALLOT TO VOTER. (a) If, after a ballot to be voted by mail is provided to a voter, the official ballot is changed in a way that affects the choices available to the voter in the election or the validity of the ballot provided to the voter if cast, the early voting clerk shall mail a corrected ballot and corresponding balloting materials to the voter unless in the clerk's opinion there is not sufficient time for the voter to timely return the corrected ballot to the clerk. (b) The clerk shall include with the balloting materials provided to the voter a written notice containing: (1) a brief explanation of the reason for providing another ballot; and (2) an instruction to destroy the defective ballot if it has not already been returned to the clerk. (c) Before mailing the corrected ballot to the voter, the clerk shall place a notation on the carrier envelope indicating that the ballot is a corrected ballot being provided under this section. The clerk shall also indicate on the voter's application that the voter was provided a corrected ballot. (d) The clerk shall prepare a list containing the name of each voter who is provided a corrected ballot under this section. The clerk shall preserve the list for the period for preserving the precinct election records. (e) Except as provided by Subsection (f), a voter's defective ballot that is timely returned to the clerk as a marked ballot shall be treated as: (1) a marked ballot not timely returned if the corrected ballot is timely returned as a marked ballot by the close of the polls on election day; or (2) as the voter's ballot for the election if the corrected ballot is not timely returned by the close of the polls on election day. (f) A ballot to be voted by mail under Chapter 101 corrected under this section may be counted if it is timely returned as required by Section 101.057. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by 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. 76, eff. Sept. 1, 1997. Amended by: Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 61, eff. September 1, 2021.