This section sets rules for annual ballots by mail applications, including who the section covers, filing deadlines, record handling, and information-sharing duties for election officials.
Sec. 86.0015. ANNUAL BALLOTS BY MAIL. (a) This section applies only to an application for a ballot to be voted by mail that: (1) indicates the ground of eligibility is age or disability; and (2) does not specify the election for which a ballot is requested or has been marked by the applicant as an application for more than one election. (b) An application described by Subsection (a) is considered to be an application for a ballot for each election, including any ensuing runoff: (1) in which the applicant is eligible to vote; and (2) that occurs before the earlier of: (A) except as provided by Subsection (b-2), the end of the calendar year in which the application was submitted; (B) the date the county clerk receives notice from the voter registrar under Subsection (f) that the voter has changed residence to another county; or (C) the date the voter's registration is canceled. (b-1) An application submitted under this section must be submitted before the close of regular business in the early voting clerk's office or 12 noon, whichever is later, on the 11th day before election day unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day. (b-2) An application is considered to be submitted in the following calendar year for purposes of this section if: (1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and (2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (c) In an election of a political subdivision located in a county in which the county clerk is not the early voting clerk, the county clerk shall provide the early voting clerk of the political subdivision that is holding the election a list of voters in the portion of the political subdivision located in the county who have ballot applications on file under this section along with copies of the applications submitted by those voters. The early voting clerk shall provide a ballot to be voted by mail to each voter on the list for whom the early voting clerk received a copy of an application submitted under this section. (d) The secretary of state shall provide a method by which counties and political subdivisions located in the county can exchange and update information on applications received under this section. (e) An application described by Subsection (a) shall be preserved for the period for preserving the precinct election records for the last election for which the application is effective. (f) The voter registrar shall notify the county clerk when a voter's voter registration has been canceled or a voter's address or name has changed. The county clerk must update any list of voters who have ballot applications on file under this section based on the information received from the voter registrar. A voter's ballot application on file under this section may not be canceled if a correction in registration information for the voter is a change of address within the county in which the voter is registered or a change of the voter's name. Added by Acts 2013, 83rd Leg., R.S., Ch. 53 (H.B. 666), Sec. 1, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1050 (H.B. 1927), Sec. 6, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 58, eff. September 1, 2021.