2005 Texas Election Code CHAPTER 82. ELIGIBILITY FOR EARLY VOTING

ELECTION CODE

CHAPTER 82. ELIGIBILITY FOR EARLY VOTING


	§ 82.001. ABSENCE FROM COUNTY OF RESIDENCE.  (a) Subject 
to Subsection (b), a qualified voter is eligible for early voting by 
mail if the voter expects to be absent from the county of the 
voter's residence on election day and during the regular hours for 
conducting early voting at the main early voting polling place for 
that part of the period for early voting by personal appearance 
remaining after the voter's early voting ballot application is 
submitted to the early voting clerk.
	(b)  If a voter's early voting ballot application is 
submitted on or after the first day of the period for early voting 
by personal appearance, the voter is ineligible for early voting by 
mail unless the voter is absent from the county when the application 
is submitted and satisfies the requirements prescribed by 
Subsection (a).

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 19, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 203, § 2.05;  Acts 1991, 72nd Leg., ch. 554, 
§ 1, eff. Sept. 1, 1991.


	§ 82.002. DISABILITY.  (a) A qualified voter is eligible 
for early voting by mail if the voter has a sickness or physical 
condition that prevents the voter from appearing at the polling 
place on election day without a likelihood of needing personal 
assistance or of injuring the voter's health.
	(b)  Expected or likely confinement for childbirth on 
election day is sufficient cause to entitle a voter to vote under 
Subsection (a).

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 19, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 203, § 2.05;  Acts 1991, 72nd Leg., ch. 554, 
§ 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, § 69, 
eff. Sept. 1, 1997.


	§ 82.003. AGE.  A qualified voter is eligible for early 
voting by mail if the voter is 65 years of age or older on election 
day.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 19, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 203, § 2.05;  Acts 1991, 72nd Leg., ch. 554, 
§ 1, eff. Sept. 1, 1991.


	§ 82.004. CONFINEMENT IN JAIL.  (a) A qualified voter is 
eligible for early voting by mail if, at the time the voter's early 
voting ballot application is submitted, the voter is confined in 
jail:
		(1)  serving a misdemeanor sentence for a term that 
ends on or after election day;
		(2)  pending trial after denial of bail;                                      
		(3)  without bail pending an appeal of a felony 
conviction;  or             
		(4)  pending trial or appeal on a bailable offense for 
which release on bail before election day is unlikely.
	(b)  A voter confined in jail who is eligible for early 
voting is not entitled to vote by personal appearance unless the 
authority in charge of the jail, in the authority's discretion, 
permits the voter to do so.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 19, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991.  Renumbered 
from V.T.C.A., Election Code § 82.005 and amended by Acts 1991, 
72nd Leg., ch. 203, § 1.02;  Acts 1997, 75th Leg., ch. 864, § 
70, eff. Sept. 1, 1997.


	§ 82.005. ELIGIBILITY FOR EARLY VOTING BY PERSONAL 
APPEARANCE.  Any qualified voter is eligible for early voting by 
personal appearance.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 19, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991.  Renumbered 
from V.T.C.A., Election Code § 82.006 and amended by Acts 1991, 
72nd Leg., ch. 203, § 1.02.