2005 Texas Election Code CHAPTER 84. APPLICATION FOR BALLOT

ELECTION CODE

CHAPTER 84. APPLICATION FOR BALLOT

SUBCHAPTER A. APPLICATION FOR BALLOT


	§ 84.001. APPLICATION REQUIRED.  (a) To be entitled to 
vote an early voting ballot by mail, a person who is eligible for 
early voting must make an application for an early voting ballot to 
be voted by mail as provided by this title.
	(b)  An application must be in writing and signed by the 
applicant.          
	(c)  An applicant is not required to use an official 
application form.       
	(d)  An application must be submitted by mail to the early 
voting clerk for the election who serves the election precinct of 
the applicant's residence.
	(d-1)  A timely application that is addressed to the wrong 
early voting clerk shall be forwarded to the proper early voting 
clerk not later than the day after the date it is received by the 
wrong clerk.
	(e)  An applicant for a ballot to be voted by mail may apply 
for ballots for the main election and any resulting runoff election 
on the same application.  The timeliness of the application for both 
elections is determined in relation to the main election.  However, 
if the application is not timely for the main election, the 
timeliness of the application for the runoff election is determined 
in relation to that election.
	(f)  A person who has not made an application as provided by 
this title is not entitled to receive an early voting ballot to be 
voted by mail.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 20, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 554, 
§ 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, § 33, 
eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, § 2, eff. 
Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 890, § 1, eff. Sept. 1, 
1999;  Acts 2001, 77th Leg., ch. 854, § 1, eff. Sept. 1, 2001;  
Acts 2003, 78th Leg., ch. 633, § 1, eff. Sept. 1, 2003.


	§ 84.002. CONTENTS OF APPLICATION.  (a) An early voting 
ballot application must include:
		(1)  the applicant's name and the address at which the 
applicant is registered to vote;
		(2)  for an application for a ballot to be voted by mail 
on the ground of absence from the county of residence, the address 
outside the applicant's county of residence to which the ballot is 
to be mailed;
		(3)  for an application for a ballot to be voted by mail 
on the ground of age or disability, the address of the hospital, 
nursing home or other long-term care facility, or retirement 
center, or of a person related to the applicant within the second 
degree by affinity or the third degree by consanguinity, as 
determined under Chapter 573, Government Code, if the applicant is 
living at that address and that address is different from the 
address at which the applicant is registered to vote;
		(4)  for an application for a ballot to be voted by mail 
on the ground of confinement in jail, the address of the jail or of a 
person related to the applicant within the degree described by 
Subdivision (3);
		(5)  for an application for a ballot to be voted by mail 
on any ground, an indication of each election for which the 
applicant is applying for a ballot;  and
		(6)  an indication of the ground of eligibility for 
early voting.           
	(b)  An application for a ballot to be voted by mail on the 
ground of absence from the county of residence must indicate that 
the applicant satisfies the requirements prescribed by Section 
82.001.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 21, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991;  Acts 1991, 
72nd Leg., ch. 203, § 1.04;  Acts 1997, 75th Leg., ch. 565, § 
1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, § 3, eff. 
Sept. 1, 1997.


	§ 84.003. SIGNING APPLICATION BY WITNESS;  ASSISTING 
APPLICANT.  (a) An early voting ballot application signed for the 
applicant by a witness other than the early voting clerk or a deputy 
must indicate the witness's relationship to the applicant or, if 
unrelated, indicate that fact.
	(b)  A person who acts as a witness for an applicant for an 
early voting ballot application commits an offense if the person 
knowingly fails to comply with Section 1.011.  A person who in the 
presence of the applicant otherwise assists an applicant in 
completing an early voting ballot application commits an offense if 
the person knowingly fails to comply with Section 1.011(d) in the 
same manner as a witness.
	(c)  An offense under this section is a Class A misdemeanor.                   
	(d)  Subsection (b) does not apply if the person is related 
to the applicant within the second degree by affinity or the third 
degree by consanguinity, as determined under Subchapter B, Chapter 
573, Government Code, or is registered to vote at the same address 
as the applicant.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 393, § 
7, eff. Sept. 1, 2003.


	§ 84.004. UNLAWFULLY WITNESSING APPLICATION FOR MORE THAN 
ONE APPLICANT.  (a) A person commits an offense if, in the same 
election, the person signs an early voting ballot application as a 
witness for more than one applicant.
	(b)  It is an exception to the application of Subsection (a) 
that the person signed early voting ballot applications for more 
than one applicant:
		(1)  as an early voting clerk or deputy early voting 
clerk;  or             
		(2)  and the person is related to the additional 
applicants as a parent, grandparent, spouse, child, or sibling.
	(c)  A violation of this section does not affect the validity 
of an application involved in the offense.
	(d)  Each application signed by the witness in violation of 
this section constitutes a separate offense.
	(e)  An offense under this section is a Class B misdemeanor.                   

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 2003, 78th Leg., ch. 393, § 
8, eff. Sept. 1, 2003.


	§ 84.0041. PROVIDING FALSE INFORMATION ON 
APPLICATION.  (a) A person commits an offense if the person 
knowingly provides false information on an application for an early 
voting ballot.
	(b)  An offense under this section is a state jail felony 
unless the person is the applicant, is related to the applicant 
within the second degree by affinity or the third degree by 
consanguinity, as determined under Subchapter B, Chapter 573, 
Government Code, or is registered to vote at the same address as the 
applicant, in which event the offense is a Class A misdemeanor.

Added by Acts 1987, 70th Leg., ch. 472, § 22, eff. Sept. 1, 1987.  
Amended by Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 
72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991;  Acts 1997, 75th 
Leg., ch. 565, § 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 
1381, § 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 393, 
§ 9, eff. Sept. 1, 2003.


	§ 84.005. APPLICATION COMPONENTS.  Each document that 
contains information required for an early voting ballot 
application and that is submitted to the early voting clerk and any 
envelope in which an application is submitted are part of the early 
voting ballot application.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 84.007. SUBMITTING APPLICATION FOR BALLOT VOTED BY 
MAIL:  GENERAL RULE.  (a) Except as provided by Sections 84.008 and 
84.009, an application for a ballot to be voted by mail must be 
submitted as provided by this section.
	(b)  An application must be submitted to the early voting 
clerk by:          
		(1)  mail;                                                                    
		(2)  common or contract carrier;  or                                          
		(3)  telephonic facsimile machine, if the applicant is 
absent from the county and if a machine is available in the clerk's 
office.
	(c)  An application must be submitted on or after the 60th 
day before election day and before the close of regular business in 
the early voting clerk's office or 12 noon, whichever is later, on 
the seventh 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.
	(d)  An application is considered to be submitted at the time 
of its receipt by the clerk.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 23, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991;  Acts 1991, 
72nd Leg., ch. 203, § 1.05;  Acts 1993, 73rd Leg., ch. 728, § 
26, eff. Sept. 1, 1993.


	§ 84.008. SUBMITTING APPLICATION FOR BALLOT VOTED BY 
MAIL:  PERSONAL DELIVERY.  (a) An applicant for a ballot to be voted 
by mail may submit the application by delivering it in person to the 
early voting clerk if the application is submitted not later than 
the close of regular business in the clerk's office on the day 
before the first day of the period for early voting by personal 
appearance.
	(b)  This section does not apply to an application submitted 
under Chapter 101, 102, or 103.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, § 
71, eff. Sept. 1, 1997.


	§ 84.009. SUBMITTING APPLICATION FOR BALLOT VOTED BY 
MAIL:  CONFINEMENT IN JAIL.  (a) On request of the applicant, an 
application for a ballot to be voted by mail on the ground of 
confinement in jail may be submitted to the early voting clerk, at 
the discretion of the authority in charge of the jail, by personal 
delivery by the jail authority or by a designated subordinate of the 
authority.
	(b)  An application submitted under this section may not be 
submitted before the 20th day before election day.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 84.010. PRESERVATION OF APPLICATION.  Each early voting 
ballot application shall be preserved after the election for the 
period for preserving the precinct election records.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 84.011. OFFICIAL APPLICATION FORM.  (a) The officially 
prescribed application form for an early voting ballot must 
include:
		(1)  immediately preceding the signature space the 
statement:  "I certify that the information given in this 
application is true, and I understand that giving false information 
in this application is a crime.";
		(2)  a statement informing the applicant of the 
offenses prescribed by Sections 84.003 and 84.004;
		(3)  spaces for entering an applicant's voter 
registration number and county election precinct of registration, 
with a statement informing the applicant that failure to furnish 
that information does not invalidate the application;  and
		(4)  on an application for a ballot to be voted by mail:                      
			(A)  a space for an applicant applying on the 
ground of absence from the county of residence to indicate the date 
on or after which the applicant can receive mail at the address 
outside the county;
			(B)  a space for indicating the fact that an 
applicant whose application is signed by a witness cannot make the 
applicant's mark and a space for indicating the relationship or 
lack of relationship of the witness to the applicant;
			(C)  a space for entering an applicant's telephone 
number, with a statement informing the applicant that failure to 
furnish that information does not invalidate the application;
			(D)  a space or box for an applicant applying on 
the ground of age or disability to indicate that the address to 
which the ballot is to be mailed is the address of a facility or 
relative described by Section 84.002(a)(3), if applicable;
			(E)  a space or box for an applicant applying on 
the ground of confinement in jail to indicate that the address to 
which the ballot is to be mailed is the address of a relative 
described by Section 84.002(a)(4), if applicable;
			(F)  spaces for entering the signature, printed 
name, and residence address of any person assisting the applicant;
			(G)  a statement informing the applicant of the 
condition prescribed by Section 81.005;  and
			(H)  a statement informing the applicant of the 
requirement prescribed by Section 86.003(c).
	(b)  The officially prescribed application form for an early 
voting ballot to be voted by mail must be at least eight inches by 
nine inches in size and be printed in at least six-point type.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1987, 70th Leg., ch. 472, § 24, eff. Sept. 1, 1987;  Acts 
1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991;  Acts 1991, 
72nd Leg., ch. 203, § 1.06;  Acts 1997, 75th Leg., ch. 565, § 
3, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 864, § 72, eff. 
Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, § 5, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 393, § 10, eff. Sept. 1, 2003.


	§ 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST.  The 
early voting clerk shall mail without charge an appropriate 
official application form for an early voting ballot to each 
applicant requesting the clerk to send the applicant an application 
form.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, § 
73, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1381, § 6, eff. 
Sept. 1, 1997.


	§ 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF 
STATE.  The secretary of state shall maintain a supply of the 
official application forms for ballots to be voted by mail and shall 
furnish the forms in reasonable quantities without charge to 
individuals or organizations requesting them for distribution to 
voters.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.07;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.

SUBCHAPTER B. CANCELING APPLICATION FOR BALLOT TO BE VOTED BY MAIL


	§ 84.031. CANCELLATION OF APPLICATION.  (a) An 
application for an early voting ballot to be voted by mail that has 
been submitted to the early voting clerk may be canceled only as 
provided by this subchapter.
	(b)  A person whose application is canceled, if otherwise 
eligible, may vote in the same manner as if the application had not 
been submitted.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.08;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 84.032. REQUEST FOR CANCELLATION.  (a) A person 
desiring to cancel the person's application for a ballot to be voted 
by mail must submit a request for the cancellation to an election 
officer as provided by this section.
	(b)  A request must:                                                           
		(1)  be in writing and signed by the applicant;                               
		(2)  specify the election for which the application was 
made;  and          
		(3)  except as provided by Subsection (c), (d), or (e), 
be received by the early voting clerk:
			(A)  not later than the third day before election 
day;  and                
			(B)  if an early voting ballot sent to the 
applicant is returned to the clerk as a marked ballot, before the 
marked ballot's arrival at the address on the carrier envelope.
	(c)  An applicant may submit a request after the close of 
early voting by personal appearance by appearing in person and:
		(1)  returning the ballot to be voted by mail to the 
early voting clerk;  or
		(2)  executing an affidavit that the applicant has not 
received the ballot to be voted by mail.
	(d)  An applicant may also submit a request by appearing in 
person and returning the ballot to be voted by mail or presenting a 
notice received under Section 86.006(h) to:
		(1)  the early voting clerk or deputy early voting 
clerk at any polling place that is open for early voting by personal 
appearance;  or
		(2)  the presiding election judge on election day at 
the applicant's precinct polling place.
	(e)  An applicant may also submit a request at any time after 
the early voting ballot is returned to the early voting clerk as a 
marked ballot and before the ballot is delivered to the early voting 
ballot board by appearing in person and executing an affidavit that 
the applicant did not mark the ballot.
	(f)  A request for cancellation in a manner other than as 
authorized by this section, including a request by letter, has no 
effect.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.08;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, § 
27, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1381, § 7, eff. 
Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 393, § 11, eff. Sept. 1, 
2003;  Acts 2003, 78th Leg., ch. 1316, § 21, eff. Sept. 1, 2003;  
Acts 2005, 79th Leg., ch. 728, § 5A.001, 23.001(23), eff. Sept. 
1, 2005.


	§ 84.033. ACTION ON REQUEST.  (a) The election officer 
shall review each cancellation request to determine whether it 
complies with Section 84.032.
	(b)  If the request complies, the early voting clerk shall 
cancel the application and enter on the application "canceled" and 
the date of cancellation.
	(c)  If the request complies, the presiding election judge 
shall enter on the returned ballot or the notice, as applicable, 
"canceled," place it and the request in an envelope, and deposit the 
envelope in ballot box no. 4.  The applicant's application is 
considered to be canceled.
	(d)  If the request does not comply, the election officer 
shall deny the request and enter on the request "denied" and the 
date of and reason for the denial.  The presiding election judge 
shall place the request in an envelope and deposit the envelope in 
ballot box no. 4.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.08;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, § 
27, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1381, § 8, eff. 
Sept. 1, 1997.


	§ 84.034. NOTICE OF DENIAL.  Immediately after denying a 
cancellation request, the election officer shall notify the 
applicant of the denial.  The notice must state the reason for the 
denial.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.08;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, § 
27, eff. Sept. 1, 1993.


	§ 84.035. BALLOT SENT TO APPLICANT.  If the early voting 
clerk cancels an application by an applicant to whom an early voting 
ballot has been sent, the clerk shall:
		(1)  remove the applicant's name from the early voting 
roster;  and         
		(2)  make any other entries in the records and take any 
other action necessary to prevent the ballot from being counted if 
returned.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.08;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 84.036. DISPOSITION OF RETURNED BALLOT.  If an early 
voting ballot sent to an applicant whose application is canceled is 
returned to the early voting clerk as a marked ballot, the ballot 
shall be treated as a marked ballot not timely returned.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.08;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.


	§ 84.037. PRESERVATION OF DOCUMENTS.  The early voting 
clerk shall preserve each cancellation request for the period for 
preserving the precinct election records.  If the application is 
canceled, the clerk shall attach it to the cancellation request and 
preserve it with the request.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1991, 72nd Leg., ch. 203, § 2.08;  Acts 1991, 72nd Leg., ch. 
554, § 1, eff. Sept. 1, 1991.