(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:
(A)
has not received the ballot to be voted by mail;
(B)
never requested a ballot to be voted by mail; or
(C)
received notice of a defect under Section 87.0271(b) or (c) or 87.0411(b) or (c).
(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.
(d-1)
An election officer shall maintain a register of ballots to be voted by mail returned at a polling place under Subsection (d). An election officer shall enter on the register the name of each voter who returns a ballot to be voted by mail and the ballot's number. The secretary of state shall adopt a form to be used for this purpose.
(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.
History
Amended by
Acts
2023
,
Texas Acts of the 88th Leg.- Regular Session
, ch.
1167
,
Sec.
2
, eff.
9/1/2023
.
Amended by
Acts
2021SP2
,
Texas Acts of the 87th Legislature - Second Special Session
, ch.
TBD
,
Sec.
5.05
, eff.
12/2/2021
.
Amended by
Acts
2017SP1
,
2017
, ch.
1
,
Sec.
6
, eff.
12/1/2017
.
Amended by
Acts
2005
, 79th Leg., Ch.
728
,
Sec.
5A.001
, eff.
9/1/2005
.
Amended by
Acts
2005
, 79th Leg., Ch.
728
,
Sec.
23.001
(23)
, eff.
9/1/2005
.
Amended by
Acts
2003
, 78th Leg., ch.
393
,
Sec.
11
, eff.
9/1/2003
Amended by
Acts
2003
, 78th Leg., ch.
1316
,
Sec.
21
, eff.
9/1/2003
.
Amended by
Acts
1997
, 75th Leg., ch.
1381
,
Sec.
7
, eff.
9/1/1997
Amended by
Acts
1993
, 73rd Leg., ch.
728
, Sec. 27, eff.
9/1/1993
Amended by
Acts
1991
, 72nd Leg., ch.
554
, Sec. 1, eff.
9/1/1991
Acts
1985
, 69th Leg., ch.
211
, Sec. 1, eff.
1/1/1986
.
Amended by
Acts
1991
, 72nd Leg., ch.
203
, Sec. 2.08