Tex. Elec. Code § 86.002 · Chapter 86. CONDUCT OF VOTING BY MAIL
ADDITIONAL BALLOTING MATERIALS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The early voting clerk shall provide an official ballot envelope and carrier envelope with each ballot provided to a voter. If the voter's name appears on the list of registered voters with the notation "S", or a similar notation, or the residence address on the voter's early voting ballot application is not the same as the voter's residence address on the list of registered voters, the clerk shall provide a form for a statement of residence to the voter.
(b) Before providing the balloting materials to the voter, the clerk shall enter on the carrier envelope the identity and date of the election.
(c) The clerk shall enter on a carrier envelope the voter's name in printed form, a notation that a statement of residence is enclosed, if applicable, and any other information the clerk determines necessary for proper processing of the ballot.
(d) The secretary of state shall prescribe instructions to be printed on the balloting materials for the execution and return of a statement of residence. The instructions must include an explanation of the circumstances under which the ballot must be rejected with respect to the statement.
(e) If the clerk determines that the carrier envelope and other balloting materials will weigh more than one ounce when returned by mail to the clerk, the clerk shall include with the balloting materials a notice of the amount of first class postage that will be required for the return by mail of the carrier envelope and enclosed materials.
(f) The clerk shall include with the balloting materials:
(1) a notice of the clerk's physical address for purposes of return by common or contract carrier or personal delivery in accordance with Section 86.006(a-1); and
(2) the list of declared write-in candidates for the election, if applicable.
(g) The carrier envelope must include a space that is hidden from view when the envelope is sealed for the voter to enter the following information:
(1) the number of the voter's driver's license, election identification certificate, or personal identification card issued by the Department of Public Safety;
(2) if the voter has not been issued a number described by Subdivision (1), the last four digits of the voter's social security number; or
(3) a statement by the applicant that the applicant has not been issued a number described by Subdivision (1) or (2).
(h) A person may use the number of a driver's license, election identification certificate, or personal identification card that has expired for purposes of Subsection (g) if the license or identification is otherwise valid.
(i) No record associating an individual voter with a ballot may be created.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 54, Sec. 8(b), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 472, Sec. 27, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 916, Sec. 25, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 797, Sec. 41, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 620, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1315, Sec. 43, eff. Jan. 1, 2004.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 59, eff. September 1, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.08, eff. December 2, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/EL/htm/EL.86.htm
- Text hash
- sha256 d3218beb3b3952b06dfee606dd3e4bf02475112041e24f7fe5095fe473aa56e7
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Elec. Code § 86.002. Each shows the citation as that text prints it.
Election Code
- Tex. Elec. Code § 86.003METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED ADDRESS.Printed as Section 86.002(a)
- Tex. Elec. Code § 86.015ELECTRONIC TRACKING OF APPLICATION FOR BALLOT VOTED BY MAIL OR BALLOT VOTED BY MAIL.Printed as Section 86.002(g)
- Tex. Elec. Code § 87.0271OPPORTUNITY TO CORRECT DEFECT: SIGNATURE VERIFICATION COMMITTEE.Printed as Section 86.002
- Tex. Elec. Code § 87.041ACCEPTING VOTER.Printed as Section 86.002(a) | Section 86.002(g)
- Tex. Elec. Code § 87.0411OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING BALLOT BOARD.Printed as Section 86.002
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.