Texas Codes

Tex. Elec. Code § 82.001 (2026)

Absence From County Of Residence

✓ current as of May 2026

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

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1998–2025 · leading case: Phyllis Griffin v. Elaine Roupas, 385 F.3d 1128 (7th Cir. 2004).

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Phyllis Griffin v. Elaine Roupas, 385 F.3d 1128 (7th Cir. 2004). “Law § 8-400 ; Tex. Election Code Ann. § 82.001 (a). The plaintiffs say this is not good enough; that the Constitution requires Illinois to go farther.”

Indiana Democratic Party v. Rokita, 458 F. Supp. 2d 775 (S.D. Ind. 2006). “Law § 8-400 ; Tex. Election Code Ann. § 82.001 (a)). Id.”

Tiller v. Martinez, 974 S.W.2d 769 (Tex. App. 1998). “Eligibility to Vote by Mail Tiller next challenges several ballots 5 on the basis that Martinez failed to show that the voters were qualified to vote by mail under Tex. Elec.Code Ann. § 82.001 because of a disability.”

State v. Chris Hollins, in His Off. Capacity as Harris Cnty. Clerk (Tex. 2020). “The State 1 TEX. ELEC. CODE §§ 82.001–.004, 82.007. Every reference to a statutory section in this opinion is to the Election Code unless otherwise noted.”

Greg Abbott, in His Off. Capacity as the Governor of Texas & Ruth Hughs, in Her Off. Capacity as Texas Sec'y of State v. the Anti-Defamation League Austin, Sw., & Texoma Regions Common Cause Texas & Robert Knetsch (Tex. App. 2020). “See Tex. Elec. Code §§ 82.001–.004. The State Officials focus on the timing of the trial court’s temporary injunction “after voting has started.”

Greg Abbott, in His Off. Capacity as Governor of Texas & Ruth Hughs, in Her Off. Capacity as Texas Sec'y of State v. the Anti-Defamation League Austin, Sw., & Texoma Regions Common Cause Texas & Robert Knetsch (Tex. 2020). “”) (citing TEX. ELEC. CODE §§ 82.001–.007 and TEX. CODE CRIM.”

In RE STATE OF TEXAS v. the State of Texas (Tex. 2020). “6 TEX. ELEC. CODE §§ 82.001, .002, .003, .004, .”

Casper v. West (E.D. Tex. 2025). “TEX. ELEC. CODE §§ 82.001– .004. In short, Chapter 82 allows mail-in voting for any voter who is at least sixty-five but requires younger voters to satisfy certain conditions to qualify to vote by mail.”

Griffin, Phyllis v. Roupas, Elaine (7th Cir. 2004). “But the states that have more liberal provisions for absentee voting may well have different political cultures from Illinois, cultures less hospitable to electoral fraud.”

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