Texas Codes

Tex. Elec. Code § 84.0041 (2026)

Fraudulent Use Of Application For Ballot By Mail

✓ current as of May 2026

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Sec. 84.0041. FRAUDULENT USE OF APPLICATION FOR BALLOT BY MAIL. (a) A person commits an offense if the person:

(1) knowingly provides false information on an application for ballot by mail;

(2) intentionally causes false information to be provided on an application for ballot by mail;

(3) knowingly submits an application for ballot by mail without the knowledge and authorization of the voter; or

(4) knowingly and without the voter's authorization alters information provided by the voter on an application for ballot by mail.

(b) An offense under this section is a state jail felony.

(c) An offense under Subsection (a)(4) does not apply to an early voting clerk or deputy early voting clerk who receives and marks an application for administrative purposes only.

(d) An offense under this section is increased to the next higher category of offense if it is shown on the trial of an offense under this section that:

(1) the defendant was previously convicted of an offense under this code;

(2) the offense involved a voter 65 years of age or older; or

(3) the defendant committed another offense under this section in the same election.

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

Amended by:

Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 4, eff. December 1, 2017.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2020–2026 · leading case: State v. Chris Hollins, in His Off. Capacity as Harris Cnty. Clerk (Tex. App. 2020).

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State v. Chris Hollins, in His Off. Capacity as Harris Cnty. Clerk (Tex. App. 2020). · cites it 2× “See Tex. Elec. Code Ann. § 84.0041 . The State did not take issue with Hollins sending the applications to voters aged 65 years or older because, it argued, there is no chance of confusion with these voters as their age alone (with no other personal determination by the voter)…”

State v. Erika Lozano-Pelayo (Tex. App. 2020). “013, as well as amending the prior offense of “Providing False Information on Application” to “Fraudulent Use of Application for Ballot by Mail,” codified as Texas Election Code section 84.0041. Act of Aug.”

Zul Mohamed v. the State of Texas (2026). “2 TEX. ELEC. CODE § 84.0041(a), (d)(3). This offense is a third-degree felony.”

— Tex. Elec. Code § 84.0041(a) — 1 case

Zul Mohamed v. the State of Texas (2026). “2 TEX. ELEC. CODE § 84.0041(a), (d)(3). This offense is a third-degree felony.”

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