Texas Codes

Tex. Elec. Code § 85.001 (2026)

Early Voting Period

✓ current as of May 2026

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Sec. 85.001. EARLY VOTING PERIOD.

Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 15, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.

(a) The period for early voting by personal appearance begins on the 17th day before election day and continues through the fourth day before election day, except as otherwise provided by this section.

Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 15, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.

(a) The period for early voting by personal appearance begins on the 12th day before election day, continues through the day before election day, and includes Saturdays, Sundays, and holidays, except as otherwise provided by this section.

(b) For a special runoff election for the office of state senator or state representative or for a runoff primary election, the period begins on the 10th day before election day.

(c) If the date prescribed by Subsection (a) or (b) for beginning the period is a Saturday, Sunday, or legal state holiday, the early voting period begins on the next regular business day.

(d) If because of the date for which an election is ordered it is not possible to begin early voting by personal appearance on the prescribed date, the early voting period shall begin on the earliest date practicable after the prescribed date as set by the authority ordering the election.

(e) For an election held on the uniform election date in May and any resulting runoff election, the period for early voting by personal appearance begins on the 12th day before election day and continues through the fourth day before election day.

(e) For an election held on the uniform election date in May and any resulting runoff election, the period for early voting by personal appearance begins on the ninth day before election day, continues through the day before election day, and includes Saturdays, Sundays, and holidays.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.09; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 115, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, Sec. 22, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 8, eff. October 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 8, eff. September 1, 2009.

Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 15, eff. September 1, 2025.

Notes of Decisions

Cited in 12 cases, 1992–2020 · leading case: Marc Veasey v. Greg Abbott, 830 F.3d 216 (5th Cir. 2016).

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Marc Veasey v. Greg Abbott, 830 F.3d 216 (5th Cir. 2016). · cites it 2× “These provisions include: an approximately two week early voting period with no restrictions, TEX. ELEC. CODE § 85.001(a), wide availability of voter registration applications, see Request for Voter Registration Applications, TEX.”

In Re Newton, 146 S.W.3d 648 (Tex. 2004). · cites it 2× “NOTES [1] See TEX. ELEC.CODE § 85.001. [2] See TEX. ELEC.”

In Re Sanchez, 81 S.W.3d 794 (Tex. 2002). · cites it 2× “See Tex. Elec. Code § 85.001. Because write-in candidates are allowed an additional five days after the filing deadline to submit their applications, the Secretary of State argues that, depending on the deadline the homerule city adopts, it might become impossible for the…”

In Re Cercone, 323 S.W.3d 293 (Tex. App. 2010). “See Tex. Elec.Code Ann. § 85.001. Prior to that date, on January 17, 2010, Cercone wrote Ewing, challenging the number of valid signatures on Kazmi’s petition.”

LaRouche v. Hannah, 822 S.W.2d 632 (Tex. 1992). “Early voting in the March 10 primary election begins on February 19, 1992, see Tex.Elec.Code § 85.001(a); and by Slagle’s own account, printing of the ballots has already begun.”

Lamone v. Capozzi, 912 A.2d 674 (Md. 2006). “Texas Election Code § 85.001 provides: *79 "85.”

Bird v. Rothstein, 930 S.W.2d 586 (Tex. 1996). · cites it 2× “TEX. ELEC.CODE § 85.001(a). Given the important interests at stake here, we decline to hold that laches or any similar doctrine bars Bird's right to relief under these circumstances.”

Voting Integrity Proj., Inc. v. Bomer, 61 F. Supp. 2d 600 (S.D. Tex. 1999). · cites it 3× “Tex.Elec.Code Ann. § 85.001(a): “The period for early voting by personal appearance begins on the 17th day before election day and continues through the fourth day before election day, except as otherwise provided by this section.”

in Re Steven Hotze, M.D., Harris Cnty. Repub. Party, Hon. Keith Nielsen, Wendell Champion, Sharon Hemphill, & Al Hartman (Tex. 2020). · cites it 2× “3 The proclamation also allows the County Clerk to extend early voting to October 13, 2020, in suspension of Texas Election Code section 85.001(a). The Governor of the State of Tex.”

in Re Steven Hotze, M.D., Hon. Allen West, Repub. Party Of Texas, Hon. Sid Miller, Hon. Mark Henry, Hon. Charles Perry, Hon. Pat Fallon, Hon. Bill Zedler, Hon. Cecil Bell, Jr., Hon. Steve Toth, Hon. Dan Flynn, Hon. Matt Rinaldi, Hon. Rick Green, Hon. Molly White, Harris Cnty. Repub. party/hon. Keith Nielsen, Hon. Bryan Slaton, Hon. Robin Armstrong, M.D., Jim Graham, Hon. Cathie Adams, Hon. Joann Fleming, Julie McCarty, Sharon Hemphill, & Al Hartman (Tex. 2020). “On July 27, 2020, Governor Abbott issued a proclamation suspending Texas Election Code sections 85.001(a) and 86.”

in Re Steven Hotze, M.D., Hon. Allen West, Repub. Party Of Texas, Hon. Sid Miller, Hon. Mark Henry, Hon. Charles Perry, Hon. Pat Fallon, Hon. Bill Zedler, Hon. Cecil Bell, Jr., Hon. Steve Toth, Hon. Dan Flynn, Hon. Matt Rinaldi, Hon. Rick Green, Hon. Molly White, Harris Cnty. Repub. party/hon. Keith Nielsen, Hon. Bryan Slaton, Hon. Robin Armstrong, M.D., Jim Graham, Hon. Cathie Adams, Hon. Joann Fleming, Julie McCarty, Sharon Hemphill, & Al Hartman (Tex. 2020). “5 TEX. ELEC. CODE § 85.001(a). 6 Id. § 86.006(a-1).”

in Re: Kenneth Bowen, Ryan Carney, Diana J. Braselton, James Andereson, Dennis A. Bailey, Judy Breedlove, Rodney D. Kenas, James D. Summers (Tex. App. 2002). “See Tex. Elec. Code Ann. § 85.001 (Vernon Supp.”

— Tex. Elec. Code § 85.001(a) — 7 cases

Marc Veasey v. Greg Abbott, 830 F.3d 216 (5th Cir. 2016). “These provisions include: an approximately two week early voting period with no restrictions, TEX. ELEC. CODE § 85.001(a), wide availability of voter registration applications, see Request for Voter Registration Applications, TEX.”

Bird v. Rothstein, 930 S.W.2d 586 (Tex. 1996). “TEX. ELEC.CODE § 85.001(a). Given the important interests at stake here, we decline to hold that laches or any similar doctrine bars Bird's right to relief under these circumstances.”

Voting Integrity Proj., Inc. v. Bomer, 61 F. Supp. 2d 600 (S.D. Tex. 1999). “Tex.Elec.Code Ann. § 85.001(a): “The period for early voting by personal appearance begins on the 17th day before election day and continues through the fourth day before election day, except as otherwise provided by this section.”

in Re Steven Hotze, M.D., Harris Cnty. Repub. Party, Hon. Keith Nielsen, Wendell Champion, Sharon Hemphill, & Al Hartman (Tex. 2020). “3 The proclamation also allows the County Clerk to extend early voting to October 13, 2020, in suspension of Texas Election Code section 85.001(a). The Governor of the State of Tex.”

— Tex. Elec. Code § 85.001(c) — 1 case

— Tex. Elec. Code § 85.001(d) — 1 case

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