Tex. Codes » Election Code · TITLE 7. EARLY VOTING · SUBTITLE A. EARLY VOTING · CHAPTER 86. CONDUCT OF VOTING BY MAIL
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Tex. Elec. Code § 86.004 (2026)

Time For Providing Ballot To Voter

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Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER. (a) Except as provided by Subsection (b), the balloting materials for voting by mail shall be mailed to a voter entitled to vote by mail not later than the seventh calendar day after the later of the date the clerk accepts the voter's application for a ballot to be voted by mail or the date the ballots become available for mailing, except that if that mailing date is earlier than the 37th day before election day, the balloting materials shall be mailed not later than the 30th day before election day.

(b) For an election to which Section 101.104 applies, the balloting materials for a voter who indicates on the application for a ballot to be voted by mail or the federal postcard application that the voter is eligible to vote early by mail as a consequence of the voter's being outside the United States shall be mailed on or before the later of the 45th day before election day or the seventh calendar day after the date the clerk receives the application. However, if it is not possible to mail the ballots by the deadline of the 45th day before election day, the clerk shall notify the secretary of state within 24 hours of knowing that the deadline will not be met. The secretary of state shall monitor the situation and advise the clerk, who shall mail the ballots as soon as possible in accordance with the secretary of state's guidelines.

(c) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 18, eff. December 1, 2017.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.12; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 393, Sec. 12, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 1, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 8, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 980 (H.B. 658), Sec. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 9, eff. December 1, 2017.

Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 18, eff. December 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 712 (H.B. 273), Sec. 1, eff. September 1, 2019.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1992–2022 · leading case: Salazar v. Gonzales, 931 S.W.2d 59 (Tex. App.—Corpus Christi 1996).
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Salazar v. Gonzales, 931 S.W.2d 59 (Tex. App.—Corpus Christi 1996). · cites it 2× “Tex. Elec.Code Ann. § 86.004 (Vernon Supp.”
Sepulveda v. Medrano, 323 S.W.3d 620 (Tex. App.—Dallas 2010). · cites it 2× “Tex. Elec.Code Ann. § 86.004 (West 2010).”
in Re James A. Baker, 404 S.W.3d 575 (Tex. App.—Houston [1st Dist.] 2010). “See Tex. Elec.Code Ann. § 86.004 (Vernon Supp.”
in Re Staci Williams, No. 05-18-00068-CV (Tex. App.—Dallas Jan. 24, 2018). “TEX. ELEC. CODE ANN. § 86.004 (West 2010).”
in Re Raquel C. Jones, No. 05-18-00065-CV (Tex. App.—Dallas Jan. 24, 2018). “TEX. ELEC. CODE ANN. § 86.004 (West 2010).”
in Re Anthony Eiland, No. 05-18-00067-CV (Tex. App.—Dallas Jan. 24, 2018). “TEX. ELEC. CODE ANN. § 86.004 (West 2010).”
Homer Maldonado v. Salvador Johnson Sr., No. 04-18-00599-CV (Tex. App.—San Antonio Sept. 21, 2018). “See TEX. ELEC. CODE ANN. § 86.004 (West Supp.”
Michael G. "Mike" Lee, Candidate for 101st Dist. Court The Dallas Cnty. Repub. Party Missy Shorey as Dallas Cnty. Repub. Party Chair v. the Dallas Cnty. Democratic Party Carol Donovan, as the Dallas Cnty. Democratic Party Chair, & Staci Williams, Candidate for 101st Dist. Court, No. 05-18-00715-CV (Sept. 20, 2018). “—Dallas 1980, no writ) (election contest moot because absentee balloting began during pendency of the appeal); TEX. ELEC. CODE § 86.004. We ordered appellants’ briefs filed on or before August 31, 2018, appellees’ briefs filed on or before September 10, 2018, and appellants’…”
in Re: Barney Donalson, Jr., No. 12-20-00197-CV (Tex. App.—Tyler Sept. 9, 2020). “See TEX. ELEC. CODE ANN. § 86.004(b) (West 2020).”
in Re Nona Reed, No. 02-22-00113-CV (Tex. App.—Fort Worth May 4, 2022). “Tex. Elec. Code Ann. § 86.004 (b). And the law disfavors judicial interference with an election that is already in progress.”
in Re Trenton Daniel Garza, Relator, No. 07-14-00347-CV (Tex. App.—Amarillo Nov. 7, 2014). “11 TEX. ELEC. CODE ANN. § 86.004 (West Supp.”
in Re: Kenneth Bowen, Ryan Carney, Diana J. Braselton, James Andereson, Dennis A. Bailey, Judy Breedlove, Rodney D. Kenas, James D. Summers, No. 01-02-00369-CV (Tex. App.—Houston [1st Dist.] Apr. 29, 2002). “Tex. Elec. Code Ann. § 86.004 (Vernon Supp.”
Show all 16 citing cases →
Tex. Elec. Code § 86.004(b): 2 cases
in Re: Barney Donalson, Jr., No. 12-20-00197-CV (Tex. App.—Tyler Sept. 9, 2020). “See TEX. ELEC. CODE ANN. § 86.004(b) (West 2020).”
in Re Marisa Cristina Balderas, No. 04-14-00026-CV (Tex. App.—San Antonio Jan. 16, 2014).
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