Texas Codes

Tex. Elec. Code § 86.005 (2026)

Marking And Sealing Ballot

✓ current as of May 2026
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Sec. 86.005. MARKING AND SEALING BALLOT. (a) A voter must mark a ballot voted by mail in accordance with the instructions on the ballot envelope.

(b) A voter may mark the ballot at any time after receiving it.

(c) After marking the ballot, the voter must place it in the official ballot envelope and then seal the ballot envelope, place the ballot envelope in the official carrier envelope and then seal the carrier envelope, and sign the certificate on the carrier envelope using ink on paper. An electronic signature or photocopied signature is not permitted.

(d) Failure to use the official ballot envelope does not affect the validity of the ballot.

(e) After the carrier envelope is sealed by the voter, it may not be opened except as provided by Chapter 87.

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. 1315, Sec. 44, eff. Jan. 1, 2004.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 683 (H.B. 1299), Sec. 1, eff. September 1, 2023.

Notes of Decisions
Cited in 7 cases, 1995–2018 · leading case: Jones v. Morales, 318 S.W.3d 419 (Tex. App. 2010).
Jones v. Morales, 318 S.W.3d 419 (Tex. App. 2010). · cites it 3× “See Tex. Elec.Code Ann. § 86.005, 86.010(b), 86.”
Tiller v. Martinez, 974 S.W.2d 769 (Tex. App. 1998). “See Tex. Elec.Code Ann. §§ 86.005, 86.010(b), 86.”
Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995). “Specifically, according to South Carolina law, "no ballot shall be counted unless the oath is properly signed and enclosed therewith"); Tex.Elec.Code Ann. §§ 86.005, 87.041 (1986 & Supp.”
Tarris Woods v. Rusty Legg, 363 S.W.3d 710 (Tex. App. 2011). “See Tex. Elec.Code Ann. §§ 86.005(e), 87.021, 87.”
Dale Roush, Individually & as Tr. of the Dale Roush Assets Trust v. Metro. Life Ins. Co. & Joel Hart (Tex. Crim. App. 2018). · cites it 3× “Tex. Elec. Code Ann. § 86.005 (c) (2010).”
Lupe Rivera v. Leticia \Letty\" Lopez" (Tex. App. 2015). “); TEX. ELEC. CODE ANN. § 86.005(c) (West, Westlaw through 2013 3d C.”
— Tex. Elec. Code § 86.005(c) — 2 cases
Jones v. Morales, 318 S.W.3d 419 (Tex. App. 2010). “See Tex. Elec.Code Ann. § 86.005, 86.010(b), 86.”
Lupe Rivera v. Leticia \Letty\" Lopez" (Tex. App. 2015). “); TEX. ELEC. CODE ANN. § 86.005(c) (West, Westlaw through 2013 3d C.”
— Tex. Elec. Code § 86.005(e) — 1 case
Tarris Woods v. Rusty Legg, 363 S.W.3d 710 (Tex. App. 2011). “See Tex. Elec.Code Ann. §§ 86.005(e), 87.021, 87.”
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