Tex. Election Code Section 87.041
Accepting Voter


The early voting ballot board shall open each jacket envelope for an early voting ballot voted by mail and determine whether to accept the voter’s ballot.


A ballot may be accepted only if:


the carrier envelope certificate is properly executed;


neither the voter’s signature on the ballot application nor the signature on the carrier envelope certificate is determined to have been executed by a person other than the voter, unless signed by a witness;


the voter’s ballot application states a legal ground for early voting by mail;


the voter is registered to vote, if registration is required by law;


the address to which the ballot was mailed to the voter, as indicated by the application, was outside the voter’s county of residence, if the ground for early voting is absence from the county of residence;


for a voter to whom a statement of residence form was required to be sent under Section 86.002 (Additional Balloting Materials)(a), the statement of residence is returned in the carrier envelope and indicates that the voter satisfies the residence requirements prescribed by Section 63.0011 (Statement of Residence Required);


the address to which the ballot was mailed to the voter is an address that is otherwise required by Sections 84.002 (Contents of Application) and 86.003 (Method of Providing Ballot to Voter: Required Address); and


the information required under Section 86.002 (Additional Balloting Materials)(g) provided by the voter identifies the same voter identified on the voter’s application for voter registration under Section 13.002 (Application Required)(c)(8).


If a ballot is accepted, the board shall enter the voter’s name on the poll list unless the form of the list makes it impracticable to do so. The names of the voters casting ballots by mail shall be listed separately on the poll list from those casting ballots by personal appearance.


A ballot shall be rejected if any requirement prescribed by Subsection (b) is not satisfied. In that case, the board shall indicate the rejection by entering “rejected” on the carrier envelope and on the corresponding jacket envelope.


If a voter provides the information required under Section 86.002 (Additional Balloting Materials)(g) and it identifies the same voter identified on the voter’s application for voter registration under Section 13.002 (Application Required)(c)(8), the signature on the ballot application and on the carrier envelope certificate shall be rebuttably presumed to be the signatures of the voter. The board shall compare signatures in making a determination under Subsection (b)(2) regardless of whether the presumption provided by this subsection exists.


In making the determination under Subsection (b)(2), to determine whether the signatures are those of the voter, the board may also compare the signatures with any known signature of the voter on file with the county clerk or voter registrar.


In making the determination under Subsection (b)(2) for a ballot cast under Chapter 101 (Voting by Resident Federal Postcard Applicant) or 105 (Voting by Military Personnel or Other Persons Overseas), the board shall compare the signature on the carrier envelope or signature cover sheet with the signature of the voter on the federal postcard application.


A person commits an offense if the person intentionally accepts a ballot for voting or causes a ballot to be accepted for voting that the person knows does not meet the requirements of Subsection (b). An offense under this subsection is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 34, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 203, Sec. 1.25; Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 797, Sec. 42, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1381, Sec. 22, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, Sec. 27, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.19, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 11, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 681 (H.B. 2233), Sec. 1, eff. June 14, 2013.
Acts 2017, 85th Leg., 1st C.S., Ch. 1 (S.B. 5), Sec. 15, eff. December 1, 2017.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 5.13, eff. December 2, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 9, eff. September 1, 2023.

Source: Section 87.041 — Accepting Voter, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­87.­htm#87.­041 (accessed Jun. 5, 2024).

Board Created
Composition of Board
Eligibility for Board Membership
Board Composed of Precinct Election Officers
Compensation of Members
Early Voting Ballot Board Members: Oath and Identification
Ballots and Other Materials Delivered to Board
Time of Delivery: General Rule
Time of Delivery: Automatically Counted Ballots
Time of Delivery: Voting Machine Election
Delivering Second Ballot Box Key to Board
Bystanders Excluded
Signature Verification Committee
Access to Information
Accepting Voter
Disposition of Accepted Ballot
Disposition of Rejected Ballot
Disposition of Application
Authority Responsible for Counting Ballots
Counting Ballots and Preparing Returns
Disposition of Ballots and Other Items
Delivery of Ballots to Counting Station
Duplicating Paper Ballots for Automatic Counting
Counting Ballots and Preparing Returns
Disposition of Early Voting Ballot Board Returns and Other Records
Early Voting Rosters
Precinct Early Voting List
Delivering Other Records and Supplies
Preservation of Early Voting Election Records Generally
Counting of Certain Late Ballots Voted by Mail
Electronic Recording of Ballot Materials and Applications
Resolution of Incorrect Determination by Early Voting Ballot Board
Electronic Delivery of Materials Recorded Electronically
Time of Delivery: Paper Ballots
Time of Delivery: Ballots Voted by Mail
Time of Delivery: Ballots Sent out by Regular Mail and E-mail
Processing Ballots Before Polls Open
Opportunity to Correct Defect: Signature Verification Committee
Opportunity to Correct Defect: Early Voting Ballot Board
Notice of Rejected Ballot
Disposition of Ballot Transmittal Form
Early Voting Votes Reported by Precinct

Jun. 5, 2024

§ 87.041’s source at texas​.gov