ELECTIONS and VOTING

Under Title 15 of the Texas Election Code, candidates running for an office must file campaign contribution and expenditure reports. For further information and all questions about such disclosure filings, campaign finance, and political advertising, please contact the Texas Ethics Commission at 201 E. 14th Street, 10th Floor, Austin, Texas 78701; call 512-463-5800; or access their website. 

Unless otherwise indicated, all references are to the Texas Election Code. The county election officer is the county clerk, the county elections administrator, or the county tax assessor- collector, depending on the actions of the county commissioners court. (Secs. 31.031, 31.071, 31.091). The county voter registrar is the county clerk, the county elections administrator, or the county tax assessor-collector, depending on the actions of the county commissioners court. (Secs. 12.001, 12.031, 31.031, 31.071).

Any references to the Texas Administrative Code are cited to the relevant section of the “T.A.C.”

Please see our Web Posting Advisory, Tex. Sec’y of State Election Advisory No. 2019-19, for more details on web posting requirements; however, the requirements are summarized below.

As of January 1, 2020, each county shall maintain a website. (Sec. 26.16(a), Tax Code).

A political subdivision with the authority to impose a tax that maintained a publicly accessible website at any time on or after January 1, 2019, and that is not subject to Section 2051.202 of the Government Code must post the following items on the entity’s Internet website (Secs. 2051.201, 2051.202, Government Code). See Internet Posting Requirements for Political Subdivisions (PDF):

1. The political subdivision’s contact information, including a mailing address, telephone number, and e-mail address;

2. Each elected officer of the political subdivision;

3. The date and location of the next election for officers of the political subdivision;

4. The requirements and deadline for filing for candidacy of each elected office of the political subdivision, which shall be continuously posted for at least one year before the election day for the office;

5. Each notice of a meeting of the political subdivision’s governing body under Subchapter

6. C, Chapter 551 of the Government Code; and Each record of a meeting of the political subdivision’s governing body under Section 551.021 of the Government Code. (Sec. 2051.201, Government Code).

Our office recommends consulting with your political subdivision’s local counsel regarding the particular posting requirements under Subdivisions (5) and (6) referenced above. Please note, the requirements for posting notice of meetings and record of meetings of the political subdivision’s governing body do not apply to:

1. A county with a population of less than 10,000;

2. A municipality with a population of less than 5,000 located in a county with a population of less than 25,000; or

3. A school district with a population of less than 5,000 in the district's boundaries and located in a county with a population of less than 25,000.

NOTE - Section 2051.202 of the Government Code requires a special purpose district with certain financial and population characteristics to post specific information on an Internet website. “Special purpose district" excludes from the term a municipality, county, junior college district, independent school district, groundwater conservation district, river authority, or political subdivision with statewide jurisdiction. (Sec. 2051.202, Government Code).

NOTE - An election officer must post, in an accessible manner on the county clerk’s/election administrator’s internet website, all procedures and accommodations available for voters with disabilities. (Sec. 63.0015). See Tex. Sec’y of State Election Advisory No. 2023-14.

During the 21 days before the election, a debt obligation order under Section 3.009 must be posted on the political subdivision’s Internet website, prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website. (Sec. 4.003(f)).

NOTE - Per Section 4.009 of the Code, not later than the 21st day before election day, a county that holds an election or provides election services for an election must post certain information related to their upcoming elections. A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the county is also posting this data.

• The date of the election;

• The location of each polling place;

• Each candidate for an elected office on the ballot; and

• Each measure on the ballot. (Sec. 4.009).

NOTE - Section 65.016 of the Code requires a county that holds an election or provides election services for an election for a public entity must post certain information on their website. A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results, even if the county is also posting such information. Information should be posted as soon as practicable after the election and must be accessible without having to make more than two selections or view more than two network locations after accessing the home page of the county, city or school district, whichever is applicable. Required information on the websites must include:

• the results of each election;

• the total number of votes cast;

• the total number of votes cast for each candidate or for or against each measure;

• the total number of votes cast by personal appearance on election day;

• the total number of votes cast by personal appearance or mail during the early voting period; and

• the total number of counted and uncounted provisional ballots cast. (Sec. 65.016).

We recommend that election results information remain posted on the entity’s main page (or within two clicks of the main page) at least until the next election, and that the information continues to be available for the full 22-month retention period for election records. Entities may choose to make older election results information available on their website.

NOTE - Notice of a meeting of the county election board must be posted not later than 48 hours before each meeting of the county election board. The county clerk/elections administrator shall post notice of the meeting on the county’s website, if the county maintains a website. (Sec. 51.002).

With few exceptions, counties are not authorized to hold an election ordered by county authority on the May uniform election date in an even-numbered year. A county elections administrator may refuse to provide election services by contract for an election that is held on the May uniform election date in an even-numbered year. (Sec. 41.001(d)). Thus, for May 3, 2025 (odd-numbered year), we return to the general rules: counties are authorized to hold an election ordered by county authority in May 2025; and a county elections administrator may not refuse to provide election services by contract in May 2025. 

Political Subdivisions other than Counties: Political subdivisions are not required to use county election precincts and polling places for elections held on the May uniform date. The governing body of a political subdivision other than a county shall establish the election precincts for elections ordered by an authority of the political subdivision and follow the requirements of Sections 42.061 and 42.0615. 

The authority with whom an application for a place on the ballot is filed must post a Notice of Deadline to File an Application for Place on the Ballot (PDF), listing the filing period dates in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040). If you order a special election to fill a vacancy, the order must include the filing deadline; we recommend posting the notice of the filing period as soon as practicable after a special election is ordered. Note that an application for a place on the ballot for a special election may not be filed before the election is ordered.

NOTE - The authority with whom an application for a place on the ballot is filed MUST designate an e-mail address in the notice required by Section 141.040 of the Code for the purpose of filing an application for a place on the ballot. (Sec. 141.040).

Most elective offices require that a candidate be a registered voter of the territory that the office is elected from as of the filing deadline or as of other statutory deadlines. (Sec. 141.001). For more information on the candidate voter registration requirement, see Voter Registration Requirements for Candidates.

For more information on local political subdivision elections, please see our Candidate’s Guide for Local Political Subdivisions.

School districts conducting trustee elections must have joint polling places on election day with either:

1. a city holding an election on the uniform election day (located wholly or partly within the school district’s boundaries);

2. a public junior college district if it is having an election for members of its governing board in which the school district is wholly or partly located;

3. in limited circumstances, a hospital district; or

4. the county on the November uniform election day in even-numbered years.

For purposes of this calendar, we will continue to use separate subheadings for cities and school districts when their rules are different. However, many entities will be engaging in joint election agreements. (Sec. 11.0581, Texas Education Code; Sec. 271.002).

NOTE – At minimum, a school district needs to share polling places with a city or public junior college district conducting an election on the uniform election day. Sharing polling places is sufficient to meet the joint election requirement.

Many entities will have joint elections for the May 3, 2025 election. Note that the entries in this calendar are generally written in terms of elections held individually rather than jointly.

Depending on the plan, different entities may choose not to hold early voting together and to do things separately. Not all joint election plans are alike. With a few exceptions, we do not discuss the impact of coordinating rules for a joint election, as we think this would make the calendar longer and confusing. We encourage joint election partners to read through the entire calendar, taking note of the rules affecting the partner entities, and to address the differences within the agreement itself. If you have questions about how different rules apply to a particular joint election plan, please contact our office by phone or email.

Political subdivisions other than cities and school districts may have specific statutory notice requirements. In the absence of specific statutory requirements, such political subdivisions must post a notice on or before the 21st day before the election. (Sec. 4.003(b)). For the Saturday, May 3, 2025 election, this notice must be posted on or before Saturday, April 12, 2025. (Secs. 1.006, 4.003(b)). The general rule is that, additionally, notice must be given using one of the following methods:

1. By posting a notice in each election precinct in which the election is to be held on or before the 21st day before the election, Saturday, April 12, 2025. (Sec. 4.003(a)(2)).

2. By publishing the notice at least once between the 30th day and the 10th day before the election, Thursday, April 3, 2025–Wednesday, April 23, 2025. (Sec. 4.003(a)(1)).

3. By mailing a copy of the notice to each registered voter of the territory covered by the election, not later than the 10th day before election day, Wednesday, April 23, 2025. (Sec. 4.003(a)(3)).

Cities and School Districts: Cities and school districts are required to publish their notice in a newspaper in accordance with Section 4.003(a)(1) (See number 2 above) and may also give any additional notice. (Sec. 4.003(c)).

Home-Rule Charter Cities: Home-rule cities MUST also give notice as provided in their charters.

Notice for Political Subdivisions other than Counties, School Districts, and Cities: Political subdivisions other than counties, school districts, and cities may have specific statutory election notice requirements either in their enabling acts or in the code governing them (such as the Water Code). In the absence of specific statutory requirements, such political subdivisions may post a copy of the notice on or before the 21st day before the election (i.e., Saturday, April 12, 2025) on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision. (Sec. 4.003(b)).

Note for All Political Subdivisions: The governing body of a political subdivision must deliver notice of the election to the county election officer and voter registrar of each county in which the political subdivision is located not later than the 60th day before election day, Tuesday, March 4, 2025. (Sec. 4.008). The county must post any notice provided to the county by a political subdivision conducting an election in the county to the county’s website no later than the 21st day before election day, Saturday, April 12, 2025. (Sec. 4.003(b)).

Note for Counties: Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008. The county must post any notice provided to the county by a political subdivision conducting an election in the county to the county’s website no later than the 21st day before election day, Saturday, April 12, 2025. (Sec. 4.003(b)). This is regardless of whether the county is contracting with the entity. (Secs. 1.021, 4.004, 85.007). See Note for All Political Subdivisions above.

NOTE - In addition to any other notice given, notice of an election ordered by the governor, by a county authority, or by an authority of a city or school district must be given by the method prescribed by Section 4.003(a)(1) of the Code. (Sec. 4.003(c)).

This notice must include:

1. The type and date of the election;

2. The location of the main early voting polling place, including the street address, room number, and building name. The notice must designate which location is the main early voting polling place;

3. The location of each polling place, including the street address, room number, and building name;

4. The hours the polls will be open;

5. The regular dates and hours for early voting by personal appearance;

6. The dates and hours of any Saturday or Sunday early voting;

7. The early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website;

8. We recommend that the information regarding branch early voting locations be included as part of your notice; and

9. Any other information required by law.

NOTE - Section 4.004 of the Code requires the notice of election to include the Internet website of the authority conducting the election. (Sec. 4.004(a)).

NOTE - Section 85.004 of the Code provides that an election order and election notice must designate which location is the main early voting polling place. (Sec. 85.004).

NOTE – ANY notice of polling locations must include more detailed information regarding the polling locations including: the polling location’s street address, any applicable suite or room number, and any applicable building name. (Sec. 1.021).

NOTE - The notice of a special election must also state each office to be filled or the propositions stating each measure to be voted on. (Sec. 4.004(b)). See Notice of Special Election (Cities, Schools, and Other Political Subdivisions (PDF).

NOTE - Section 83.010 of the Code requires an election order and the election notice to state the early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010).

Note regarding branch early voting locations: The branch early voting locations are no longer a required part of your notice under the Texas Election Code. (Sec. 4.004).

The following forms may be used:

• Notice of General Election for Cities (PDF)

• Notice of General Election for Other Political Subdivisions (Including Schools) (PDF)

• Notice of Special Election for Counties (PDF)

• Notice of Special Election (Cities, Schools, and Other Political Subdivisions) (PDF)

All Political Subdivisions: The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website. For political subdivisions other than counties, the original order and notice should include all days and hours for early voting by personal appearance, including voting on ANY Saturday or Sunday. (Secs. 85.006, 85.007).

Note for Counties: The election notice must be subsequently amended to include voting ordered for ANY Saturday or Sunday and must be posted on the political subdivision’s website, if maintained.

Notice for Bond Elections: Entities holding bond elections must provide additional notice per Section 4.003(f). A debt obligation order under Section 3.009 must be posted:

1. On election day and during early voting by personal appearance, in a prominent location at each polling place;

2. Not later than the 21st day before the election (Saturday, April 12, 2025), in three public places in the boundaries of the political subdivision holding the election; and

3. During the 21 days before the election, on the political subdivision’s Internet website, prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website.

The same requirements apply to the voter information document required by Government Code Section 1251.052(b) (see law for full contents of notice). The requirement referenced in Section 1251.052(b) of the Government Code applies to a political subdivision with at least 250 registered voters on the date the governing body of the political subdivision adopts the debt obligation election order.

Notice of Nearest Polling Places in Countywide Election: EACH countywide polling place must post a notice, at that location, of the four nearest locations, by driving distance. (Sec. 43.007(o)). Notice of Four Nearest Countywide Polling Place Locations (PDF)

Political Subdivisions: For all elections in which the county is NOT the early voting clerk, early voting must be conducted at the main early voting location on each weekday that is not a legal state holiday for a period of at least nine (9) hours unless the territory has fewer than 1,000 registered voters. For territories with less than 1,000 registered voters, voting shall be conducted for at least four (4) hours each day. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(b)).

Note for Cities: Section 85.005(d) no longer requires cities to choose two weekdays for the main early voting polling place location to be open for at least 12 hours during the regular early voting period. (Sec. 85.005). Tex. Sec’y of State Election Advisory No. 2023-10.

Sunday

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

April 20

21

22

23

24

25

26

San Jacinto Day

(Legal Holiday)

at least 9 hours*

at least 9 hours*

at least 9 hours*

at least 9 hours*

Only if included in order of election

27

28

29

30

May 1

May 2

May 3

Only if included in order of election

at least 9 hours*

at least 9 hours*

Election Day

For more information on early voting changes, please see Tex. Sec’y of State Election Advisory No. 2023-10.

NOTE - Section 85.068 of the Code provides that if the early voting clerk is a county election officer or city secretary, the clerk must post notice (PDF) for each election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Section 85.064(d). (Sec. 85.068).

NOTE - The rules regarding the days and hours of early voting by personal appearance at temporary branch locations are the same for ALL counties, regardless of their population. Section 85.064 requires early voting by personal appearance at each temporary branch polling place to be conducted on the days that early voting is required to be conducted at the main early voting polling place under Section 85.005 and each temporary branch polling place MUST remain open for at least eight (8) hours each day; or for three (3) hours each day if the city or county clerk/elections administrator does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters. For certain political subdivisions, this will require your temporary branch locations to be open on every weekday of the early voting period, for at least eight hours on each of those days. (Sec. 85.064).

Note for Political Subdivisions Other than City or County – If the city or county election officer does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters, the temporary branch polling place(s) must be open for at least three hours each day that voting is required to be conducted at the main early voting polling place under Section 85.005 of the Code. (Secs. 85.005, 85.064).

NOTE - There is no petition process to require weekend early voting at temporary branch locations. However, the authority authorized under Section 85.006 to order early voting on a Saturday or Sunday may also order, in the manner prescribed by that section, early voting to be conducted on a Saturday or Sunday at any one or more of the temporary branch polling places.

NOTE – Section 85.062 of the Code provides that the location of temporary branch polling places in an election in which countywide polling places are used must be determined with the same methodology that is used for the location of countywide polling places.

If a different polling place is being used from the previous election held by the same authority, a Notice of Change to Polling Place (PDF) must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062). 

Ballot Testing:

Once all candidate filing deadlines have passed, we recommend that you proof and test your ballot programming as soon as possible. Early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming. We also strongly suggest that you have candidates proof their names and offices before finalizing the ballot to avoid the necessity for last minute ballot corrections.

Logic and Accuracy Test:

We recommend establishing a date to perform the test of your electronic voting equipment (L&A, or Logic and Accuracy Test) as soon as possible. We recommend that this test be performed on a date that allows time to correct programming and retest, if necessary. A notice (PDF) of this test must be published by the custodian of the electronic voting equipment at least 48 hours before the date of the test. (Sec. 129.023; Tex. Sec’y of State Election Advisory No. 2019-23). The L&A test must be conducted not later than 48 hours before voting begins on a voting system. (Sec. 129.023).

NOTE - If logic and accuracy testing is being conducted for an election in which a county election board has been established under Section 51.002 of the Texas Election Code, the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test. If the county election board chooses to witness the test, each member shall sign the statement required for logic and accuracy testing. (Sec. 129.023(b-2)).

NOTE- The general custodian of election records is required to demonstrate, using a representative sample of voting system equipment, that the source code of the equipment has not been altered. (Sec. 129.023(c-1)). See Tex. Sec’y of State Election Advisory No. 2019-23 and Tex. Sec’y of State Election Advisory No. 2022-30 for more information on hash validation and voting system procedures.

Testing Tabulating Equipment:

The automatic tabulating equipment used for counting ballots at a central counting station must be tested three times for each election. (Ch. 127, Subch. D). We recommend you test the equipment as soon as possible; early testing will allow adequate time to locate any errors and make any necessary corrections in programming. However, the first test must be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in the election. The second test shall be conducted immediately before the counting of ballots with the equipment begins. The third test must be conducted immediately after the counting of ballots with the equipment is completed. Please note that the custodian of the automatic tabulating equipment must publish notice (PDF) of the date, hour, and place of the first test in a newspaper at least 48 hours before the date of the test. (Sec. 127.096). The electronic files created from the L&A testing are what must be used for testing the tabulating equipment. (Tex. Sec’y of State Election Advisory No. 2019-23).

Precinct tabulators must also be tested in accordance with the procedures set forth in Chapter 127, Subchapter D of the Texas Election Code to the extent those procedures can be made applicable. (Sec. 127.152; Tex. Sec’y of State Election Advisory No. 2019-23).

Our recommendation is that both L&A testing and testing of the automatic tabulating equipment take place prior to ballots by mail being sent out. However, should there be a reason to delay testing, please be advised that L&A testing must be conducted at least 48 hours before voting begins on a voting system. This means that L&A testing should be completed before early voting and possibly, before election day, if your election day system is different than your early voting system. Additionally, the automatic tabulating equipment may not be used to count ballots voted in the election until a test is successful. (See Chapters 127 and 129, Election Code).

For more information on testing tabulating equipment used at the central counting station, please see Chapter 127, Subchapter D of the Election Code and Tex. Sec’y of State Election Advisory No. 2019-23. See Chapter 129, Subchapter B of the Election Code and Tex. Sec’y of State Election Advisory No. 2019-23 for other types of testing such as functionality tests, logic and accuracy tests, tests for central accumulators, etc. Please see Tex. Sec’y of State Election Advisory No. 2019-23 for additional information regarding voting system equipment access, security and preservation, and chain of custody.

An election officer shall accept a person with a mobility problem that substantially impairs a person’s ability to ambulate who is offering to vote before accepting others offering to vote at the polling place who arrived before the person. “Mobility problem that substantially impairs a person’s ability to ambulate” has the meaning assigned by Section 681.001, Transportation Code. A person assisting an individual with a mobility problem may also, at the individual's request, be given voting order priority. Notice of Voting Order Priority (PDF) given to persons with a mobility problem that substantially impairs a person’s ability to ambulate shall be posted:

    at each entrance to the polling place where it can be read by persons waiting to vote;

    on the website of the Secretary of State; and

    on each website relating to elections maintained by a county. (Sec. 63.0015).

NOTE - The wording of the voting order priority notice required under Section 63.0015 must read as follows:

“Pursuant to Section 63.0015, Election Code, an election officer shall give voting order priority to individuals with a mobility problem that substantially impairs the person’s ability to move around. A person assisting an individual with a mobility problem may also, at the individual’s request, be given voting order priority. Disabilities and conditions that may qualify you for voting order priority include paralysis, lung disease, the use of portable oxygen, cardiac deficiency, severe limitation in the ability to walk due to arthritic, neurological, or orthopedic condition, wheelchair confinement, arthritis, foot disorder, the inability to walk 200 feet without stopping to rest, or use of a brace, cane, crutch, or other assistive device.”

The recommended time to include the voting order priority notice on a county website is when the Notice of Election is also posted on the website. (Sec. 85.007(d)). See Note 9 regarding Notice of Elections.

NOTE - An election officer must post, in an accessible manner on the county clerk’s/election administrator’s Internet website, all procedures and accommodations available for voters with disabilities. (Sec. 63.0015). See Tex. Sec’y of State Election Advisory No. 2023-14.

NOTE - Section 64.009 of the Code requires that at each polling place an area for parking not smaller than the size of one parking space be reserved for use by a voter who is unable to enter the polling place. The area must be clearly marked indicating the space is reserved and display, in large font that is clearly readable from a vehicle, a telephone number that a voter may call or text to request assistance from an election officer at the polling place. As an alternative to displaying a telephone number, a parking space may comply with the requirements of Section 64.009 by providing the voter with a button or intercom that the voter may use to request assistance from an election officer. Tex. Sec’y of State Election Advisory No. 2023-14; Form 7-43 (PDF) (Curbside Voting Sign – Phone or Text); Form 7-44 (PDF) (Curbside Voting Sign – Button or Intercom).

NOTE - A qualified individual with a disability may request a reasonable accommodation or modification to any election standard, practice, or procedure mandated by law or rule that the individual is entitled to request under federal or state law. (Sec. 1.022).

Cities, Schools, and Other Political Subdivisions: It is strongly recommended that the notice regarding accepting voters with certain disabilities also be posted on the subdivision’s website, if one is maintained by the political subdivision.

If a voter is physically unable to enter the polling place without assistance or likelihood of injury to his or her health, an election officer shall deliver a ballot or voting machine to the voter at the entrance or curb of the polling place on the voter’s request. On the voter’s request, a person accompanying the voter to the polling place must be permitted to select the voter’s ballot and to deposit the ballot in the ballot box after the voter has voted. (Sec. 64.009).

NOTE - A person who simultaneously assists seven or more curbside voters by providing the voters transportation to the polling place must complete and sign a form (PDF), provided by an election officer, that contains the person’s name and address and whether the person is providing assistance solely under Section 64.009 or if the person is providing additional assistance to the voter under Chapter 64, Subchapter B. Completed forms shall be delivered to the Secretary of State as soon as practicable. The Secretary of State shall retain a form delivered under Section 64.009 for the period for preserving the precinct election records and shall make the form available to the attorney general for inspection upon request. This provision does not apply if the person assisting is related to each voter within the second degree by affinity (marriage) or the third degree by consanguinity (blood).

If an ABBM is faxed or emailed or if an FPCA is faxed, then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA.

If the early voting clerk does not receive the original ABBM or FPCA by that deadline, then the emailed or faxed ABBM or faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The early voting clerk should retain a copy of the FPCA for their own records, but should send the FPCA submitted by the voter to the voter registrar for registration purposes. (Sec. 84.007).

If a voter faxes or emails the ABBM or faxes the FPCA, the date the early voting clerk receives the fax or email is considered the date of submission. Essentially, the faxed or emailed form serves as a place-holder for the voter. Therefore, a voter whose application was faxed or emailed by the 11th day before election day (the deadline), and whose original application is received on or before the 4th business day after that date, would still be entitled to receive a ballot for the election (if otherwise eligible). The early voting clerk will have to hold the faxed or emailed ABBM or faxed FPCA until the clerk receives the original, and would only send the voter a ballot if the original is received by the 4th business day after the faxed or emailed ABBM or faxed FPCA was received. See Tex. Sec’y of State Election Advisory No. 2018-02.

The requirement to mail the original application does not apply to an emailed FPCA, but does apply to a faxed FPCA.

NOTE – A person is eligible for an FPCA if the person is qualified to vote in this state or, if not registered to vote in this state, would be qualified if registered and the person is:

    a member of the armed forces of the United States, or the spouse or a dependent of a member;

    a member of the merchant marine of the United States, or the spouse or a dependent of a member;

    a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the president of the United States; or activated on state orders, or the spouse or dependent of a member; or

    A United States citizen that is temporarily living outside of the territorial limits of the United States and the District of Colombia. (Sec. 101.001).

NOTE - An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

NOTE - An applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c) of the Code. This means that voters may personally deliver their ABBM or FPCA to the early voting clerk not later than the close of regular business in the early voting clerk’s office or 12 noon, whichever is later, on the 11th day before election day (unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day). (Sec. 84.008).

For information on the Opportunity to Correct Defect(s) with Application for Ballot by Mail and Carrier Envelope, see Tex. Sec’y of State Election Advisory No. 2023-13.

Early Voting Clerk Actions for a Defective Application for Ballot by Mail:

Not later than the second day after the early voting clerk discovers a defect(s) described by Section 86.008(a), the early voting clerk shall determine if it would be possible for the applicant to correct the defect and return an application form by mail by the 11th day before election day.

If the clerk determines it would be possible to correct the defect and return an application form before the deadline, the early voting clerk must deliver an official application form to the applicant. The early voting clerk must include an application form delivered to the applicant a written notice containing: (1) a brief explanation of each defect in the noncomplying application; (2) a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements; and (3) instructions for submitting the new application.

If the early voting clerk determines that it would not be possible for the applicant to correct the defect and return an application form by mail by the 11th day before election day, the clerk may notify the applicant by telephone or email and provide the applicant a brief explanation of each defect in the application, a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements, and instructions for submitting the corrected application or second application. The early voting clerk must also inform the applicant that the applicant may come to the early voting clerk’s office by the 11th day before election day and correct the defect in person.

In addition, a voter must be provided notice about the ability to correct certain defects on the application using the Secretary of State’s online Ballot by Mail Tracker and, if possible, permit the applicant to correct such defects using the online tracker. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov. (Secs. 86.008(c-1), 86.015).

NOTE - Although Section 86.008 of the Code was amended to allow the early voting clerk to return a defective application to the voter, the Secretary of State recommends against doing so. Ultimately, if the early voting clerk returns a defective application to the voter, it is strongly recommended that the clerk return a copy of the original application to the voter and NOT the original application.

Early Voting Clerk Actions for a Defective Carrier Envelope: Section 86.011(d) of the Code provides a procedure by which a voter can correct certain defects in the carrier envelope containing their voted ballot. If an early voting clerk receives a timely carrier envelope that does not comply with the applicable requirements of the Code, the clerk may deliver the carrier envelope in person or by mail to the voter so that the voter may correct the defect.

Additionally, the early voting clerk may notify the voter of the defect by phone and advise the voter that they may come to the early voting clerk’s office to correct the defect or cancel their ABBM and vote in person. The clerk may utilize this provision for defects such as a missing signature by the voter, a partially completed witness or assistant box (if applicable), missing or incorrect personal identification information, or a ballot that is not returned in a carrier envelope.

If an early voting clerk chooses to notify voters of defects in their carrier envelope under Section 86.011(d), the clerk must apply these procedures uniformly to all voters in similar circumstances. Additionally, the Secretary of State recommends keeping a log to track the ballots mailed to voters and the ballots in possession of the early voting clerk before ballots are delivered to the signature verification committee or early voting ballot board. If the early voting clerk notifies a voter of a defect in their carrier envelope by mail, the clerk should include a letter explaining the actions that the voter needs to take to correct and return the carrier envelope.

Signature Verification Committee (if appointed) Actions for a Defective Carrier Envelope: Section 87.0271 of the Code provides that not later than the second day after the signature verification committee discovers a defect(s) in a carrier envelope as described by Section 87.0271(a) of the Code and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee must send the voter a notice of the defect and a corrective action form developed under Section 87.0271(c-1) by mail or by common or contract carrier.

The signature verification committee must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the signature verification committee determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect.

In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e-mail, the signature verification committee must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

Early Voting Ballot Board Actions for a Defective Carrier Envelope: Section 87.0411 of the Code provides that not later than the second day after the early voting ballot board discovers a defect(s) in a carrier envelope as described by Section 87.0411(a) of the Code and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041, the board must send the voter a notice of the defect and a corrective action form developed under Section 87.0411(c-1) by mail or by common or contract carrier.

The early voting ballot board must include with the notice delivered to the voter: (1) a brief explanation of each defect on the noncomplying carrier; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect on the voter’s carrier by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the early voting ballot board determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the board may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect.

In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e-mail, the early voting ballot board must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

Delivery of Ballots Voted by Mail to the Early Voting Ballot Board: Section 87.0222 of the Code provides that not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail MUST be delivered to the early voting ballot board. This requirement applies regardless of the county’s population size.

Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge.

The early voting clerk shall post notice of each delivery of balloting materials that is to be made before the time for opening the polls on election day. The notice must be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

Please note that the mail ballots may not be counted until (i) the polls open on election day; or (ii) in an election conducted by an authority of a county with a population of 100,000 or more or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, the end of the period for early voting in person. (Secs. 87.0222, 87.0241).

NOTE: Results may not be released until the polls close on election day.

For more information on the Opportunity to Correct Defect(s) with Application for Ballot by Mail and Carrier Envelope, see Tex. Sec’y of State Election Advisory No. 2023-13.

The presiding judge of the central counting station must prepare a preliminary reconciliation form (PDF) on election night and a final reconciliation form (PDF) after the canvass. The reconciliation form requirement only applies to entities that conducted voting in such a manner that they had a central counting station.

The reconciliation forms must be posted on the county website with election returns and results after they are completed and signed. This posting requirement applies regardless of whether a local entity is contracting with the county for election services. We recommend that local entities post the reconciliation form on their website, if the entity maintains a website. We further recommend that the reconciliation forms remain posted at least until the next election, and that the forms are available for the full 22-month retention period for election records. An entity may choose to make older reconciliation forms available as part of historical results on its website.

NOTE - Chapters 32, 87, and 127 of the Code require the Secretary of State to develop materials for a standardized curriculum for online training in election law and procedure, including a published handbook, for election judges and members of an early voting ballot board, signature verification committee, and central counting station. The training must be made available on the Secretary of State’s Internet website, free of charge, and require the passage of an examination at the end of the program. Please see the Secretary of State’s Training and Educational Resources page for more information.

Section 31.094 of the Code provides that an election services contract may provide for the county election officer to perform or to supervise the performance of any or all of the corresponding duties and functions that the officer performs in connection with a countywide election ordered by a county authority.

The county election officer may assign deputies to perform any of the contracted services. (Sec. 31.095). However, an election services contract may not change the candidate application filing authority, the filing authority for Title 15 documents related to campaign finance, or a political subdivision’s requirement to maintain office hours under Section 31.122 of the Code. (Sec. 31.096).

The early voting clerk shall maintain for each election a roster listing each person who votes an early voting ballot by personal appearance and a roster listing each person to whom an early voting ballot to be voted by mail is sent. The list must include, at minimum, the name, VUID, and precinct number for each voter. Each roster shall be updated daily. Information on the roster for a person who votes an early voting ballot by personal appearance shall be made available for public inspection not later than 11:00 a.m. on the day after the date the information is entered on the roster. Information on the roster for a person who votes an early voting ballot by mail shall be made available for public inspection not later than 11:00 a.m. on the day following the day the early voting clerk receives a ballot voted by mail. The clerk shall preserve each roster after the election for the period for preserving the precinct election records. (Sec. 87.121). See Tex. Sec’y of State Election Advisory No. 2024-20.

For all elections in which the county clerk/elections administrator is the early voting clerk (including by contract and/or joint election agreement), the information on the early voting rosters (in-person and by-mail voters) must be posted on the county’s website. Section 87.121 of the Code does not state a specific time by which the early voting rosters must be posted online; our office recommends that the rosters be posted by 11:00 a.m. each day.

For all elections where the county clerk/elections administrator is not the early voting clerk by contract, by law, or due to a joint election agreement, the information on the early voting roster (in-person and by-mail voters) must be posted on the local political subdivision’s website. If the authority which ordered the election does not maintain a website, then the information on the roster must be posted on the bulletin board used for posting notice of meetings of the governing body of the authority. Again, Section 87.121 of the Code does not state a specific time by which the early voting rosters must be posted online, but we recommend posting the rosters by 11:00 a.m. each day.

If an early voting clerk fails to post their early voting rosters in accordance with Section 87.121, a person registered to vote in the county where the early voting clerk is conducting early voting may file a complaint with the Secretary of State regarding the early voting clerk’s noncompliance. (Sec. 87.121(o)).

Note for local political subdivisions: The early voting clerk for each political subdivision is also responsible for posting or linking to the early voting roster, depending on whether or not the entity is contracting with the county.

    If the entity is contracting with the county, the early voting roster must be posted on the county’s website and the entity should provide a link to that list on the entity’s website.

    If the entity is NOT contracting with the county, the early voting roster must be posted on the entity’s website.

NOTE - Section 1.012 of the Code provides that images of voted ballots, if maintained, and cast vote records shall be made available for public inspection beginning on the first day after the final canvass of an election is completed. Original voted ballots shall be made available for public inspection beginning on the 61st day after election day. The general custodian of election records must adopt procedures to ensure the redaction of any personally identifiable information of the voter that is contained on the voted ballot, ballot images, or cast vote records before making them available for public inspection.

Section 66.058 of the Election Code requires voted ballots to be preserved securely in a locked room in the locked ballot box for at least 60 days after the date of the election. Section 66.058 also provides that an unauthorized entry into the ballot box containing voted ballots or the failure to prevent an unauthorized entry into the ballot box constitutes a Class A misdemeanor. The Secretary of State interprets these provisions to prohibit the general custodian of election records from accessing the voted ballots during the initial 60-day period (except in the event of a recount or another authorized entry into the ballot box) and preclude the custodian from beginning to redact original voted ballots under Section 1.012(h) until after that 60-day period has elapsed.

Ballot images and cast vote records are also subject to the general preservation provisions in Section 66.058. However, there is a different deadline for making those specific records publicly available. Since ballot images and cast vote records are available for public inspection beginning on the first day after the final canvass, a county may begin the redaction process under Section 1.012(h) for ballot images and cast vote records as soon as practicable following the final canvass. See Tex. Sec’y of State Election Advisory No. 2024-05 and Tex. Sec’y of State Election Advisory No. 2024-20.

Our office recommends that the county elections office work closely with its county attorney and its public information division in ensuring that records have been properly redacted before being made publicly available. Please direct any questions about the procedures for responding to a public information request, including the timeframes for such responses, to the Office of the Attorney General via its Open Government Hotline, (877) OPEN TEX (673-6839).

Our office cannot provide advice on public information requests that are specific to your individual entity. However, in light of Attorney General Opinion No. KP-0463 (2024 (PDF)) and recent events involving voter privacy, our office has issued emergency guidance on possible redactions that may be necessary to protect a voter’s right to a secret ballot. See Tex. Sec’y of State Election Advisory No. 2024-20.

Section 1.012 of the Texas Election Code, on its own and combined with Opinion No. KP-0463 (PDF), acknowledges the necessity in redacting personally identifiable information; however, these redactions must be as limited as possible in order to protect the public’s right to review and inspect election records. The information redacted may vary depending on the type of election, the turnout in the election, the type of ballot (in-person, mail ballot, provisional ballot) and the specific request presented. Please note that there isn’t any one piece of information on a ballot that could be redacted that would provide full protections to voters across the board. In many circumstances, it is a combination of data points that may allow for an individual’s ballot to be located through process of elimination. Based on the request submitted and the facts surrounding the election, the custodian of election records—in consultation with their legal counsel and public information coordinator—should determine what redactions are necessary in their specific situation.

In all circumstances, an election official must be sure to maintain the security and integrity of the ballots and the public’s right to review records, as well as the voter’s constitutional right to a secret ballot.

If an entity’s election official decides that certain information should be redacted in response to a particular public information request, the official must obtain the requestor’s consent to redact such information or seek an open records ruling from the Attorney General authorizing the redactions in that specific circumstance. We recommend that the elections office work closely with the entity’s attorney and the entity’s public information division in ensuring that records have been properly redacted before being made publicly available. Election officials should direct any questions about the procedures for responding to a public information request, including the time frames for such responses, to the Office of the Attorney General via its Open Government Hotline, (877) 673-6839.