LATE VOTING BECAUSE OF DEATH IN IMMEDIATE FAMILY

Tex. ELEC Code ch. 103
in effect

Tex. ELEC Code § 103.001. ELIGIBILITY.

(a) A qualified voter is eligible to vote a late ballot as provided by this chapter if: (1) the voter will be absent from the county of residence on election day because of the death of a person related to the voter within the second degree by consanguinity or affinity, as determined under Chapter 573 , Government Code; and (2) the death occurs on or after the day before the last day of the period for early voting by personal appearance. (b) In this chapter, "late ballot" means a ballot voted under this chapter. Repealed by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 31(1), eff. September 1, 2025.

Tex. ELEC Code § 103.002. FORM AND CONTENTS OF APPLICATION.

An application for a late ballot must: (1) be in the form of an affidavit; and (2) include, in addition to the information required by the applicable provisions of Section 84.002 , the date of death of the decedent and a statement of the relationship of the voter to the decedent. Repealed by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 31(1), eff. September 1, 2025.

Tex. ELEC Code § 103.003. SUBMITTING APPLICATION.

(a) An application for a late ballot must be submitted in person by the applicant to the early voting clerk at the main early voting polling place. However, if the early voting ballots voted by mail are processed at a location other than the main early voting polling place, the early voting clerk may require the application to be submitted at that location. (b) An application may be submitted after the last day of the period for early voting by personal appearance and before the close of business on the day before election day. Repealed by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 31(1), eff. September 1, 2025.

Tex. ELEC Code § 103.004. VOTING PROCEDURE; PROCESSING RESULTS.

(a) On submission of an application to the early voting clerk, the clerk shall review the application and verify the applicant's registration status in accordance with the procedure applicable to early voting by mail. (b) The voting shall be conducted with the balloting materials for early voting by mail. (c) The voter must mark and seal the ballot in the same manner as if early voting by mail except that the certificate on the carrier envelope need not be completed. (d) On sealing the carrier envelope, the voter must give it to the clerk, who shall note on the envelope that the ballot is voted under this chapter. (e) The results shall be processed in accordance with the procedures applicable to processing early voting ballots voted by mail. Repealed by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 31(1), eff. September 1, 2025.

Tex. ELEC Code § 103.005. ENTRY ON EARLY VOTING ROSTER.

The early voting roster must include the name of each person voting a late ballot with a notation indicating that the late ballot was voted under this chapter. Repealed by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 31(1), eff. September 1, 2025.

Tex. ELEC Code § 103.006. ENTRY ON PRECINCT EARLY VOTING LIST.

The precinct early voting list must contain the name of each person who has voted a late ballot as of the time of delivery of the list. Repealed by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 31(1), eff. September 1, 2025.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026