Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 84.032 - Request for Cancellation(a) A person desiring to cancel the person's application for a ballot to be voted by mail must submit a request for the cancellation to an election officer as provided by this section.(b) A request must: (1) be in writing and signed by the applicant;(2) specify the election for which the application was made; and(3) except as provided by Subsection (c), (d), or (e), be received by the early voting clerk: (A) not later than the third day before election day; and(B) if an early voting ballot sent to the applicant is returned to the clerk as a marked ballot, before the marked ballot's arrival at the address on the carrier envelope.(c) An applicant may submit a request after the close of early voting by personal appearance by appearing in person and:(1) returning the ballot to be voted by mail to the early voting clerk; or(2) executing an affidavit that the applicant:(A) has not received the ballot to be voted by mail;(B) never requested a ballot to be voted by mail; or(C) received notice of a defect under Section 87.0271(b) or (c) or 87.0411(b) or (c).(d) An applicant may also submit a request by appearing in person and returning the ballot to be voted by mail or presenting a notice received under Section 86.006(h) to: (1) the early voting clerk or deputy early voting clerk at any polling place that is open for early voting by personal appearance; or(2) the presiding election judge on election day at the applicant's precinct polling place.(d-1) An election officer shall maintain a register of ballots to be voted by mail returned at a polling place under Subsection (d). An election officer shall enter on the register the name of each voter who returns a ballot to be voted by mail and the ballot's number. The secretary of state shall adopt a form to be used for this purpose. (e) An applicant may also submit a request at any time after the early voting ballot is returned to the early voting clerk as a marked ballot and before the ballot is delivered to the early voting ballot board by appearing in person and executing an affidavit that the applicant did not mark the ballot.(f) A request for cancellation in a manner other than as authorized by this section, including a request by letter, has no effect.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 1167,Sec. 2, eff. 9/1/2023.Amended by Acts 2021SP2, Texas Acts of the 87th Legislature - Second Special Session, ch. TBD,Sec. 5.05, eff. 12/2/2021.Amended by Acts 2017SP1, 2017, ch. 1,Sec. 6, eff. 12/1/2017.Amended by Acts 2005, 79th Leg., Ch. 728, Sec. 5A.001, eff. 9/1/2005.Amended by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(23), eff. 9/1/2005.Amended by Acts 2003, 78th Leg., ch. 393, Sec. 11, eff. 9/1/2003Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 21, eff. 9/1/2003.Amended by Acts 1997, 75th Leg., ch. 1381, Sec. 7, eff. 9/1/1997Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 27, eff. 9/1/1993Amended by Acts 1991, 72nd Leg., ch. 554, Sec. 1, eff. 9/1/1991 Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. 1/1/1986.Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.08