Application for a Ballot by Mail

• Is disabled281 or expecting to give birth within three weeks before or after election day;282

• Is 65 years of age or older on election day;283

• Is confined in jail at the time the voter’s early voting ballot application is submitted;284

• Is a participant in the address confidentiality program as a crime victim;285 or

• Is a person who is civilly committed as a sexually violent predator286 .

Assuming the qualified voter falls into one of these six descriptions, the voter must then send an application for BBM (ABBM) to the Early Voting Clerk of the county they reside in. The ABBM must include a “wet signature;”287 The application must also include the voter’s:

281 Pursuant to the Texas Election Code, if a voter has a sickness or physical condition that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring their health, they are considered eligible to vote early by mail based on disability. 282 Circumstances such as a lack of transportation, a sickness that does not prevent the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or injuring the voter’s health, or a requirement to appear at the voter’s place of employment on election day do not constitute sufficient cause to entitle the voter to vote early by mail. See Tex. Elec. Code § 82.002 (b). 283 Tex. Elec. Code § 82.003. 284 A qualified voter is eligible for early voting by mail if, at the time the voter's early voting ballot application is submitted, the voter is confined in jail: serving a misdemeanor sentence for a term that ends on or after election day; pending trial after denial of bail; without bail pending an appeal of a felony conviction; or pending trial or appeal on a bailable offense for which release on bail before election day is unlikely. See Tex. Elec. Code §82.004 (a)(1-4). 285 A qualified voter is eligible for early voting by mail if: the voter submitted a registration application by personal delivery as required by Section 13.002 (e); and at the time the voter's early voting ballot application is submitted, the voter is certified for participation in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure. See Tex. Elec. Code § 82.007. 286 Tex. Elec. Code § 82.008; A sexually violent predator is defined as person who is a repeat sexually violent offender; and suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence. See Tex. Health and Safety Code § 841.003; A convicted felon may be a qualified voter if they have been fully discharged of their sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or if they have been pardoned or otherwise released from the resulting disability to vote. See Tex. Health and Safety Code § 11.002 (a)(4). 287 Prior to SB1, Tex. Elec. Code § 84.001 (b) stated that an application must be submitted in writing and that an electronic signature is not permitted. The amendment from SB1 clarified that an application must be signed with ink on paper and that photocopied signatures are not permitted either.

• Name and address at which they are registered to vote;

• Government-issued identification information;288

• The address to which the requested ballot should be mailed;

• The election(s) for which the voter is requesting a mail ballot; and

• the basis of the voter’s eligibility to vote by mail.289

The Secretary of State has prescribed a form for an ABBM that Texas counties may use in administering their elections.290 A qualified voter seeking to apply for a BBM, however, is not required to use the official application form,291 rather, they may submit an “informal” application, provided the application is in writing and otherwise includes all of the required information.292 An ABBM can be submitted at any point in the year of the election for which a ballot is requested, and is considered “submitted” once received by the clerk.293 ABBMs must be preserved following the election for the period for preserving the precinct election records.294

A voter may receive assistance with marking and/or reading the ballot. Similarly, a witness may also be used during this process if a voter applying for a ballot by mail is unable to sign the application because of a physical disability or illiteracy. 295 Even so, the voter must place their mark on the application and the witness must attest on the application that the mark was made by the voter.296 If the voter is unable to make their mark on the application, the witness must state that fact on the application.297 The witness is also required to print the name of the voter who cannot sign on the application, print their own name, sign the application, and include the

288 The requirement that an ABBM include the voter’s government-issued identification information became effective December 2, 2021 following the enactment of Senate Bill 1 in the 2nd Special Session of the 87th Legislature. This requirement did not exist for the November 2020 General Election. 289 See Tex. Elec. Code § 84.002. 290 See Application for a Ballot by Mail, Texas Secretary of State, available at: https://webservices.sos.state.tx.us/forms/5-15f.pdf. The early voting clerk shall mail an official application without charge to each applicant who requests an application form. Tex. Elec. Code § 84.012. 291 Tex. Elec. Code § 84.001 (c) (“An applicant is not required to use an official application form.”). 292 See Keith Ingram, Informal Application for Ballot by Mail, Election Advisory No. 2021-24, (Dec. 22, 2021) https://www.sos.state.tx.us/elections/laws/advisory2021-24.shtml. 293 Tex. Elec. Code § 84.007. ABBMs must be received no later than the 11th day before election day in order to be considered timely. If the 11th day before election day happens to fall on a Saturday, Sunday, or certain holidays the 11th day is the preceding business day. 294 Tex. Elec. Code § 84.010. 295 Tex. Elec Code § 1.011. 296 Id. at §1.011 (b). 297 Id.