Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Election Code § 87.0241: PROCESSING BALLOTS BEFORE POLLS OPEN.

(a) The early voting ballot board shall make its determination whether to accept early voting ballots voted by mail in accordance with Section 87.041 after the ballots are delivered to the board.
Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 23, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.
(b) The board may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, the end of the period for early voting by personal appearance.
Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 23, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.
(b) The board may not count early voting ballots until:
(1) the polls open on election day; or
(2) in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, the fourth day before election day.
(c) The secretary of state shall prescribe any procedures necessary for implementing this section.
Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.23. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 39, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, Sec. 25, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 63, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 7, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 23, eff. September 1, 2025.

Where this section sits in the code

ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE A. EARLY VOTING
CHAPTER 87. PROCESSING EARLY VOTING RESULTS
SUBCHAPTER B. DELIVERING MATERIALS TO BOARD

(a) The early voting ballot board shall make its determination whether to accept early voting ballots voted by mail in accordance with Section 87.041 after the ballots are delivered to the board.

Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 23, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.

(b) The board may not count early voting ballots until:

(1) the polls open on election day; or

(2) in an election conducted by an authority of a county with a population of 100,000 or more, or conducted jointly with such a county or conducted with such a county through a contract for election services, the end of the period for early voting by personal appearance.

Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 23, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 32, eff. September 1, 2025.

(b) The board may not count early voting ballots until:

(1) the polls open on election day; or

Added by Acts 1991, 72nd Leg., ch. 203, Sec. 1.23. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 39, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1316, Sec. 25, eff. Sept. 1, 2003.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 63, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 7, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753), Sec. 23, eff. September 1, 2025.

Collected 2026-08-27T01:47:06Z. Source file · JSON

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