Texas Early Voting: When Did It Become Law?

Early voting in Texas has been allowed since 1987, when it was known as absentee voting. Texans can vote early by mail or in person, and no longer need to provide a reason for doing so. However, there are specific criteria that must be met for a voter to be eligible to vote early by mail. Early voting by personal appearance typically begins 20 days before a first primary or general election and ends four days before the election. In recent years, the Texas Legislature has passed bills that aim to restrict early voting locations and access, which has raised concerns about equal access to the ballot box for all Texans.

Early voting eligibility requirements

Early voting eligibility in Texas is determined by several factors, including age, residency, physical ability, and incarceration status. Here is a detailed overview of the early voting eligibility requirements in Texas:

• Any registered voter in Texas may vote early in person. Early voting in person generally begins 17 days before Election Day and ends on the 4th day before Election Day.
• To be eligible to vote early by mail in Texas, voters must meet at least one of the following conditions:
• Be 65 years or older.
• Be sick or disabled.
• Be out of the county on Election Day and during the early voting period.
• Be expected to give birth within three weeks before or after Election Day.
• Be confined in jail but otherwise eligible to vote.
• Texas also allows for absentee voting, which is available to U.S. citizens living abroad who are eligible to vote in their home state.
• Voters must provide valid identification to vote early in person or by mail. Acceptable forms of photo ID include:
• Texas Driver License.
• Texas Election Identification Certificate.
• Texas Personal Identification Card.
• Texas Handgun License.
• United States Military Identification Card (with photo).
• United States Citizenship Certificate (with photo).
• United States Passport (book or card).
• For voters aged 18–69, the ID must be current or have expired no more than four years before being presented for voter qualification. Voters aged 70 or older can use any of the above forms of ID, regardless of expiration date.
• If a voter does not possess one of the acceptable forms of photo identification and cannot reasonably obtain one, they may present a supporting form of identification and execute a Reasonable Impediment Declaration.
• To register to vote in Texas, individuals should provide their Texas Driver's License or State non-driver ID Number. If they do not have these IDs, they can provide the last four digits of their Social Security Number.
• Texas also allows for preregistration to vote for those who are at least two months away from their 18th birthday.
• Students who are Texas residents but attend college in another state, or vice versa, are eligible to vote in Texas.

Early voting by mail

• Be 65 years or older on Election Day
• Be sick or have a physical disability
• Be out of the county on election day and during the early voting by personal appearance period
• Be expected to give birth within three weeks before or after Election day
• Be civilly committed under Chapter 841 of the Texas Health and Safety Code
• Be confined in jail, but otherwise eligible

To vote by mail, you must provide one of the following numbers on your ballot by mail application and your mail ballot carrier envelope:

• Texas Driver's License
• Texas Personal Identification Number
• Election Identification Certificate Number issued by the Texas Department of Public Safety (not your voter registration VUID number)
• The last four digits of your Social Security Number

If you have not been issued a Texas Driver's License, Texas Personal Identification Number, Texas Election Identification Certificate Number, or a Social Security Number, you must indicate so by checking the appropriate box on the application. For voters aged 18–69 years, a photo ID can be expired for up to four years. For voters aged 70 and older, a photo ID can be expired for any length of time if otherwise valid.

You can get a formal application for a ballot by mail from the Secretary of State's office or the Early Voting Clerk in your county. Applications must be received, not just postmarked, by the last day of the application period, which is usually 11 days before election day. You may submit your application by mail, email, common or contract carrier, or fax (if available to the Early Voting Clerk).

Once you receive your mail-in ballot, carefully review each choice in each race or proposition and mark your choices according to the instructions on the ballot envelope. After marking your ballot, place it in the envelope marked "Ballot Envelope" and seal the envelope. Then, place the ballot envelope in the carrier envelope. Before sealing the carrier envelope, you must include:

• The number of your driver's license, election identification certificate, or personal identification card issued by the Texas Department of Public Safety (DPS)
• The last four digits of your social security number, if you have not been issued a number by DPS
• A statement that you have not been issued a number by DPS, if applicable

Finally, seal the carrier envelope, sign it, and return it to the Early Voting Clerk either by mail, common or contract carrier, or in person on Election Day at your county's early voting clerk's office. The Early Voting Clerk must receive your marked ballot by 7:00 pm on election day if the carrier envelope is not postmarked.

You can track the status of your mail-in ballot through the Texas Secretary of State's Ballot by Mail Tracker on their 'My Voter Portal'.

Early voting by personal appearance

Under these laws, early voting by personal appearance must be conducted during specific days and hours. In counties with a population of 55,000 or more, early voting must be held for at least 12 hours on each weekday of the last week of the early voting period. This includes the last Saturday and the last Sunday of the early voting period, with specific time frames outlined for each day. Counties with a population under 55,000 must also conduct early voting for at least 12 hours on each weekday of the last week, but this requirement can be triggered by a written request from at least 15 registered voters.

The laws also specify the locations of early voting polling places. The main early voting polling place is typically located in the building that houses the main business office of the county clerk or city secretary. However, if this location is deemed impracticable, the commissioners court or city council can determine an alternative site. Temporary branch polling places can also be established, and their days and hours of operation are dictated by the population of the county.

In terms of eligibility, any registered voter in Texas can participate in early voting by personal appearance. Voters are required to present one of seven acceptable forms of photo ID or, if they do not possess or cannot reasonably obtain one, they can present a supporting form of identification and execute a Reasonable Impediment Declaration. Voters with disabilities can apply for a permanent exemption from the photo ID requirement by providing documentation from the Social Security Administration or the Department of Veterans Affairs.

The laws governing early voting by personal appearance in Texas have evolved over time, with recent changes aimed at increasing access and flexibility for voters. However, there have also been concerns about certain laws restricting early voting locations and impacting access for some voters, particularly in rural and underserved communities.

Temporary branch polling places

According to Section 85.062 of the Texas Election Code, one or more early voting polling places other than the main polling place may be established by:

• The commissioners court, for an election where the county clerk/elections administrator is the early voting clerk
• The governing body of the political subdivision served by the authority ordering the election, for an election where a person other than the county clerk/elections administrator is the early voting clerk

Branch offices that are regularly maintained for conducting general clerical functions of the county clerk/elections administrator are required to serve as permanent branch early voting locations per Section 85.061 of the Election Code. Permanent branch locations are only used in countywide elections where the county clerk/elections administrator is the early voting clerk under Section 83.002 of the Code.

Pursuant to Section 85.061(b) of the Code, in an election where a temporary branch polling place is established under Section 85.062(a)(1) or (d), the commissioners court may provide by resolution, order, or other official action that any one or more of the county clerk’s/elections administrator’s regularly maintained branch clerical offices are not to be branch early voting polling places in the election. If the commissioners court has not issued such a resolution, order, or other official action, then early voting by personal appearance at each permanent branch polling place must be conducted on the same days and during the same hours as voting at the main early voting polling place.

HB 1888 amended Section 85.064 of the Code, which pertains to the days and hours for voting at a temporary branch polling place, to provide that early voting by personal appearance at each temporary branch polling place must be conducted on the same weekdays as voting at the main early voting polling place under Section 85.005 of the Code and must remain open for at least eight hours each weekday it is open. This bill eliminated the concept of “mobile voting” by requiring all temporary branch polling places to remain open at the same fixed location for the duration of the early voting period. This means a political subdivision may have a temporary branch polling place(s) that is open for more hours than the main early voting polling place.

For elections where someone other than the county clerk/elections administrator or the city secretary serves 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 must be open on the same weekdays as voting at the main early voting polling place under Section 85.005 of the Code and must remain open for at least three hours each weekday it is open.

In elections where the county clerk/elections administrator or city secretary is the early voting clerk, early voting by personal appearance at each temporary branch polling place must be conducted on the same weekdays as voting at the main early voting polling place under Section 85.005 of the Code and must remain open for at least eight hours each weekday it is open.

For counties with a population of 100,000 or more, and political subdivisions located in such a county, once a temporary branch polling place is established, it must be open during the same weekdays as the main early voting location. For counties with a population under 100,000, and political subdivisions located in such a county, voting at a temporary branch polling place must be conducted on at least two consecutive business days and for at least eight consecutive hours on each of those days.

ID requirements

Texas law requires voters to present one of seven acceptable forms of photo ID when voting in person. These are:

• Texas Driver License issued by the Texas Department of Public Safety (DPS)
• Texas Election Identification Certificate issued by DPS
• Texas Personal Identification Card issued by DPS
• Texas Handgun License issued by DPS
• United States Military Identification Card containing the person’s photograph
• United States Citizenship Certificate containing the person’s photograph
• United States Passport (book or card)

For voters aged 18-69, the photo ID must be current or have expired no more than four years before being presented for voter qualification at the polling place. Voters aged 70 or older may present one of the seven acceptable forms of photo ID that has expired for any length of time if the identification is otherwise valid.

Voters who do not possess and cannot reasonably obtain one of the seven approved forms of photo ID may fill out a Reasonable Impediment Declaration (RID) at the polls and present an alternative form of ID, such as:

• A copy or original of a government document that shows the voter’s name and an address, including the voter’s voter registration certificate
• A copy of or original current utility bill
• A copy of or original bank statement
• A copy of or original government check
• A copy of or original paycheck
• A copy of or original of (a) a certified domestic (from a U.S. state or territory) birth certificate or (b) a document confirming birth admissible in a court of law which establishes the voter’s identity (which may include a foreign birth document)

After presenting an alternative form of ID, the voter must execute a Reasonable Impediment Declaration.

Frequently asked questions