Processing, counting, and challenging absentee/mail-in ballots in Texas, 2020

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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016. The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.

This article describes the rules in Texas for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:

• How ballots are processed and counted
• Whether ballots can be challenged
• Conditions for rejecting a ballot
• Whether voters can correct mistakes on a ballot

The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.

Processing and counting ballots

See also: When states can begin processing and counting absentee/mail-in ballots, 2020

Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.

The table below highlights key dates and deadlines related to absentee/mail-in voting in Texas for the November 2020 election.

Absentee voting in Texas: Nov. 3, 2020, election.

Were there limits on who can request a ballot?

Yes

What was the deadline for requesting a ballot by mail?

Oct. 23, 2020

Was the request deadline a postmark or receipt deadline?

Received

What was the deadline for returning a voted ballot by mail?

Nov. 3, 2020

Was the return deadline a postmark or receipt deadline?

Postmarked

Were there notary or witness requirements?

No requirement

Processing ballots

As of October 2020, ballots could be processed upon receipt. As of November 2020, Texas law included the following provision for processing absentee/mail-in ballots:

“

(a) The early voting ballot board may determine whether to accept early voting ballots voted by mail in accordance with Section 87.041 at any time after the ballots are delivered to the board.

”

See law: TX Elec Code § 87.0241 (2019)

Counting ballots

Officials in Texas began counting absentee/mail-in ballots at 7:00am on November 3, 2020 or at end of the period for early voting by personal appearance if in a county with a population of 100,000 or more. As of November 2020, Texas law included the following provision for counting absentee/mail-in ballots:

“

(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, the end of the period for early voting by personal appearance. (c) The secretary of state shall prescribe any procedures necessary for implementing this section in regard to elections described by Subsection (b)(2).

”

See law: TX Elec Code § 87.0241 (2019)'

Texas law included the following provision for who may count absentee/mail-in ballots:

“

(a) The early voting ballot board consists of a presiding judge and at least two other members. (b) Except as provided by Subsection (d), the presiding judge is appointed in the same manner as a presiding election judge. Except as provided by Subsection (c), the other members are appointed by the presiding judge in the same manner as the precinct election clerks. (c) In the general election for state and county officers, each county chair of a political party with nominees on the general election ballot shall submit to the county election board a list of names of persons eligible to serve on the early voting ballot board. The county election board shall appoint at least one person from each list to serve as a member of the early voting ballot board. The same number of members must be appointed from each list. (d) In addition to the members appointed under Subsection (c), the county election board shall appoint the presiding judge from the list provided under that subsection by the political party whose nominee for governor received the most votes in the county in the most recent gubernatorial general election.

”

See law:TX Elec Code § 87.002 (2019)

Texas law included the following provision for poll watchers:

“

(a) Each appointing authority may appoint not more than two watchers for each precinct polling place, meeting place for an early voting ballot board, or central counting station involved in the election. (b) Each appointing authority may appoint not more than seven watchers for each main or branch early voting polling place involved in the election. Not more than two watchers appointed by the same authority may be on duty at the same early voting polling place at the same time. (c) In an election in which the election officers serving at a precinct polling place also serve as an early voting ballot board, a watcher who is appointed for the precinct polling place may observe the processing of early voting ballots by the early voting ballot board, or separate watchers may be appointed to observe only that activity. (d) The number of watchers accepted for service on each side of a measure may not exceed the number authorized by this section. If the number of appointments exceeds the authorized number, the authority accepting the watchers for service shall accept the watchers in the order in which they present their certificates of appointment.

”

See law:TX Elec Code § 33.007 (2019)

Challenging ballots

Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.

As of October 2020, Texas did not have a provision for challenging ballots in state law.

Rejecting ballots

As of November 2020, Texas law included the following provision for rejecting absentee/mail-in ballots:

“

(b) A ballot may be accepted only if: (1) the carrier envelope certificate is properly executed; (2) neither the voter's signature on the ballot application nor the signature on the carrier envelope certificate is determined to have been executed by a person other than the voter, unless signed by a witness; (3) the voter's ballot application states a legal ground for early voting by mail; (4) the voter is registered to vote, if registration is required by law; (5) the address to which the ballot was mailed to the voter, as indicated by the application, was outside the voter's county of residence, if the ground for early voting is absence from the county of residence; (6) for a voter to whom a statement of residence form was required to be sent under Section 86.002(a), the statement of residence is returned in the carrier envelope and indicates that the voter satisfies the residence requirements prescribed by Section 63.0011; and (7) the address to which the ballot was mailed to the voter is an address that is otherwise required by Sections 84.002 and 86.003.

”

See law: TX Elec Code § 87.041 (2019)

Ballot curing

Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.

As of October 2020, Texas did not have a ballot curing provision in state law.

Rules in other states

Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

More frequently asked questions about the 2020 election

Click on a question below to read the answer:

• General election information
  • Who runs elections in the United States?
  • Why do states have different election rules?
  • What methods do states use to prevent election fraud?
  • Do you have to vote for everything on your ballot?
  • What happens if you mark outside the lines or use the wrong pen/pencil?
  • What is a spoiled ballot?
  • What is a write-in candidate?
  • How can I check the status of my ballot?
  • Can I take a ballot selfie?

• Presidential election
  • What happens if a presidential candidate declares victory in the 2020 election before results are final?
  • Can presidential candidates win the election if they have already conceded?
  • What are the steps and deadlines for electing the President of the United States?
  • What happens if there is a tie in the Electoral College?
  • What are faithless electors in the Electoral College?
  • What happens if a presidential nominee becomes incapacitated before the election?
  • Can members of Congress object to Electoral College results?

• Processing and counting absentee/mail-in ballots
  • What is the life cycle of an absentee/mail-in ballot?
  • What happens if I vote by mail and want to change my ballot at a later date?
  • What happens if someone votes by mail and then tries to vote in person?
  • How do states protect and verify absentee/mail-in ballots?
  • How do election workers match signatures?
  • Are results reported on election night coming from in-person or absentee/mail-in votes?
  • Do states report how many mail-in/absentee ballots are outstanding on election night?
  • Do absentee/mail-in ballots take longer to count than in-person ballots?
  • What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?

• Disputing election results
  • How will election recounts work?
  • How close does an election have to be to trigger an automatic recount?
  • Can a candidate or voter request a recount?
  • Who pays for recounts and contested elections?
  • What are poll watchers?
  • What does it mean to challenge a voter's eligibility, and who can do it?
  • What is a redo election?
  • Who can file election-related lawsuits?
  • What are the reasons to call a redo election?
  • Who can call a redo election?
  • Can a redo be held for a presidential election?

• Election result reporting and certification
  • What happens if candidates declare victory in the 2020 election before results are final?
  • Can candidates win an election if they have already conceded?
  • How and when are election results finalized?
  • How do major media outlets declare winners?

• Transitions of power and taking office
  • Who is the president if election results are unknown by January 20, 2021?
  • Who serves in Congress if election results are unknown by January 2021?
  • Who serves in a state or local government if election results are unknown?
  • What happens if the winning presidential candidate becomes incapacitated before taking office?

• Articles about potential scenarios in the 2020 election
• U.S. Supreme Court actions affecting the November 3, 2020, general election

See also

• Ballotpedia's 2020 Election Help Desk
• Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
• Absentee/mail-in voting, 2020