Provider Letter 17-31 – The Early voting process that went into effect on September 1 for nursing facilities (NF’s) and Assisted Living Facilities (ALF’s) The new temporary law at Texas Elections Code §107.006, requires NFs and ALFs to set aside common space for the election officials to set up as a voting area. The space must be accessible and allow residents to cast a secret ballot. Texas Health and Safety Code §§242.0181 and 247.008 require NFs and ALFs to comply with Chapter 107 for the period of time it is effective.
The law provides a method for individuals in a NF or ALF who submit an application to vote early by mail to have blank ballots hand delivered to them at the facility. Completed ballots are returned to the early voting clerk by election judges. This new process applies to NFs and ALFs with 11 or more beds and at least five residents who are registered to vote.
New Chapter 107, Texas Election Code, was added by House Bill (HB) 658, 85th Legislature, 2017 but repealed by Senate Bill (SB) 5, 85th Legislature, First Called Session, 2017.
While Chapter 107 became effective on September 1, 2017 per HB 658, the chapter will be repealed
Provider Letter No. 17-31 October 10, 2017 – December 1, 2017 per SB 5. However, Chapter 107 will be in effect for the November 7, 2017 election and any other election that takes place between
September 1, 2017 and November 30, 2017.
If you have any questions about the early voting process refer to Provider Letter
