If you vote by mail in Texas, the process just became more restrictive. A federal appeals court has cleared the way for the state to enforce tighter mail-in voting requirements, reversing a lower court ruling that found parts of a 2021 Texas law violated the Americans with Disabilities Act and the Rehabilitation Act of 1973.
In an 11-page opinion issued Aug. 12, the 5th U.S. Circuit Court of Appeals ruled that Texas can require mail-in voters to provide additional identifying information, such as a driver's license number or Social Security number, or risk having their ballots rejected.
"It has long been established that mail-in ballots are prone to fraud," Oldham wrote. "That is why voting by mail jeopardizes election integrity and democracy
itself."
This opinion comes right as Texas Republicans have made a continuous push to secure the state's elections and as President Donald Trump revives old claims of fraud in the 2020 election while election officials continue to dispute the validity of such claims.
The opinion allows Texas to reinstate nine provisions of the 2021 bill — Senate Bill 1 — passed by the 87th Texas Legislature during its second special session and effective Sept. 7, 2021, but only after Texas Democratic lawmakers broke quorum to stop the bill.
Here's what opinion means for those who vote by mail in Texas and the current deadlines for mail-in voting ahead of the November general election.
What the Texas mail-in ballot reinstated provisions mean for voters
The nine provisions the court reinstated required voters to provide an identification number or Social Security number on mail-in ballot applications and to have it match the state’s records. Any mismatch between the information voters provided and the official records could lead to the rejection of the ballot.
The opinion also allows Texas to create processes to fix defective ballots while requiring voters and those who assist them in filling out the ballot to sign an oath swearing they did not coerce the voter and disclosing how they’re related.
The written opinion stated that it had reversed everything from U.S. District Judge Xavier Rodriguez's 2025 decisions since the suit began five years ago.
“The bulk of the plaintiffs’ claims fail for lack of standing. One fails on the merits. But none justifies interference with the State Legislature’s efforts to prevent voter fraud and to protect election integrity,” Oldham wrote in the opinion.
Who is eligible for a mail-in ballot in Texas?
Under state law, according to the Texas Secretary of State's office, the following people are eligible to vote by mail:
- 65 years of age or older on Election Day.
- Sick or disabled.
- Expecting to give birth within three weeks before or after Election Day.
- Absent from the county of registration during the Early Voting period and on Election Day.
- Civilly committed under Chapter 841 of the Texas Health and Safety Code.
- Confined in jail, but otherwise eligible to vote.
If eligible, an individual can apply for a mail-in ballot at votetexas.gov/voting-by-mail/ or by visiting their local elections office.
Mail-in ballot deadlines for the Texas November election
Here are important dates those voting by mail in the November election should keep in mind:
- Oct. 5 — Last day to register to vote in Texas.
- Oct. 23 — Last day to apply for a ballot by mail (received, not postmarked).
- Nov. 3 (Election Day) — Last day to receive a ballot by mail.
- By 7 p.m. if the carrier envelope is not postmarked.
- By 5 p.m. Nov. 4 if the carrier envelope is postmarked by 7 p.m. at the location of the election on Election Day
Mateo Rosiles is the Texas Connect reporter for USA TODAY and its regional papers in Texas. Got a news tip for him? Email him at mrosiles@usatodayco.com.
This article originally appeared on USA TODAY: Texas mail-in voters face new ID rules after appeals court ruling
