Decision 2024

What happens if my ballot is damaged, mismarked or ‘spoiled?'

If a Texas voter spoils their ballot, they are entitled to receive up to two additional ballots but no more than three

A voting machine in Dallas County, Texas, 2024.
NBC 5 News

Election Day Voting — What to Know

Early voting is underway, and according to the Texas Secretary of State, in the first two days of early voting more than 1.7 million Texans have already cast their ballots for the Nov. 5 general election.

Most ballots print and are counted without an issue. But occasionally, a voter may run into trouble if they accidentally select someone they didn't intend to on the touch screen or if their ballot somehow jams in the printer.

When those things happen, what happens next?

If a voter needs a new ballot, the original ballot is considered "spoiled." When a ballot is spoiled, the Texas Election Code spells out exactly what's supposed to happen next.

First, the voter is entitled to receive a new ballot by returning the spoiled ballot to an election officer. However, there's a limit to how many ballots a person may receive. The Texas Election Code stipulates a voter can receive as many as two additional ballots but no more than three.

The election officer takes the spoiled ballot and notes the voter's name and ballot number in the Register of Spoiled Ballots and the Official Ballot Register. The spoiled ballot is then placed in a Secrecy Sleeve and deposited into a special ballot box dubbed Ballot Box No. 4, which is not counted.

The voter is then allowed to vote on the new ballot. Before casting their ballot in the scanner, voters are encouraged to read over their printed ballot a final time to ensure the candidates listed are the ones they selected. If there are any issues, they should notify an election official and ask for a new ballot.

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