1. (a) An absentee ballot is considered timely and may be counted if the ballot:

   1. (1) is received at an early voting center before the polls close at the early voting center on the last day of early voting;
   2. (2) is received at a local board office before the polls close on election day;
   3. (3) is received at a polling place before the polls close on election day;
   4. (4) is deposited in a ballot drop box before the polls close on election day; or

   5. (5) is received by mail at a local board office not later than 10 a.m. on the second Friday after an election and was mailed on or before election day, as verified:

      1. (i) by a postmark; or
      2. (ii) if the return envelope does not contain a postmark or the postmark is illegible, by the voter's affidavit that the ballot was mailed on or before election day.
2. (b) An absentee ballot that does not meet the requirements under subsection (a) of this section is not timely and may not be counted.

3. (c)

   1. (1) This subsection applies only if federal law or a federal court establishes requirements for the timeliness of absentee ballots with federal contests that differ from the requirements under subsection (a) of this section.
   2. (2) Votes in nonfederal contests on a ballot that is considered timely under subsection (a) of this section shall be counted unless a law or regulation requires that a vote in a contest be rejected for a reason unrelated to the timeliness of the ballot.
   3. (3) The State Board shall adopt regulations for the conduct of the absentee ballot canvass that comply with the federal requirements and paragraph (2) of this subsection.

   4. (4)

      1. (i) The State Board shall provide notice to voters of the requirements:

         1. 1. under federal law for the timely receipt of absentee ballots with federal contests; and
         2. 2. under State law for the timely receipt of absentee ballots with nonfederal contests.

      2. (ii) The notice required under subparagraph (i) of this paragraph shall, at a minimum, encourage an early return of absentee ballots by urging voters to:

         1. 1. mail the voter's ballot at least 1 week before election day; or
         2. 2. place the voter's ballot in a ballot drop box on or before election day.
      3. (iii) The State Board shall use multiple methods to provide the notice required under this paragraph, including written notice with instructions for sample ballots and ballots, a social media campaign, and mass media communications.

Added by Acts 2026, c. 440, § 1, eff. May 12, 2026.