2005 Texas Election Code CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT


ELECTION CODE
SUBTITLE B. SPECIAL FORMS OF EARLY VOTING
CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT
§ 101.001. ELIGIBILITY. A person is eligible for early voting by mail as provided by this chapter if: (1) the person is qualified to vote in this state or, if not registered to vote in this state, would be qualified if registered; and (2) the person is: (A) a member of the armed forces of the United States, or the spouse or a dependent of a member; (B) a member of the merchant marine of the United States, or the spouse or a dependent of a member; or (C) domiciled in this state but temporarily living outside the territorial limits of the United States and the District of Columbia. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991. § 101.002. GENERAL CONDUCT OF VOTING. Voting under this chapter shall be conducted and the results shall be processed as provided by Subtitle A for early voting by mail, except as otherwise provided by this chapter. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991. § 101.003. FORM AND CONTENTS OF APPLICATION. (a) An application for a ballot to be voted under this chapter must: (1) be submitted on an official federal postcard application form; and (2) include the information necessary to indicate that the applicant is eligible to vote in the election for which the ballot is requested. (b) In this chapter, "federal postcard application" means an application for a ballot to be voted under this chapter submitted on the official federal form prescribed under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.). Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349, § 42, eff. Sept. 1, 1997. § 101.004. SUBMITTING APPLICATION. (a) A federal postcard application must be submitted by mailing it to the early voting clerk for the election who serves the election precinct of the applicant's residence. (b) A federal postcard application may be submitted at any time during the calendar year in which the election for which a ballot is requested occurs, but not later than the deadline for submitting a regular application for a ballot to be voted by mail. (c) A federal postcard application requesting a ballot for an election to be held in January or February may be submitted in the preceding calendar year but not earlier than the earliest date for submitting a regular application for a ballot to be voted by mail. (d) A timely application that is addressed to the wrong early voting clerk shall be forwarded to the proper early voting clerk not later than the day after the date it is received by the wrong clerk. (e) An applicant who otherwise complies with applicable requirements is entitled to receive a full ballot to be voted by mail under this chapter if: (1) the applicant submits a federal postcard application to the early voting clerk on or before the 30th day before election day; and (2) the application contains the information that is required for registration under Title 2. (f) The applicant is entitled to receive only a federal ballot to be voted by mail under Chapter 114 if: (1) the applicant submits the federal postcard application to the early voting clerk after the 30th day before election day and before the sixth day before election day; and (2) the application contains the information that is required for registration under Title 2. (g) An applicant who submits a federal postcard application to the early voting clerk on or after the sixth day before election day is not entitled to receive a ballot by mail for that election. (h) If the applicant submits the federal postcard application within the time prescribed by Subsection (f)(1) and is a registered voter at the address contained on the application, the applicant is entitled to receive a full ballot to be voted by mail under this chapter. (i) Except as provided by Subsection (l), for purposes of determining the date a federal postcard application is submitted to the early voting clerk, an application is considered to be submitted on the date it is placed and properly addressed in the United States mail. The date indicated by the post office cancellation mark is considered to be the date the application was placed in the mail unless proven otherwise. For purposes of an application made under Subsection (e): (1) an application that does not contain a cancellation mark is considered to be timely if it is received by the early voting clerk on or before the 22nd day before election day; and (2) if the 30th day before the date of an election is a Saturday, Sunday, or legal state or national holiday, an application is considered to be timely if it is submitted to the early voting clerk on or before the next regular business day. (j) If the early voting clerk determines that an application that is submitted before the time prescribed by Subsection (e)(1) does not contain the information that is required for registration under Title 2, the clerk shall notify the applicant of that fact. If the applicant has provided a telephone number or an address for receiving mail over the Internet, the clerk shall notify the applicant by that medium. (k) If the applicant submits the missing information before the time prescribed by Subsection (e)(1), the applicant is entitled to receive a full ballot to be voted by mail under this chapter. If the applicant submits the missing information after the time prescribed by Subsection (e)(1), the applicant is entitled to receive a full ballot to be voted by mail for the next election that occurs: (1) in the same calendar year; and (2) after the 30th day after the date the information is submitted. (l) For purposes of determining the end of the period that an application may be submitted under Subsection (f)(1), an application is considered to be submitted at the time it is received by the early voting clerk. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 1.32; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349, § 43, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, § 5.10, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 687, § 1, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 1107, § 1.21, eff. Sept. 1, 2005. § 101.005. APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION. (a) A person may apply with a single federal postcard application for a ballot for any one or more elections in which the early voting clerk to whom the application is submitted conducts early voting. (b) An application that does not identify the election for which a ballot is requested shall be treated as if it requests a ballot for: (1) each general election in which the clerk conducts early voting; and (2) the general primary election if the application indicates party preference and is submitted to the early voting clerk for the primary. (c) An application shall be treated as if it requests a ballot for: (1) a runoff election that results from an election for which a ballot is requested; and (2) each election for a federal office, including a primary or runoff election, that occurs on or before the date of the second general election for state and county officers that occurs after the date the application is submitted. (d) An application requesting a ballot for more than one election shall be preserved for the period for preserving the precinct election records for the last election for which the application is effective. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1989, 71st Leg., ch. 2, § 7.06, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1315, § 46, eff. Jan. 1, 2004. § 101.006. FPCA VOTER REGISTRATION. (a) The submission of a federal postcard application that complies with the applicable requirements by an unregistered applicant constitutes registration by the applicant only for the purpose of voting in the election for which a ballot is requested and each election that occurs on or before the date of the second general election for state and county officers that occurs after the date the application is submitted. (b) In this chapter, "FPCA registrant" means a person registered to vote under this section. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1315, § 47, eff. Jan. 1, 2004; Acts 2005, 79th Leg., ch. 993, § 1, eff. Sept. 1, 2005. § 101.007. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS. (a) The balloting materials provided under this chapter shall be airmailed to the voter free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in an envelope labeled "Official Election Balloting Material - via Airmail." The secretary of state shall provide early voting clerks with instructions on compliance with this subsection. (b) The address to which the balloting materials are sent to a voter must be: (1) an address outside the county of the voter's residence; or (2) an address in the United States for forwarding or delivery to the voter at a location outside the United States. (c) If the address to which the balloting materials are to be sent is within the county served by the early voting clerk, the federal postcard application must indicate that the balloting materials will be forwarded or delivered to the voter at a location outside the United States. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 1.33; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349, § 44, eff. Sept. 1, 1997. § 101.008. RETURN OF VOTED BALLOT. A ballot voted under this chapter may be returned to the early voting clerk by mail, common or contract carrier, or courier. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991. § 101.009. NOTING FPCA REGISTRATION ON POLL LIST. For each FPCA registrant accepted to vote, a notation shall be made beside the voter's name on the early voting poll list indicating that the voter is an FPCA registrant. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991. § 101.010. NOTING FPCA REGISTRATION ON EARLY VOTING ROSTER. The entry on the early voting roster pertaining to a voter under this chapter who is an FPCA registrant must include a notation indicating that the voter is an FPCA registrant. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991. § 101.011. EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY VOTING LIST. A person to whom a ballot is provided under this chapter is not required to be included on the precinct early voting list if the person is an FPCA registrant. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991. § 101.012. OFFICIAL CARRIER ENVELOPE. The officially prescribed carrier envelope for voting under this chapter shall be prepared so that it can be mailed free of United States postage, as provided by the Federal Voting Assistance Act of 1955, and must contain the label prescribed by Section 101.007(a) for the envelope in which the balloting materials are sent to a voter. The secretary of state shall provide early voting clerks with instructions on compliance with this section. Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by Acts 1991, 72nd Leg., ch. 203, § 2.24; Acts 1991, 72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991. § 101.013. DESIGNATION OF SECRETARY OF STATE. The secretary of state is designated as the state office to provide information regarding voter registration procedures and absentee ballot procedures, including procedures related to the federal write-in absentee ballot, to be used by persons eligible to vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), as amended. Added by Acts 2003, 78th Leg., ch. 1315, § 48, eff. Jan. 1, 2004.

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