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.