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) 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) at least 30 days after the date the information is
submitted.
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.
§ 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 for a federal office
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.
§ 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.
