ELECTION CODE

CHAPTER 105. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS OVERSEAS


	§ 105.001.  ELECTRONIC TRANSMISSION OF COMPLETED 
BALLOT.  (a)  The secretary of state shall prescribe procedures to 
allow a person who is casting an early voting ballot by mail to 
return the ballot by telephonic facsimile machine or similar 
electronic means if the person:
		(1)  is a member of the armed forces of the United 
States who is on active duty overseas, or the spouse or a dependent 
of the member;  and
		(2)  is casting the ballot from an area:                                      
			(A)  in which members of the armed forces are 
eligible to receive hostile fire pay or imminent danger pay;  or
			(B)  that has been designated by the president of 
the United States as a combat zone.
	(b)  The procedures must:                                                      
		(1)  provide for verification of the voter;                                   
		(2)  provide for the security of the transmission;  and                       
		(3)  require the early voting clerk to maintain a 
record of each ballot received under this section.
	(c)  A ballot transmitted under this section or by mail may 
not be counted if the ballot has previously been transmitted to the 
early voting clerk by electronic means under this section.

Added by Acts 1997, 75th Leg., ch. 1349, § 45, eff. Sept. 1, 
1997.       


	§ 105.002.  STATE WRITE-IN BALLOT.  (a)  The secretary 
of state shall prescribe procedures to allow a voter to apply for 
and cast a state write-in ballot before the time a voter may receive 
a regular ballot to be voted by mail if the voter:
		(1)  is a member of the armed forces of the United 
States or the spouse or a dependent of a member;
		(2)  is unable to cast a ballot on election day or 
during the regular period for early voting because of a military 
contingency;  and
		(3)  makes an application on an official federal 
postcard application form that:
			(A)  indicates that the person desires a state 
write-in ballot;  and       
			(B)  contains the information that is required for 
registration under Title 2.
	(b)  An application for a ballot under this section may not 
be submitted earlier than the 180th day before election day.  If an 
application under this section is received after the time that 
regularly printed ballots become available, the early voting clerk 
shall send the applicant a regularly printed ballot.
	(c)  The secretary of state shall prescribe the form of the 
ballot to allow a voter to cast a vote in each federal, state, or 
local race in the election.  The ballot must allow a voter to write 
in the name of a candidate or, if applicable, cast a straight-party 
vote.
	(d)  If a person casts a ballot under this section and under 
Chapter 114, the early voting clerk shall examine both ballots to 
determine the voter's intent.

Added by Acts 1997, 75th Leg., ch. 1349, § 45, eff. Sept. 1, 
1997.  Amended by Acts 1999, 76th Leg., ch. 62, § 5.11, eff. 
Sept. 1, 1999.


	§ 105.003.  USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR 
ELECTIONS FOR FEDERAL OFFICE.  The secretary of state shall 
prescribe procedures to allow a voter who qualifies to vote by a 
federal write-in absentee ballot to vote through use of a federal 
write-in absentee ballot in any general, special, primary, or 
runoff election for federal office.

Added by Acts 2003, 78th Leg., ch. 566, § 1, eff. Sept. 1, 2003.