ELECTION CODE
CHAPTER 112. VOTING LIMITED BALLOT AFTER CHANGING COUNTY OF
RESIDENCE
§ 112.001. LIMITED BALLOT. In this code, "limited
ballot" means a ballot voted under this chapter that is restricted
to the offices and propositions stating measures on which a person
is entitled to vote under Section 112.004.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.002. ELIGIBILITY. (a) After changing residence
to another county, a person is eligible to vote a limited ballot by
personal appearance during the early voting period or by mail if:
(1) the person would have been eligible to vote in the
county of former residence on election day if still residing in that
county; and
(2) a voter registration for the person in the county
of new residence is not effective on or before election day.
(b) A person is not eligible to vote a limited ballot by mail
unless, in addition to satisfying the eligibility requirements
prescribed by Subsection (a), the person is eligible for early
voting by mail under Chapter 82.
(c) Before being accepted for voting under this chapter, the
voter must execute a statement including:
(1) a statement that the voter satisfies the
applicable requirements prescribed by Subsection (a);
(2) the voter's residence address or, if the residence
has no address, the address at which the voter receives mail and a
concise description of the voter's residence;
(3) the month, day, and year of the voter's birth; and
(4) the date the statement is executed.
(d) A statement executed under Subsection (c) shall be
submitted:
(1) to an election officer at the main early voting
polling place, if the person is voting by personal appearance; or
(2) with the person's application for a ballot to be
voted by mail, if the person is voting by mail.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1316,
§ 33, eff. Sept. 1, 2003.
§ 112.003. RESIDENCE IN PRECINCT SITUATED IN MORE THAN
ONE COUNTY. A person who changes county of residence may vote in
the regular manner in an election ordered by an authority of a
political subdivision situated in more than one county if the
person resides in the same election precinct both before and after
changing county of residence and the person's voter registration in
the county of former residence is effective at the time the person
offers to vote.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED
TO VOTE. A person voting a limited ballot is entitled to vote only
on:
(1) each office and proposition stating a measure to
be voted on statewide; and
(2) each office and proposition stating a measure to
be voted on in a territorial unit of which the person was a resident
both before changing county of residence and after the change.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.005. SUBMITTING APPLICATION FOR MAIL BALLOT. An
application for a limited ballot to be voted by mail must be
submitted to the early voting clerk serving the election precinct
in which the applicant resides.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE. A
person may vote a limited ballot by personal appearance only at the
main early voting polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1350,
§ 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1381, § 24,
eff. Sept. 1, 1997.
§ 112.007. VERIFYING REGISTRATION STATUS OF APPLICANT
FOR BALLOT. Before accepting an applicant to vote a limited ballot
or, in the case of an application for a limited ballot to be voted by
mail, before providing a ballot to the applicant, the early voting
clerk shall verify, if possible, that the applicant does not have an
effective voter registration in the county of new residence. If the
person has applied in the county of new residence for a voter
registration that will be effective on or before election day, the
limited ballot application shall be rejected.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.008. DETERMINING OFFICES AND MEASURES TO BE VOTED
ON. For each person who is to vote a limited ballot, the early
voting clerk shall determine the offices and propositions stating
measures on which the person is entitled to vote and shall indicate
them on the person's application.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.009. PREPARING VOTING MACHINE. Before permitting
a person to vote a limited ballot on a voting machine, the early
voting clerk shall adjust the machine so that votes may be cast only
on the offices and propositions stating measures on which the voter
is entitled to vote.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.010. SUBSTITUTING MAIL BALLOTS FOR VOTING
MACHINE. (a) If early voting by personal appearance is conducted
by voting machine, the early voting clerk may conduct the personal
appearance voting of limited ballots by using official ballots for
early voting by mail.
(b) The secretary of state may provide for the use of
envelopes or other containers instead of ballot boxes for voters to
deposit ballots voted under this section.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.011. INFORMATION ON DISTRICT
COMPOSITION. (a) In each even-numbered year, the secretary of
state shall prepare information on the territorial composition of
each district for which an officer of the state government is
regularly elected at the general election for state and county
officers.
(b) The information must include the data necessary to
enable an early voting clerk to determine the district offices on
which a voter under this chapter is eligible to vote.
(c) The secretary shall deliver the information to each
county clerk before the 20th day before general primary election
day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 112.012. NOTIFICATION TO VOTER REGISTRAR. Not later
than the 30th day after receipt of an application for a limited
ballot, the early voting clerk shall notify the voter registrar for
the voter's former county of residence that the voter has applied
for a limited ballot.
Added by Acts 1987, 70th Leg., ch. 436, § 8, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 203, § 2.29; Acts 1991,
72nd Leg., ch. 554, § 1, eff. Sept. 1, 1991.