CHAPTER 105. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS OVERSEAS - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE B. SPECIAL FORMS OF EARLY VOTING

CHAPTER 105. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS

OVERSEAS

Sec. 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, Sec. 45, eff. Sept. 1,

1997.

Sec. 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, Sec. 45, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.11, eff.

Sept. 1, 1999.

Sec. 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, Sec. 1, eff. Sept. 1,

2003.