CHAPTER 112. VOTING LIMITED BALLOT AFTER CHANGING COUNTY OF RESIDENCE - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE C. RESTRICTED BALLOT

CHAPTER 112. VOTING LIMITED BALLOT AFTER CHANGING COUNTY OF

RESIDENCE

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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;

(2) the person is registered to vote in the county of former

residence at the time the person offers to vote in the county of

new residence; and

(3) 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.

(e) A statement executed under Subsection (c) may include space

for disclosure of any necessary information to enable the person

to register to vote under Chapter 13.

(f) The secretary of state shall prescribe the form of a

statement executed under Subsection (c).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,

ch. 1316, Sec. 33, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1120, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 11, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,

ch. 1350, Sec. 6, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.

1381, Sec. 24, eff. Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 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, Sec. 8, eff. Sept. 1,

1987. Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts

1991, 72nd Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.