CHAPTER 113. VOTING PRESIDENTIAL BALLOT BY FORMER RESIDENT - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE C. RESTRICTED BALLOT

CHAPTER 113. VOTING PRESIDENTIAL BALLOT BY FORMER RESIDENT

Sec. 113.001. PRESIDENTIAL BALLOT. In this chapter,

"presidential ballot" means a ballot voted under this chapter

that is restricted to the offices of president and vice-president

of the United States.

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. 113.002. ELIGIBILITY. A former resident of this state is

eligible to vote a presidential ballot in the presidential

general election by personal appearance or by mail if the former

resident:

(1) is domiciled in another state;

(2) was registered to vote in this state at the time the former

resident ceased to be a resident;

(3) would be eligible for registration to vote in this state if

a resident; and

(4) on presidential election day will not have resided in the

state of present domicile for more than 30 days and is not

eligible to vote in the presidential election in that state.

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. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An

application for a presidential ballot to be voted by mail must be

submitted to the early voting clerk serving the county of the

applicant's most recent registration 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. 113.004. TIME AND PLACE FOR VOTING BY PERSONAL APPEARANCE.

(a) A person may vote a presidential ballot by personal

appearance only at the main early voting polling place for the

county of the person's most recent registration to vote.

(b) The period for voting presidential ballots by personal

appearance ends on presidential election day.

(c) Beginning on the day after the last day of the period for

early voting by personal appearance and through presidential

election day, the dates and hours for voting presidential ballots

by personal appearance are the dates and hours that the county

clerk's main business office is regularly open for business.

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. 113.005. PERSONAL APPEARANCE VOTING; PROCESSING RESULTS.

(a) On submission of an application for a presidential ballot to

be voted by personal appearance, the early voting clerk shall

review the application and verify the applicant's registration

status in accordance with the procedure applicable to early

voting by mail.

(b) The personal appearance voting shall be conducted with the

balloting materials for early voting by mail.

(c) The voter must mark and seal the ballot in the same manner

as if voting by mail except that the certificate on the carrier

envelope need not be completed.

(d) On sealing the carrier envelope, the voter must give it to

the clerk, who shall note on the envelope that the ballot is a

presidential ballot.

(e) The results of voting a presidential ballot by personal

appearance shall be processed in accordance with the procedures

applicable to processing early voting ballots voted by mail.

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. 113.006. CANCELING REGISTRATION. As soon as practicable

after the close of voting, the early voting clerk shall notify

the voter registrar of the name of each person who applied for a

presidential ballot whose name appears on the list of registered

voters. On receipt of the notice, the voter registrar shall

cancel the voter's registration.

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.