CHAPTER 114. VOTING FEDERAL BALLOT BY OVERSEAS CITIZEN - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE C. RESTRICTED BALLOT

CHAPTER 114. VOTING FEDERAL BALLOT BY OVERSEAS CITIZEN

Sec. 114.001. DEFINITIONS. In this chapter:

(1) "Federal ballot" means a ballot voted under this chapter

that is restricted to federal offices only.

(2) "Federal office" means the offices of president and

vice-president of the United States, United States senator, or

United States representative.

(3) "United States" includes the several states and the District

of Columbia, the Commonwealth of Puerto Rico, Guam, and the

Virgin Islands, but does not include any other territory or

possession 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. 2.30; Acts 1991, 72nd

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

Sec. 114.002. ELIGIBILITY. A United States citizen dwelling

outside the United States is eligible to vote a federal ballot by

mail if:

(1) the citizen's most recent domicile in the United States was

in this state and the citizen's intent to return to this state is

uncertain;

(2) the citizen would be eligible for registration as a voter in

this state if a resident; and

(3) the citizen is not eligible to vote on federal offices in

any other state.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30; Acts 1991, 72nd

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

Sec. 114.003. OFFICES ON WHICH VOTER ENTITLED TO VOTE. A person

voting a federal ballot is entitled to vote only on each federal

office to be voted on in the election precinct of the person's

most recent domicile in this state.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30; Acts 1991, 72nd

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

Sec. 114.004. APPLICATION. (a) An application for a federal

ballot must be submitted on an official federal postcard

application form.

(b) The application must be submitted to the early voting clerk

serving the election precinct of the applicant's most recent

domicile in this state.

(c) The period during which a federal ballot application may be

submitted is the same as that for submitting a federal postcard

application under Chapter 101.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30; Acts 1991, 72nd

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

Sec. 114.005. APPLYING FOR MORE THAN ONE ELECTION IN SAME

APPLICATION. The provisions governing the application for

ballots for more than one election by a single federal postcard

application under Chapter 101 apply to a federal ballot

application.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30; Acts 1991, 72nd

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

Sec. 114.006. DETERMINING OFFICES TO BE VOTED ON. For each

voter who is to vote a federal ballot, the early voting clerk

shall determine the federal offices on which the voter is

entitled to vote and indicate them on the application or the

jacket envelope.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30; Acts 1991, 72nd

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

Sec. 114.007. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS;

RETURN OF BALLOT. (a) The balloting materials provided under

this chapter shall be airmailed to the voter free of United

States postage, as provided by the federal Uniformed and Overseas

Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.),

in an envelope labeled "Official Election Balloting Material--via

Airmail." The secretary of state shall provide early voting

clerks with instructions on compliance with this subsection.

(b) The address to which the balloting materials are sent to a

voter must be an address outside the United States or an address

in the United States for forwarding or delivery to the voter at a

location outside the United States. If the address to which the

balloting materials are to be sent is within the county served by

the early voting clerk, the federal ballot application must

indicate that the balloting materials will be forwarded or

delivered to the voter at a location outside the United States.

(c) A ballot voted under this chapter may be returned to the

early voting clerk by mail, common or contract carrier, or

courier.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 1.36; Acts 1991, 72nd

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

ch. 1349, Sec. 46, eff. Sept. 1, 1997.

Sec. 114.008. OFFICIAL CARRIER ENVELOPE. The officially

prescribed carrier envelope for voting under this chapter shall

be labeled "Official Election Balloting Material--via Airmail."

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.30; Acts 1991, 72nd

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