By Maxey                                        H.B. No. 2723

      75R6133 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of a federal postcard application for early

 1-3     voting by mail.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 114, Election Code, is amended to read as

 1-6     follows:

 1-7        CHAPTER 114.  VOTING BY FEDERAL POSTCARD APPLICANT [BALLOT BY

 1-8                              OVERSEAS CITIZEN]

 1-9           Sec. 114.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Limited [Federal] ballot" means a ballot voted

1-11     under this chapter that is restricted to statewide and

1-12     congressional [federal] offices only.

1-13                 (2)  "Congressional [Federal] office" means the office

1-14     [offices] of [president and vice-president of the United States,

1-15     United States senator, or] United States representative.

1-16                 (3)  "Federal postcard application" means an

1-17     application for a ballot to be voted under this chapter submitted

1-18     on the official federal form prescribed under the federal Uniformed

1-19     and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff

1-20     et seq.).

1-21                 (4)  "United States" includes the several states and

1-22     the District of Columbia, the Commonwealth of Puerto Rico, Guam,

1-23     and the Virgin Islands, but does not include any other territory or

1-24     possession of the United States.

 2-1           Sec. 114.002. ELIGIBILITY.  A person is eligible for voting a

 2-2     limited ballot by mail as provided by this chapter if the person

 2-3     is:

 2-4                 (1)  qualified to vote in this state or, if not

 2-5     registered to vote in this state, would be qualified if registered,

 2-6     and the person is:

 2-7                       (A)  a member of the armed forces of the United

 2-8     States, or the spouse or dependent of a member;

 2-9                       (B)  a member of the merchant marine of the

2-10     United States, or the spouse or dependent of a member; or

2-11                       (C)  domiciled in this state but temporarily

2-12     living outside the United States; or

2-13                 (2)  a United States citizen dwelling outside the

2-14     United States [is eligible to vote a federal ballot by mail] if:

2-15                       (A) [(1)]  the citizen's most recent domicile in

2-16     the United States was in this state and the citizen's intent to

2-17     return to this state is uncertain;

2-18                       (B) [(2)]  the citizen would be eligible for

2-19     registration as a voter in this state if a resident; and

2-20                       (C) [(3)]  the citizen is not eligible to vote on

2-21     federal offices in any other state.

2-22           Sec. 114.003. OFFICES ON WHICH VOTER ENTITLED TO VOTE.  A

2-23     person voting a limited [federal] ballot is entitled to vote only

2-24     on each statewide or congressional [federal] office to be voted on

2-25     in the election  precinct of the person's current or most recent

2-26     domicile in this state, except that a person is not entitled to

2-27     vote on a congressional office unless the person provides in the

 3-1     application an address of a domicile in this state.

 3-2           Sec. 114.004. APPLICATION.  (a)  An application for a limited

 3-3     [federal] ballot must be submitted on an official federal postcard

 3-4     application form.

 3-5           (b)  The application must be submitted to the secretary of

 3-6     state [early voting clerk serving the election precinct of the

 3-7     applicant's most  recent domicile in this state].

 3-8           (c)  A federal postcard application may be submitted at any

 3-9     time during the calendar year in which the election for which a

3-10     ballot is requested occurs, but not later than the deadline for

3-11     submitting a regular application for a ballot to be voted by mail.

3-12     A federal postcard application requesting a ballot for an election

3-13     to be held in January or February may be submitted in the preceding

3-14     calendar year but not earlier than the earliest date for submitting

3-15     a regular application for a ballot to be voted by mail [The period

3-16     during which a federal ballot application may be submitted is the

3-17     same as that for submitting a federal postcard application under

3-18     Chapter 101].

3-19           (d)  The secretary of state shall perform the duties of the

3-20     early voting clerk for an application submitted under this chapter.

3-21           Sec. 114.005.  APPLYING FOR MORE THAN ONE ELECTION IN SAME

3-22     APPLICATION.  (a)  A person may apply with a single federal

3-23     postcard application for a ballot for any one or more elections in

3-24     which the secretary of state conducts early voting.

3-25           (b)  An application that does not identify the election for

3-26     which a ballot is requested shall be treated as if it requests a

3-27     ballot for:

 4-1                 (1)  each general election for a statewide or

 4-2     congressional office in which the secretary of state conducts early

 4-3     voting; and

 4-4                 (2)  the general primary election for a statewide or

 4-5     congressional office if the application indicates party preference

 4-6     and is submitted to the secretary of state for the primary.

 4-7           (c)  An application shall be treated as if it requests a

 4-8     ballot for a runoff election that results from an election for

 4-9     which a ballot is requested.

4-10           (d)  An application requesting a ballot for more than one

4-11     election shall be preserved for the period for preserving the

4-12     precinct election records for the last election for which the

4-13     application is effective [The provisions governing the application

4-14     for ballots for more than one election by a single federal postcard

4-15     application under Chapter 101 apply to a federal ballot

4-16     application].

4-17           Sec. 114.006. DETERMINING OFFICES TO BE VOTED ON.  For each

4-18     voter who is to vote a limited [federal] ballot, the secretary of

4-19     state [early voting clerk] shall determine the statewide or

4-20     congressional [federal] offices on which the voter is entitled to

4-21     vote and indicate them on the application or the jacket envelope.

4-22           Sec. 114.007. METHOD OF PROVIDING BALLOT;  REQUIRED ADDRESS;

4-23     RETURN OF BALLOT.  (a)  The balloting materials provided under this

4-24     chapter shall be airmailed to the voter free of United States

4-25     postage, as provided by the federal Uniformed and Overseas Citizens

4-26     Absentee Voting [Rights] Act (42 U.S.C. Section 1973ff  et seq.)

4-27     [of 1975], in an envelope labeled "Official Election Balloting

 5-1     Material--via Airmail."  [The secretary of state shall provide

 5-2     early voting clerks with instructions on compliance with this

 5-3     subsection.]

 5-4           (b)  The address to which the balloting materials are sent to

 5-5     a voter must be an address outside the county of the voter's

 5-6     residence [United States] or an address in the United States for

 5-7     forwarding or  delivery to the voter at a location outside the

 5-8     United States. If the address to which the balloting materials are

 5-9     to be sent is within the county served by the early voting clerk,

5-10     the limited [federal] ballot application must indicate that the

5-11     balloting materials will be forwarded or delivered to the voter at

5-12     a location outside the United States.

5-13           (c)  A ballot voted under this chapter may be returned to the

5-14     secretary of state [early voting clerk] by mail, common or contract

5-15     carrier, or  courier.

5-16           Sec. 114.008.  OFFICIAL CARRIER ENVELOPE.  The officially

5-17     prescribed carrier envelope for voting under this chapter shall be

5-18     labeled "Official Election Balloting Material--via Airmail."

5-19           Sec. 114.009.  FEDERAL POSTCARD VOTER REGISTRATION.  The

5-20     submission of a federal postcard application that complies with the

5-21     applicable requirements by an unregistered applicant constitutes

5-22     registration by the applicant only for the purpose of voting in the

5-23     election for which a ballot is requested.

5-24           Sec. 114.010.  COUNTING OF BALLOTS.  The secretary of state

5-25     shall prescribe procedures for the tabulation of ballots returned

5-26     under this chapter.  The procedures must require that all votes:

5-27                 (1)  for a statewide office be included in the

 6-1     statewide total for the office and in a separate category for

 6-2     ballots voted under this chapter; and

 6-3                 (2)  for a congressional office be included in the

 6-4     total for the congressional district and in a separate category for

 6-5     ballots voted under this chapter in that congressional district.

 6-6           SECTION 2.  Chapter 101, Election Code, is repealed.

 6-7           SECTION 3.  This Act takes effect September 1, 1997.

 6-8           SECTION 4.  The importance of this legislation and the

 6-9     crowded condition of the calendars in both houses create an

6-10     emergency and an imperative public necessity that the

6-11     constitutional rule requiring bills to be read on three several

6-12     days in each house be suspended, and this rule is hereby suspended.