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.