By Berlanga H.B. No. 3056
75R5871 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) "Federal ballot" means a ballot voted under this
1-11 chapter that is restricted to federal offices only.
1-12 (2) "Federal office" means the offices of president
1-13 and vice-president of the United States, United States senator, or
1-14 United States representative.
1-15 (3) "Federal postcard application" means an
1-16 application for a ballot to be voted under this chapter submitted
1-17 on the official federal form prescribed under the federal Uniformed
1-18 and Overseas Citizens Absentee Voting Act (42 U.S.C. Section
1-19 1973ff et seq.).
1-20 (4) "United States" includes the several states and
1-21 the District of Columbia, the Commonwealth of Puerto Rico, Guam,
1-22 and the Virgin Islands, but does not include any other territory or
1-23 possession of the United States.
1-24 Sec. 114.002. ELIGIBILITY. A person is eligible for voting
2-1 a federal ballot by mail as provided by this chapter if the person
2-2 is:
2-3 (1) qualified to vote in this state or, if not
2-4 registered to vote in this state, would be qualified if registered,
2-5 and the person is:
2-6 (A) a member of the armed forces of the United
2-7 States, or the spouse or dependent of a member;
2-8 (B) a member of the merchant marine of the
2-9 United States, or the spouse or dependent of a member; or
2-10 (C) domiciled in this state but temporarily
2-11 living outside the United States; or
2-12 (2) a United States citizen dwelling outside the
2-13 United States [is eligible to vote a federal ballot by mail] if:
2-14 (A) [(1)] the citizen's most recent domicile in
2-15 the United States was in this state and the citizen's intent to
2-16 return to this state is uncertain;
2-17 (B) [(2)] the citizen would be eligible for
2-18 registration as a voter in this state if a resident; and
2-19 (C) [(3)] the citizen is not eligible to vote on
2-20 federal offices in any other state.
2-21 Sec. 114.003. OFFICES ON WHICH VOTER ENTITLED TO VOTE. A
2-22 person voting a federal ballot is entitled to vote only on each
2-23 federal office to be voted on in the election precinct of the
2-24 person's current or most recent domicile in this state.
2-25 Sec. 114.004. APPLICATION. (a) An application for a
2-26 federal ballot must be submitted on an official federal postcard
2-27 application form.
3-1 (b) The application must be submitted to the early voting
3-2 clerk serving the election precinct of the applicant's current or
3-3 most recent domicile in this state.
3-4 (c) A federal postcard application may be submitted at any
3-5 time during the calendar year in which the election for which a
3-6 ballot is requested occurs, but not later than the deadline for
3-7 submitting a regular application for a ballot to be voted by mail.
3-8 A federal postcard application requesting a ballot for an election
3-9 to be held in January or February may be submitted in the preceding
3-10 calendar year but not earlier than the earliest date for submitting
3-11 a regular application for a ballot to be voted by mail [The period
3-12 during which a federal ballot application may be submitted is the
3-13 same as that for submitting a federal postcard application under
3-14 Chapter 101].
3-15 (d) A timely application that is addressed to the wrong
3-16 early voting clerk shall be forwarded to the proper early voting
3-17 clerk not later than the day after the date it is received by the
3-18 wrong clerk.
3-19 Sec. 114.005. APPLYING FOR MORE THAN ONE ELECTION IN SAME
3-20 APPLICATION. (a) A person may apply with a single federal
3-21 postcard application for a ballot for any one or more elections in
3-22 which the early voting clerk to whom the application is submitted
3-23 conducts early voting.
3-24 (b) An application that does not identify the election for
3-25 which a ballot is requested shall be treated as if it requests a
3-26 ballot for:
3-27 (1) each general election for a federal office in
4-1 which the clerk conducts early voting; and
4-2 (2) the general primary election for a federal office
4-3 if the application indicates party preference and is submitted to
4-4 the early voting clerk for the primary.
4-5 (c) An application shall be treated as if it requests a
4-6 ballot for a runoff election that results from an election for
4-7 which a ballot is requested.
4-8 (d) An application requesting a ballot for more than one
4-9 election shall be preserved for the period for preserving the
4-10 precinct election records for the last election for which the
4-11 application is effective [The provisions governing the application
4-12 for ballots for more than one election by a single federal postcard
4-13 application under Chapter 101 apply to a federal ballot
4-14 application].
4-15 Sec. 114.006. DETERMINING OFFICES TO BE VOTED ON. For each
4-16 voter who is to vote a federal ballot, the early voting clerk shall
4-17 determine the federal offices on which the voter is entitled to
4-18 vote and indicate them on the application or the jacket envelope.
4-19 Sec. 114.007. METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS;
4-20 RETURN OF BALLOT. (a) The balloting materials provided under this
4-21 chapter shall be airmailed to the voter free of United States
4-22 postage, as provided by the federal Uniformed and Overseas Citizens
4-23 Absentee Voting [Rights] Act (42 U.S.C. Section 1973ff et seq.)
4-24 [of 1975], in an envelope labeled "Official Election Balloting
4-25 Material--via Airmail." The secretary of state shall provide early
4-26 voting clerks with instructions on compliance with this subsection.
4-27 (b) The address to which the balloting materials are sent to
5-1 a voter must be an address outside the county of the voter's
5-2 residence [United States] or an address in the United States for
5-3 forwarding or delivery to the voter at a location outside the
5-4 United States. If the address to which the balloting materials are
5-5 to be sent is within the county served by the early voting clerk,
5-6 the federal ballot application must indicate that the balloting
5-7 materials will be forwarded or delivered to the voter at a location
5-8 outside the United States.
5-9 (c) A ballot voted under this chapter may be returned to the
5-10 early voting clerk by mail, common or contract carrier, or courier.
5-11 Sec. 114.008. OFFICIAL CARRIER ENVELOPE. The officially
5-12 prescribed carrier envelope for voting under this chapter shall be
5-13 labeled "Official Election Balloting Material--via Airmail."
5-14 Sec. 114.009. FEDERAL POSTCARD VOTER REGISTRATION. The
5-15 submission of a federal postcard application that complies with the
5-16 applicable requirements by an unregistered applicant constitutes
5-17 registration by the applicant only for the purpose of voting in the
5-18 election for which a ballot is requested.
5-19 SECTION 2. Chapter 101, Election Code, is repealed.
5-20 SECTION 3. This Act takes effect September 1, 1997.
5-21 SECTION 4. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.