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.