By Madden                                             H.B. No. 1819
         77R4653 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of write-in absentee ballots by military and
 1-3     overseas personnel.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 105.002(a), Election Code, is amended to
 1-6     read as follows:
 1-7           (a)  The secretary of state shall prescribe procedures to
 1-8     allow a voter to apply for and cast a state write-in ballot before
 1-9     the time a voter may receive a regular ballot to be voted by mail
1-10     if the voter:
1-11                 (1)  is:
1-12                       (A)  a member of the armed forces of the United
1-13     States, or the spouse or a dependent of a member;
1-14                       (B)  a member of the merchant marine of the
1-15     United States, or the spouse or a dependent of a member; or
1-16                       (C)  domiciled in this state but temporarily
1-17     living outside the territorial limits of the United States and the
1-18     District of Columbia;
1-19                 (2)  is unable to cast a ballot on election day or
1-20     during the regular period for early voting because of a military or
1-21     other contingency that precludes normal mail delivery; and
1-22                 (3)  makes an application on an official federal
1-23     postcard application form that:
1-24                       (A)  indicates that the person desires a state
 2-1     write-in ballot; and
 2-2                       (B)  contains the information that is required
 2-3     for registration under Title 2.
 2-4           SECTION 2. Chapter 105, Election Code, is amended by adding
 2-5     Sections 105.003 and 105.004 to read as follows:
 2-6           Sec. 105.003.  USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
 2-7     STATE AND LOCAL ELECTIONS.  The secretary of state shall prescribe
 2-8     procedures to allow a voter who qualifies to vote by a federal
 2-9     write-in absentee ballot to vote in any general, special, primary,
2-10     or runoff election held in this state, including elections for
2-11     federal, state, and local offices.
2-12           Sec. 105.004.  USE OF FEDERAL WRITE-IN ABSENTEE BALLOT AS
2-13     REGISTRATION REQUEST.  (a)  A person who qualifies to vote by a
2-14     federal write-in absentee ballot may use the transmission envelope
2-15     for the absentee ballot as a request to register to vote in the
2-16     election for which the absentee ballot is submitted if:
2-17                 (1)  the envelope contains the information that is
2-18     required for registration under Title 2; and
2-19                 (2)  the person submits the envelope to the early
2-20     voting clerk on or before the 30th day before election day.
2-21           (b)  The secretary of state shall prescribe procedures as
2-22     necessary to implement this section.
2-23           SECTION 3. The chapter heading to Chapter 105, Election Code,
2-24     is amended to read as follows:
2-25         CHAPTER 105.  VOTING BY MILITARY PERSONNEL OR OTHER PERSONS
2-26                                  OVERSEAS
2-27           SECTION 4. This Act takes effect September 1, 2001.