ELECTION CODE
CHAPTER 114. VOTING FEDERAL BALLOT BY OVERSEAS CITIZEN
§ 114.001. DEFINITIONS. In this chapter:
(1) "Federal ballot" means a ballot voted under this
chapter that is restricted to federal offices only.
(2) "Federal office" means the offices of president
and vice-president of the United States, United States senator, or
United States representative.
(3) "United States" includes the several states and
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
and the Virgin Islands, but does not include any other territory or
possession of the United States.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.30; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 114.002. ELIGIBILITY. A United States citizen
dwelling outside the United States is eligible to vote a federal
ballot by mail if:
(1) the citizen's most recent domicile in the United
States was in this state and the citizen's intent to return to this
state is uncertain;
(2) the citizen would be eligible for registration as
a voter in this state if a resident; and
(3) the citizen is not eligible to vote on federal
offices in any other state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.30; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 114.003. OFFICES ON WHICH VOTER ENTITLED TO VOTE. A
person voting a federal ballot is entitled to vote only on each
federal office to be voted on in the election precinct of the
person's most recent domicile in this state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.30; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 114.004. APPLICATION. (a) An application for a
federal ballot must be submitted on an official federal postcard
application form.
(b) The application must be submitted to the early voting
clerk serving the election precinct of the applicant's most recent
domicile in this state.
(c) The period during which a federal ballot application may
be submitted is the same as that for submitting a federal postcard
application under Chapter 101.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.30; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 114.005. APPLYING FOR MORE THAN ONE ELECTION IN SAME
APPLICATION. The provisions governing the application for ballots
for more than one election by a single federal postcard application
under Chapter 101 apply to a federal ballot application.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.30; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 114.006. DETERMINING OFFICES TO BE VOTED ON. For each
voter who is to vote a federal ballot, the early voting clerk shall
determine the federal offices on which the voter is entitled to vote
and indicate them on the application or the jacket envelope.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.30; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
§ 114.007. METHOD OF PROVIDING BALLOT; REQUIRED
ADDRESS; RETURN OF BALLOT. (a) The balloting materials provided
under this chapter shall be airmailed to the voter free of United
States postage, as provided by the federal Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in
an envelope labeled "Official Election Balloting Material--via
Airmail." The secretary of state shall provide early voting clerks
with instructions on compliance with this subsection.
(b) The address to which the balloting materials are sent to
a voter must be an address outside the United States or an address
in the United States for forwarding or delivery to the voter at a
location outside the United States. If the address to which the
balloting materials are to be sent is within the county served by
the early voting clerk, the federal ballot application must
indicate that the balloting materials will be forwarded or
delivered to the voter at a location outside the United States.
(c) A ballot voted under this chapter may be returned to the
early voting clerk by mail, common or contract carrier, or courier.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 1.36; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349,
§ 46, eff. Sept. 1, 1997.
§ 114.008. OFFICIAL CARRIER ENVELOPE. The officially
prescribed carrier envelope for voting under this chapter shall be
labeled "Official Election Balloting Material--via Airmail."
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.30; Acts 1991, 72nd Leg., ch.
554, § 1, eff. Sept. 1, 1991.
