State Codes and Statutes
Statutes > Texas > Election-code > Title-7-early-voting > Chapter-105-voting-by-military-personnel-or-other-persons-overseas
ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE B. SPECIAL FORMS OF EARLY VOTING
CHAPTER 105. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS
OVERSEAS
Sec. 105.001. ELECTRONIC TRANSMISSION OF COMPLETED BALLOT. (a)
The secretary of state shall prescribe procedures to allow a
person who is casting an early voting ballot by mail to return
the ballot by telephonic facsimile machine or similar electronic
means if the person:
(1) is a member of the armed forces of the United States who is
on active duty overseas, or the spouse or a dependent of the
member; and
(2) is casting the ballot from an area:
(A) in which members of the armed forces are eligible to receive
hostile fire pay or imminent danger pay; or
(B) that has been designated by the president of the United
States as a combat zone.
(b) The procedures must:
(1) provide for verification of the voter;
(2) provide for the security of the transmission; and
(3) require the early voting clerk to maintain a record of each
ballot received under this section.
(c) A ballot transmitted under this section or by mail may not
be counted if the ballot has previously been transmitted to the
early voting clerk by electronic means under this section.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 45, eff. Sept. 1,
1997.
Sec. 105.002. STATE WRITE-IN BALLOT. (a) The secretary of
state shall prescribe procedures to allow a voter to apply for
and cast a state write-in ballot before the time a voter may
receive a regular ballot to be voted by mail if the voter:
(1) is a member of the armed forces of the United States or the
spouse or a dependent of a member;
(2) is unable to cast a ballot on election day or during the
regular period for early voting because of a military
contingency; and
(3) makes an application on an official federal postcard
application form that:
(A) indicates that the person desires a state write-in ballot;
and
(B) contains the information that is required for registration
under Title 2.
(b) An application for a ballot under this section may not be
submitted earlier than the 180th day before election day. If an
application under this section is received after the time that
regularly printed ballots become available, the early voting
clerk shall send the applicant a regularly printed ballot.
(c) The secretary of state shall prescribe the form of the
ballot to allow a voter to cast a vote in each federal, state, or
local race in the election. The ballot must allow a voter to
write in the name of a candidate or, if applicable, cast a
straight-party vote.
(d) If a person casts a ballot under this section and under
Chapter 114, the early voting clerk shall examine both ballots to
determine the voter's intent.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 45, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.11, eff.
Sept. 1, 1999.
Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall
prescribe procedures to allow a voter who qualifies to vote by a
federal write-in absentee ballot to vote through use of a federal
write-in absentee ballot in any general, special, primary, or
runoff election for federal office.
Added by Acts 2003, 78th Leg., ch. 566, Sec. 1, eff. Sept. 1,
2003.
State Codes and Statutes
Statutes > Texas > Election-code > Title-7-early-voting > Chapter-105-voting-by-military-personnel-or-other-persons-overseas
ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE B. SPECIAL FORMS OF EARLY VOTING
CHAPTER 105. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS
OVERSEAS
Sec. 105.001. ELECTRONIC TRANSMISSION OF COMPLETED BALLOT. (a)
The secretary of state shall prescribe procedures to allow a
person who is casting an early voting ballot by mail to return
the ballot by telephonic facsimile machine or similar electronic
means if the person:
(1) is a member of the armed forces of the United States who is
on active duty overseas, or the spouse or a dependent of the
member; and
(2) is casting the ballot from an area:
(A) in which members of the armed forces are eligible to receive
hostile fire pay or imminent danger pay; or
(B) that has been designated by the president of the United
States as a combat zone.
(b) The procedures must:
(1) provide for verification of the voter;
(2) provide for the security of the transmission; and
(3) require the early voting clerk to maintain a record of each
ballot received under this section.
(c) A ballot transmitted under this section or by mail may not
be counted if the ballot has previously been transmitted to the
early voting clerk by electronic means under this section.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 45, eff. Sept. 1,
1997.
Sec. 105.002. STATE WRITE-IN BALLOT. (a) The secretary of
state shall prescribe procedures to allow a voter to apply for
and cast a state write-in ballot before the time a voter may
receive a regular ballot to be voted by mail if the voter:
(1) is a member of the armed forces of the United States or the
spouse or a dependent of a member;
(2) is unable to cast a ballot on election day or during the
regular period for early voting because of a military
contingency; and
(3) makes an application on an official federal postcard
application form that:
(A) indicates that the person desires a state write-in ballot;
and
(B) contains the information that is required for registration
under Title 2.
(b) An application for a ballot under this section may not be
submitted earlier than the 180th day before election day. If an
application under this section is received after the time that
regularly printed ballots become available, the early voting
clerk shall send the applicant a regularly printed ballot.
(c) The secretary of state shall prescribe the form of the
ballot to allow a voter to cast a vote in each federal, state, or
local race in the election. The ballot must allow a voter to
write in the name of a candidate or, if applicable, cast a
straight-party vote.
(d) If a person casts a ballot under this section and under
Chapter 114, the early voting clerk shall examine both ballots to
determine the voter's intent.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 45, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.11, eff.
Sept. 1, 1999.
Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall
prescribe procedures to allow a voter who qualifies to vote by a
federal write-in absentee ballot to vote through use of a federal
write-in absentee ballot in any general, special, primary, or
runoff election for federal office.
Added by Acts 2003, 78th Leg., ch. 566, Sec. 1, eff. Sept. 1,
2003.
State Codes and Statutes
Statutes >
Texas >
Election-code >
Title-7-early-voting >
Chapter-105-voting-by-military-personnel-or-other-persons-overseas ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE B. SPECIAL FORMS OF EARLY VOTING
CHAPTER 105. VOTING BY MILITARY PERSONNEL OR OTHER PERSONS
OVERSEAS
Sec. 105.001. ELECTRONIC TRANSMISSION OF COMPLETED BALLOT. (a)
The secretary of state shall prescribe procedures to allow a
person who is casting an early voting ballot by mail to return
the ballot by telephonic facsimile machine or similar electronic
means if the person:
(1) is a member of the armed forces of the United States who is
on active duty overseas, or the spouse or a dependent of the
member; and
(2) is casting the ballot from an area:
(A) in which members of the armed forces are eligible to receive
hostile fire pay or imminent danger pay; or
(B) that has been designated by the president of the United
States as a combat zone.
(b) The procedures must:
(1) provide for verification of the voter;
(2) provide for the security of the transmission; and
(3) require the early voting clerk to maintain a record of each
ballot received under this section.
(c) A ballot transmitted under this section or by mail may not
be counted if the ballot has previously been transmitted to the
early voting clerk by electronic means under this section.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 45, eff. Sept. 1,
1997.
Sec. 105.002. STATE WRITE-IN BALLOT. (a) The secretary of
state shall prescribe procedures to allow a voter to apply for
and cast a state write-in ballot before the time a voter may
receive a regular ballot to be voted by mail if the voter:
(1) is a member of the armed forces of the United States or the
spouse or a dependent of a member;
(2) is unable to cast a ballot on election day or during the
regular period for early voting because of a military
contingency; and
(3) makes an application on an official federal postcard
application form that:
(A) indicates that the person desires a state write-in ballot;
and
(B) contains the information that is required for registration
under Title 2.
(b) An application for a ballot under this section may not be
submitted earlier than the 180th day before election day. If an
application under this section is received after the time that
regularly printed ballots become available, the early voting
clerk shall send the applicant a regularly printed ballot.
(c) The secretary of state shall prescribe the form of the
ballot to allow a voter to cast a vote in each federal, state, or
local race in the election. The ballot must allow a voter to
write in the name of a candidate or, if applicable, cast a
straight-party vote.
(d) If a person casts a ballot under this section and under
Chapter 114, the early voting clerk shall examine both ballots to
determine the voter's intent.
Added by Acts 1997, 75th Leg., ch. 1349, Sec. 45, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 5.11, eff.
Sept. 1, 1999.
Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall
prescribe procedures to allow a voter who qualifies to vote by a
federal write-in absentee ballot to vote through use of a federal
write-in absentee ballot in any general, special, primary, or
runoff election for federal office.
Added by Acts 2003, 78th Leg., ch. 566, Sec. 1, eff. Sept. 1,
2003.
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