CHAPTER 113. VOTING PRESIDENTIAL BALLOT BY FORMER RESIDENT
ELECTION CODE
TITLE 7. EARLY VOTING
SUBTITLE C. RESTRICTED BALLOT
CHAPTER 113. VOTING PRESIDENTIAL BALLOT BY FORMER RESIDENT
Sec. 113.001. PRESIDENTIAL BALLOT. In this chapter,
"presidential ballot" means a ballot voted under this chapter
that is restricted to the offices of president and vice-president
of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 113.002. ELIGIBILITY. A former resident of this state is
eligible to vote a presidential ballot in the presidential
general election by personal appearance or by mail if the former
resident:
(1) is domiciled in another state;
(2) was registered to vote in this state at the time the former
resident ceased to be a resident;
(3) would be eligible for registration to vote in this state if
a resident; and
(4) on presidential election day will not have resided in the
state of present domicile for more than 30 days and is not
eligible to vote in the presidential election in that state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An
application for a presidential ballot to be voted by mail must be
submitted to the early voting clerk serving the county of the
applicant's most recent registration to vote.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 113.004. TIME AND PLACE FOR VOTING BY PERSONAL APPEARANCE.
(a) A person may vote a presidential ballot by personal
appearance only at the main early voting polling place for the
county of the person's most recent registration to vote.
(b) The period for voting presidential ballots by personal
appearance ends on presidential election day.
(c) Beginning on the day after the last day of the period for
early voting by personal appearance and through presidential
election day, the dates and hours for voting presidential ballots
by personal appearance are the dates and hours that the county
clerk's main business office is regularly open for business.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 113.005. PERSONAL APPEARANCE VOTING; PROCESSING RESULTS.
(a) On submission of an application for a presidential ballot to
be voted by personal appearance, the early voting clerk shall
review the application and verify the applicant's registration
status in accordance with the procedure applicable to early
voting by mail.
(b) The personal appearance voting shall be conducted with the
balloting materials for early voting by mail.
(c) The voter must mark and seal the ballot in the same manner
as if voting by mail except that the certificate on the carrier
envelope need not be completed.
(d) On sealing the carrier envelope, the voter must give it to
the clerk, who shall note on the envelope that the ballot is a
presidential ballot.
(e) The results of voting a presidential ballot by personal
appearance shall be processed in accordance with the procedures
applicable to processing early voting ballots voted by mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.
Sec. 113.006. CANCELING REGISTRATION. As soon as practicable
after the close of voting, the early voting clerk shall notify
the voter registrar of the name of each person who applied for a
presidential ballot whose name appears on the list of registered
voters. On receipt of the notice, the voter registrar shall
cancel the voter's registration.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.29; Acts 1991, 72nd
Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.