Special Procedures for Early Voting

Procedure for People who have moved from one Texas county to another Texas county

A. Limited Ballot. [Sec. 112.001]

1. The Election Code authorizes voting a limited ballot after changing county of residence.

2. A person voting a limited ballot under this chapter is entitled to vote only on each office or measure to be voted in a territorial unit (state or district) of which the person was a resident both before changing their county of residence and after the change.

B. Eligibility. [Sec. 112.002]

1. After changing residence to another county, a person is eligible to vote a limited ballot by personal appearance or by mail if:

a. the person would have been eligible to vote in the county of former residence on election day if still residing in that county; and

b. the person is registered to vote in the county of former residence at the time the person
1. offers to vote in the county of new residence; or
2. submitted a voter registration application in the county of new residence; and

c. a voter registration for the person in the county of new residence is not effective on or before election day.

2. A person is not eligible to vote a limited ballot by mail unless, in addition to satisfying the eligibility requirements prescribed above, the person is eligible to vote early by mail under the standard early by mail rules.

C. Submitting Request for Mail Ballot. [Sec. 112.005]

An application for a limited ballot to be voted by mail under this chapter must be submitted to the early voting clerk serving the election precinct in which the applicant currently resides.

D. Place for Voting by Personal Appearance. [Sec. 112.006]

A person may vote a limited ballot by personal appearance only at the main early voting polling place.

E. Verifying Registration Status of Applicant for Ballot. [Sec. 112.007]

1. Before providing a limited ballot to the applicant, the early voting clerk must verify, if possible, that the applicant does not have an effective voter registration in the county of new residence.

2. If the person has applied in the county of new residence for a voter registration that will be effective on or before Election Day, the limited ballot application must be rejected.

F. Notification to Voter Registrar. [Sec. 112.012]

Not later than the 30th day after receipt of an application for a limited ballot, the early voting clerk must notify the voter registrar of the voter’s former county of residence that the voter has applied for a limited ballot.

Procedure for Voters Moving from Texas to Another State

Voting Presidential Ballot by Former Resident.

A. “Presidential Ballot.” [Sec. 113.001]

The Election Code authorizes voting a presidential ballot for president and vice-president under certain circumstances.

SUM: the procedure helps former residents of Texas who have recently moved to another state but did not register in time to vote in the new state.

B. Eligibility. [Sec. 113.002]

A former resident is eligible to vote a presidential ballot under this chapter by personal appearance or by mail if the former resident:

1. is domiciled in another state;
2. was registered to vote in Texas 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.

C. Submitting Request for Mail Ballot. [Sec. 113.003]

An application for a presidential ballot to be voted by mail under this chapter must be submitted to the early voting clerk serving the county of the applicant’s most recent registration to vote.

D. Place for Voting by Personal Appearance. [Sec. 113.004-113.005]

1. The total time period for voting this ballot by personal appearance is the early voting period, plus the early voting clerk’s regular office hours between early voting and Election Day, then on Election Day.

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 under chapter 13 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.

2. 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.

E. Notification to Voter Registrar. [Sec. 113.006]

1. 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.

2. On receipt of the notice, the voter registrar shall cancel the voter’s registration.

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