85R4072 SRS-F
By: Cyrier H.B. No. 1077
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain citizens residing outside
the United States to vote a full ballot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.001, Election Code, is amended to
read as follows:
Sec. 101.001. ELIGIBILITY. (a) A person is eligible for
early voting by mail as provided by this chapter if:
(1) the person is qualified to vote in this state or,
if not registered to vote in this state, would be qualified if
registered; and
(2) the person is:
(A) a member of the armed forces of the United
States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the United
States, or the spouse or a dependent of a member; or
(C) domiciled in this state but temporarily
living outside the territorial limits of the United States and the
District of Columbia.
(b) Notwithstanding Subsection (a) and Chapter 114, a
person who indicates on a federal postcard application that the
person is a United States citizen residing outside the United
States indefinitely is entitled to vote a full ballot as provided by
this chapter if the person is otherwise eligible to vote under this
chapter and is a registered voter at the address contained on the
application.
SECTION 2. Section 101.052, Election Code, is amended by
adding Subsection (n) to read as follows:
(n) The early voting clerk shall provide notice to a person
who indicates on a federal postcard application that the person is a
United States citizen residing outside the United States
indefinitely, other than a person described by Section 101.001(b),
that as a result of the person's indication, the person is only
eligible to vote a federal ballot as provided by Chapter 114. The
secretary of state shall prescribe the form and manner of the notice
provided under this subsection.
SECTION 3. Subchapter B, Chapter 101, Election Code, is
amended by adding Section 101.059 to read as follows:
Sec. 101.059. NOTICE ON COUNTY WEBSITE FOR CITIZENS
RESIDING OUTSIDE OF UNITED STATES INDEFINITELY. If a county
maintains an Internet website to provide information on voting, the
website must include information that describes the effects on the
ballot a person will receive under state law if the person indicates
on a federal postcard application that the person is a United States
citizen residing outside the United States indefinitely.
SECTION 4. Section 114.002, Election Code, is amended to
read as follows:
Sec. 114.002. ELIGIBILITY. A United States citizen
residing [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 is residing outside the
United States indefinitely [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.
SECTION 5. The change in law made by this Act applies to a
federal postcard application that requests a ballot for an election
that is held on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2017.