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Election Advisory No. 2024-24

To: County Election Officials and County Chairs
From: Christina Worrell Adkins, Director of Elections
Christina Adkins signature
Date: August 13, 2024
RE: Presidential Ballot (Chapter 113, Texas Election Code)

Introduction

Pursuant to Chapter 113 of the Texas Election Code, voters who have moved out of the State of Texas may be eligible to cast a ballot from Texas for President and Vice President only, referred to as a “Presidential Ballot.”

Requirements. There are four conditions that must be met for a voter to qualify for a Presidential Ballot. 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 Texas 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 their new state.

NOTE: All four requirements must be met in order for the voter to be eligible to cast a Presidential Ballot.

A person may vote in person during the regular early voting period through presidential Election Day, or by mail. (Tex. Elec. Code Secs. 113.003, 113.004). If voting in person, the voter may vote only at the main early voting polling place for the county of the person’s most recent registration to vote in Texas. 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/elections administrator’s main business office is regularly open for business. The period to vote a Presidential Ballot in person for the upcoming November 5, 2024 General Election is Monday, October 21, 2024 through Tuesday, November 5, 2024.

Presidential Ballot in-Person: The person wishing to vote a Presidential Ballot must complete an Application for a Presidential Ballot (Form 5-43). The substantially similar name affidavit applies only to voters voting by personal appearance, since they are required to show an acceptable form of identification. Voters who cast their Presidential Ballot by mail do not need to provide a copy of identification.

Procedures for Casting a Presidential Ballot-in-Person: The in-person voting process will be handled using the balloting materials for early voting by mail. The early voting clerk will provide the voter:

  1. a ballot with all races crossed off except President/Vice President;
  2. a Ballot Envelope; and
  3. a Carrier Envelope.

The voter will put the marked ballot inside a Ballot Envelope, then put the Ballot Envelope inside the Carrier Envelope. The voter does not need to sign the Carrier Envelope or provide a personal identification number on the Carrier Envelope which is associated with his/her voter registration. The voter must give the sealed Carrier Envelope to the early voting clerk who puts it with other ballots voted by mail. The early voting clerk should enter the voter’s name on the Restricted Ballot Roster (Form 5-25) for both voters voting in person or by mail. The voter’s name should not be added to the Combination Form. The early voting clerk must make a notation on the Carrier Envelope that the voter voted under this procedure (Chapter 113). The voter’s ballot is delivered to the early voting ballot board and is processed together with other ballots voted by mail. When the ballot board judge enters the voter’s name on the Poll List (Form 5-2), the judge should indicate that the voter voted a Presidential Ballot only.

Presidential Ballot by Mail: Voters who request a Presidential Ballot by mail must complete the Application for a Presidential Ballot (Form 5-43) and an Application for Ballot by Mail (Form 6-1). The deadline for an early voting clerk to receive an Application for a Presidential Ballot, together with an Application for Ballot by Mail, is the 7th day before election day. (52 USC § 10502(d)). For the November 5, 2024 General Election, the early voting clerk must receive the voter’s Application for a Presidential Ballot and Application for Ballot by Mail no later than Tuesday, October 29, 2024.

NOTE: If an Application for a Presidential Ballot and ABBM are emailed or faxed, then the applicant must submit both original applications by mail to the early voting clerk so that the early voting clerk receives both originals no later than the 4th business day after receiving the emailed or faxed application and ABBM. Therefore, voters may email or fax a Presidential Ballot and ABBM until the 11th day before election day (the regular ABBM deadline). Voters may continue to mail their applications for a Presidential Ballot and ABBM after the 11th day before election day until the 7th day before election day; however, voters cannot email or fax the applications after the 11th day.

The early voting clerk must receive Presidential Ballots voted by mail by the following dates and times:

Procedures for Casting a Presidential Ballot by Mail: The Presidential Ballot by mail process is handled using the balloting materials for early voting by mail. The early voting clerk will do the following:

  1. Upon receipt of the voter’s Application for a Presidential Ballot and Application for Ballot by Mail, you must verify that the person’s former registration address listed on the Application for a Presidential Ballot is located within your county, that the voter was registered to vote in your county, and that the voter arrived in their new state of residence no more than 30 days before the November 5, 2024 election.

  2. The early voting clerk will mail the voter:
    1. a ballot with all races crossed off except President/Vice President;
    2. a Ballot Envelope; and
    3. a Carrier Envelope.

The voter will put the marked ballot inside a Ballot Envelope, then put the Ballot Envelope inside the Carrier Envelope. The voter must sign the Carrier Envelope and provide a personal identification number on the Carrier Envelope which is associated with his/her voter registration just like any other ballot by mail. The early voting clerk should enter the voter’s name on the Restricted Ballot Roster (Form 5-25) for both voters voting in person or by mail. The voter’s ballot is delivered to the early voting ballot board and is processed together with other ballots voted by mail. When the ballot board judge enters the voter’s name on the Poll List (Form 5-2), the judge should indicate that the voter voted a Presidential Ballot only.

Voter Registration: The early voting clerk is required to notify the voter registrar that the voter voted a Presidential Ballot so that the voter’s registration may be cancelled. The SOS has prescribed a Notice to Voter Registrar of Application for Presidential Ballot (Form 5-44(PDF)) for use in this process. We also recommend that you provide the voter registrar with a copy of the voter’s signed Application for Presidential Ballot.

If you have any questions about the procedures for Presidential Ballots, please contact an attorney in the Elections Division toll-free at 1-800-252-2216 (press 2).

Frequently Asked Questions Regarding Presidential Ballots

Q1: What is a Presidential Ballot?

A1: A Presidential Ballot is a ballot that allows the voter to vote only for the offices of U.S. President and U.S. Vice President, and does not contain any other races. Presidential Ballots are available to voters who were registered to vote in Texas at the time they moved to another state, moved from Texas to another state within 30 days of election day, would otherwise be eligible to register to vote in Texas if they were still a resident, and are not yet eligible to vote in the presidential election in their new state.

Q2: A registered voter in Texas moved to another state less than 30 days before election day. Can this voter use a Presidential Ballot to vote in Texas?

A2: Yes, this voter may vote a Presidential Ballot in person between the start of the early voting period through election day at the main early voting location in the county in which they were registered in Texas before they moved out of state. The voter may also vote a Presidential Ballot by mail.

Q3: A registered voter in another state moved to Texas less than 30 days before election day. Can this voter use a Presidential Ballot to vote in Texas?

A3: No, this voter may not use a Presidential Ballot to vote in Texas. The voter will need to contact the applicable elections office in their former state of residence to see if there is a similar procedure in that state for voting a Presidential Ballot.

Q4: If a voter submits an Application for Presidential Ballot and indicates on the application that they have resided in another state for more than 30 days before election day, how should the early voting clerk handle this application?

A4: The early voting clerk should reject this application and mark space 18, “Other,” for the reason on the Notice of Rejected Application for Ballot by Mail (Form 6-2). In the space provided, the early voting clerk should indicate that the voter is ineligible to cast a Presidential Ballot under Chapter 113.

Q5: When a county receives an Application for a Presidential Ballot, can the county verify whether the voter is eligible to vote in the voter’s new state of residence?

A5: No. A county does not have statutory authority to verify whether the voter is registered to vote in the new state.

Q6: Does a voter have to show identification in order to vote a Presidential Ballot in person?

A6: Yes, a voter must present an acceptable form of photo identification to vote a Presidential Ballot in person. If the voter does not possess an acceptable form of photo identification, and cannot reasonably obtain one, then the voter can present a supporting form of identification and sign a Reasonable Impediment Declaration (“RID”).

Q7: If a voter presents themselves to vote a Presidential Ballot in person but the voter’s name on the precinct’s list of registered voters is not identical to the voter’s name as it appears on their identification, does that voter need to complete a similar name affidavit?

A7: Yes, the voter needs to complete a similar name affidavit to vote a Presidential Ballot in person. However, the similar name affidavit is part of the Application for Presidential Ballot for in-person voting. The voter does not need to complete a separate similar name affidavit form.

Q8:  The Application for a Presidential Ballot does not have a place to include the voter’s personal identification information. Should we add it somewhere?

A8: No. Personal identification numbers are not required for in-person voting of a Presidential Ballot. If the Application for a Presidential Ballot is submitted along with an Application for Ballot by Mail, the ABBM requires the voter to include their personal identification information.

Q9: Is a voter who presents themselves to vote a Presidential Ballot in person subject to corrective action procedures?

A9: No. Corrective action procedures do not apply to in-person voting for a Presidential Ballot.

Q10: If the early voting ballot board receives an incomplete Carrier Envelope from a voter voting a Presidential Ballot by Mail, is the ballot subject to the corrective action procedures?

A10: Yes, Presidential Ballots by mail are subject to the same corrective action procedures applicable to other mail ballots.

Q11: If a county receives an Application for Presidential Ballot along with an ABBM but cannot find the person on the county’s list of registered voters, should the application be rejected?

A11: Yes. If a county cannot find the person’s name on the county’s list of registered voters, the Application for a Presidential Ballot with an ABBM must be rejected.

Q12: If a voter presents themselves to vote a Presidential Ballot by personal appearance but the county cannot find the voter’s name on the precinct’s list of registered voters, can that person vote a provisional ballot?

A12: If a county cannot find the name of a voter presenting to vote a Presidential Ballot in person on the list of registered voters, please call our office for further guidance.

Q13: If a person submits an Application for a Presidential Ballot along with an ABBM, but later appears in person to vote a Presidential Ballot without their ballot materials in their possession, can they vote a provisional ballot?

A13: If a person presents to vote a Presidential Ballot in person after submitting an ABBM but does not have possession of their balloting materials to surrender, please call our office for further guidance.

Q14: What is the deadline for returning a Presidential Ballot by mail?

A14: The deadlines for the early voting clerk to receive a Presidential Ballot by mail are the same as for voters who submit ABBMs:

Q15: If an early voting clerk’s office is not normally open on weekends, does that office need to be open on the weekend before election day for voters to vote a Presidential Ballot?

A15: No, 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. As a reminder, the period to vote a Presidential Ballot in person for the upcoming November 5, 2024 General Election is Monday, October 21, 2024 through Tuesday, November 5, 2024.

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