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Election law

absentee ballots and voting by mail

Voting is one of our fundamental rights as U.S. citizens. Members of the military, their families, and Americans living abroad can choose to exercise that right from anywhere in the world through voting by mail/absentee voting. The Election Assistance Commission (EAC), the Federal Voting Assistance Program (FVAP), and the United States Postal Service (USPS) are part of this process.

The absentee voting process applies to U.S. citizens protected by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA):

• Members of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Coast Guard, United States Public Health Service Commissioned Corps, and National Oceanic and Atmospheric Administration Commissioned Corps)

• Members of the Merchant Marines

• Eligible family members of the above

• U.S. citizens residing outside the U.S.

Each state has mail-in voting, but some states only allow a person to vote by mail in certain circumstances. For example, some states only allow voting by mail when the citizen has applied for an absentee ballot—also known as a ballot by mail.

Voting procedures and requirements for state and federal elections are generally governed by state law and vary from state to state.

In Texas, voting by mail, also known as absentee voting, is available to U.S. citizens covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA). This includes members of the Uniformed Services and their eligible family members, members of the Merchant Marines, and U.S. citizens living abroad. Texas law requires these voters to apply for a ballot by mail if they wish to vote absentee. The application process can be initiated through the Federal Voting Assistance Program (FVAP), which provides the necessary forms and assistance. Once an application is approved, the ballot is sent to the voter and must be returned by the specified deadline. It's important to note that Texas has specific eligibility criteria for absentee voting, and not all residents may qualify to vote by mail in state elections. However, UOCAVA citizens are generally ensured the right to vote absentee in federal elections. The Election Assistance Commission (EAC) and the United States Postal Service (USPS) play roles in facilitating the absentee voting process, ensuring ballots are delivered and returned in a timely manner.


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