1. Voting by Federal Postcard Application (FPCA)
Texas Secretary of State Elections Division
2/27/2019
Voting by Federal Postcard Application (FPCA)
Alli Fick – Staff Attorney
Texas Secretary of State
November 2018 Election Law Seminar
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

2. What does the FPCA form do?
Dual function:
Registers the individual onto the permanent voter rolls 30 days after receipt by the county
Functions as an application for ballot by mail
2/27/2019
Texas Secretary of State Elections Division

3. Who can use the FPCA to request a ballot by mail?
Texas Secretary of State Elections Division
2/27/2019
Who can use the FPCA to request a ballot by mail?
Must be a qualified voter or, if not a registered voter, would be qualified if registered
The person is:
Member of the U.S. armed forces, spouses, and dependents (outside their home Texas county)
Member of the U.S. merchant marines, spouses and dependents (outside their home Texas county)
U. S. Citizens (nonmilitary) temporarily overseas
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

4. Form and Contents of Application
Application must:
Be submitted on official federal postcard application form
Prescribed by the Federal Voting Assistance Program
Include information indicating the applicant is eligible to vote in the election for which ballot is requested
2/27/2019
Texas Secretary of State Elections Division

5. Texas Secretary of State Elections Division
2/27/2019
Official Application – FVAP.gov
“Never lived” in the United States and National Guard on state orders are not categories of FPCA voters recognized by Texas law.
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

6. FPCA and Voter Registration
EV clerk should make a copy of the FPCA (for mailing ballots, keeping records, etc.) and then must forward the original FPCA to the county voter registrar so that it may be processed for registration.
Voter Registrar determines whether to add the voter to the registration list.
2/27/2019
Texas Secretary of State Elections Division

7. Texas Secretary of State Elections Division
FPCA Affirmation Reasons as they Relate to Voter Registration and Ballot by Mail
“I am on active duty in the Uniformed Services or Merchant Marine.”
Ballot is issued by the EV clerk.
VR registers the individual or updates a permanent voter record.
“I am an activated National Guard member on State orders.”
NOT eligible to receive ballots via FPCA
“I am a U.S. citizen living outside the country, and I intend to return.”
“I am a U.S. citizen living outside the country, and my return is uncertain.”
FEDERAL BALLOT only is issued by EV clerk
NOT eligible for voter registration
CANCELS an existing registration
“I am a U.S. citizen living outside the country, and I have never lived in the United States.”
NOT eligible to receive ballots
2/27/2019
Texas Secretary of State Elections Division

8. Submitting the Application
Texas Secretary of State Elections Division
2/27/2019
Submitting the Application
Application must be submitted by mail, fax, or (signed, scanned copy) to the EV clerk
If FAXED, the original application must be received by the EV clerk no later than the 4th business day after receiving the faxed FPCA
ed FPCAs do not have to be followed up with the original application
FPCAs may not be hand-delivered
If the early voting clerk does not receive the original FPCA by that deadline, then the faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The early voting clerk must reject the FPCA for ballot purposes.
Please note that the FPCA would still serve to register the voter (if the voter is eligible to be registered), even though it will not allow the voter to be sent ballots. The early voting clerk should still retain a copy of the FPCA for their own records, but should send the FPCA submitted by the voter to the Voter Registrar for registration purposes.
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

9. Submitting the Application
If not received by the deadline, the FPCA must be rejected for ballot purposes but would still serve to register the voter
2/27/2019
Texas Secretary of State Elections Division

10. Texas Secretary of State Elections Division
Contact Information
Please ensure that the contact information for your county election official is accurate on FVAP.gov and the Secretary of State’s website!
Texas Secretary of State:
FVAP:
2/27/2019
Texas Secretary of State Elections Division

11. Timeframes for Submitting the FPCA
Texas Secretary of State Elections Division
2/27/2019
Timeframes for Submitting the FPCA
General rule: deadline is the 11th day before Election Day
FPCAs may be submitted any time during the calendar year
Note: An FPCA for a January or February election may not be filed earlier than the 60th day before the date of the January or February election.
FPCA is considered submitted when received by the EV clerk
FPCA is valid for mail ballot purposes for one calendar year
FPCA is considered submitted when received by the EV clerk
An FPCA mailed to the wrong EV clerk must be forwarded to correct clerk not later than the day after it was received
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

12. Intent to Return / Timeliness
Texas Secretary of State Elections Division
2/27/2019
Intent to Return / Timeliness
Applicant is entitled to receive a full ballot (federal and nonfederal offices) if the FPCA is submitted on or before the 20th day before Election Day and application contains information for registering to vote
Applicant also receives a full ballot if FPCA is submitted after the 20th day and by the 11th day deadline and the applicant is already registered to vote
If the FPCA does not have a postmark, it is timely if received by the EV clerk by the 15th day before the election
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

13. Applying for More than One Election with the Same Application
Texas Secretary of State Elections Division
2/27/2019
Applying for More than One Election with the Same Application
A person may apply with an FPCA for a ballot for one or more elections with the same application
The EV clerk must forward a copy of the FPCA to the city and school EV clerks in the calendar year in which the application is received and the person is eligible to vote
Note: County EV clerk does not forward FPCAs to the city or school EV clerks from voters who indicated they are indefinitely away
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

14. Method of Providing Ballot
Texas Secretary of State Elections Division
2/27/2019
Method of Providing Ballot
Hard copy by mail (default method)
Voter must provide a mailing address to show voter’s location outside the county (military) or outside the U.S. (nonmilitary)
Inside the U.S. for forwarding to location outside the U.S. (can be address in the county)
Voter must still provide a mailing address to show voter’s location outside the county (military) or outside the U.S. (nonmilitary)
Common or contract carrier (if paid for by voter)
Unmarked ballots may not be faxed
Address must be outside the Texas county of voter’s residence or address in U.S. for forwarding to voter at location outside the U.S. ( can be address in the county)
Ballots may be ed to FPCA voters
Voter must still include a mailing address
Shows voter is outside the county (military) or outside the U.S. (civilian)
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

15. Texas Secretary of State Elections Division
2/27/2019
Return of Voted Ballot
Regular deadline
Receipt by 7:00 p.m. on Election Day
Method of returning voted ballot
Voted ballot may be returned by mail, common carrier, or courier
Ballot may be faxed if a military voter is voting from a combat zone or hostile fire pay area
We will issue an advisory on what areas are officially designated as combat zones or hostile fire pay areas.
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

16. Texas Secretary of State Elections Division
2/27/2019
FPCA Ballot Tracker
The MOVE Act requires the State to provide FPCA voters a method to track the status of their ballot
The Secretary of State has created the FPCA Ballot Tracker website:
The website is populated with the ballot status information supplied by the counties and should reflect the most recent status of a Military and/or Overseas Voters ballot
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

17. Submission of Voted Ballot Status
Deadline to submit ballot status data
EV clerk must submit the ballot status information within 3 business days of the status change
Entering the FPCA into TEAM and reporting ballot activity either through manual data entry or Voting History File Import
Date ballot mailed, ed or both
Date ballot received by EV clerk (if applicable)
Date ballot returned as undeliverable by post office (if applicable)
Whether ballot was accepted or rejected
2/27/2019
Texas Secretary of State Elections Division

18. Additional Action by Early Voting Clerk
Entry on EV roster must include a notation indicating the voter is an FPCA registrant
2/27/2019
Texas Secretary of State Elections Division

19. Texas Secretary of State Elections Division
Counting of Late Ballots
Non-military FPCA voters (U.S. citizens overseas)
Voted ballot that arrives late may be counted if:
Cast outside the United States
Properly addressed
Postmarked by 7:00 pm on Election Day
Arrives not later than the 5th day after Election Day or next regular business day
2/27/2019
Texas Secretary of State Elections Division

20. Counting of Late Ballots
Texas Secretary of State Elections Division
2/27/2019
Counting of Late Ballots
Military FPCA voters (domestic or overseas)
Voted ballot that arrives late shall be counted if:
Arrives not later than the 6th day after the election or next regular business day
Applies to members of the armed forces, merchant marines, spouses, dependents
The carrier envelope does NOT need to be postmarked in order to be counted
2/27/2019
Texas Secretary of State Elections Division
Texas Secretary of State Elections Division

21. Questions? elections@sos.texas.gov
2/27/2019
Texas Secretary of State Elections Division