1. (a) A person who meets the eligibility requirements of a voter under the Texas Election Code, Chapter 101, but who will be on a space flight during the early-voting period and on election day, may vote under this chapter. In order to vote by this method, the voter must apply by a Federal Postcard Application ("FPCA") and meet the requisite deadlines under state law. The FPCA may be submitted by fax or other electronic means.

2. (b) The use of the National Aeronautics and Space Administration's electronic transmission program to send ballots to persons on a space flight is authorized.

   1. (1) The ballot must be generated in the County Clerk's or Elections Administrator's Office with an embedded password.
   2. (2) The ballot is electronically sent to the Johnson Space Center, and forwarded electronically to the space mission. In the event a direct link is not possible, such as with Space Station Mir, the ballot shall be forwarded to Russia or another appropriate source as determined by NASA and the Office of the Secretary of State, and then uplinked to the Space Station Mir or other space station as applicable.
3. (c) The voter then opens the ballot with the password and votes the ballot.
4. (d) The file in which the vote--without the ballot--is saved is then downlinked to Johnson Space Center. The vote is then electronically transmitted to the County Clerk's or Elections Administrator's Office. If the County Clerk's or Elections Administrator's office is not capable of receiving the vote electronically, the vote shall be electronically transmitted to the Office of the Secretary of State for forwarding to the appropriate county.
5. (e) Upon receipt by the county, the file is printed and then duplicated on a blank ballot. The original electronic file and printed file must be preserved with the regular election records. The duplicated ballot is counted on election day with the other ballots cast from the outer space voter's precinct.

Source Note:The provisions of this §81.35 adopted to be effective October 20, 2000, 25 TexReg 10515.