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Election Advisory No. 2026-04

To:	County Elections Officers (County Clerks/Elections Administrators/Tax Assessors-Collectors)
From:	Christina Adkins, Director of Elections
Date:	January 15, 2026
RE:	Procedures for Federal Write-In Absentee Ballots (FWABs) from FPCA Voters and Voters in Hostile Fire Pay and Combat Zones

In preparation for the March 3, 2026 primary, May 26, 2026 primary runoff, November 3, 2026 general election, and other 2026 elections, this memo will focus on procedures for receiving Federal Write-In Absentee Ballots (“FWABs”) from Federal Postcard Application (“FPCA”) voters and from voters in hostile fire pay or combat zones.

Use of the Federal Write-In Absentee Ballot for General Election

The Federal Write-In Absentee Ballot is the federal form voters may use to vote if they have not received their official ballot.  A voter who has submitted his or her FPCA, but has not received the official ballot, may use the FWAB as a write-in ballot to ensure that his or her vote is received. 

A FWAB may be used in any election for any office for which balloting materials may be sent through email transmission under Section 101.104 of the Texas Election Code, which includes primary elections.  A FWAB may also be used in any election in which there is a federal office on the ballot, a special election to fill a vacancy in the legislature, or any election held jointly with either of those elections.  (The voter does not have to ask for their ballot to be emailed to be entitled to use a FWAB; this just defines the category of elections to which the FWAB applies.).

As a reminder, this means that the FWAB is not limited to federal offices on the general election ballot, but may include state and county offices as well.  The FWAB may also include the offices in an election held jointly with the general election for state and county offices.  Please note that some voters still will not be eligible to receive a full ballot, but rather will be qualified to receive a federal-only ballot.  This includes voters voting under Chapter 114 of the Code, who have indicated that they are indefinitely away or have no intention to return to the United States.

In order for a voter to be entitled to use the FWAB, he or she must be eligible to use the FPCA (an overseas citizen or a military voter, spouse, or dependent). The voter must also have filed the FPCA with the early voting clerk by the eleventh day before election day.  If you have an FPCA on file for a voter and receive a FWAB from the voter before you have mailed or emailed the official ballot, you must continue with normal procedures and mail or email the voter an official ballot. If the official ballot is returned by the deadline, you will forward the official ballot to the early voting ballot board. If the deadline for receiving military and overseas ballots passes and you only have the voter’s FWAB, then forward the FWAB to the early voting ballot board for processing.

Please note that the voter must have submitted the FPCA at the same time as or before submitting the FWAB.  If the FWAB is submitted before an FPCA or without an FPCA, it cannot be counted.  If a FWAB is filed with you, but you do not have a corresponding FPCA on file for that voter, we suggest that you immediately notify the voter by phone, email, or letter that his or her FWAB will not be counted and that the voter must submit an FPCA by mail, fax, or as an attachment to an email before another FWAB is filed.  You may also wish to explain that the FWAB is a “back up” ballot and that by filing the FPCA, the voter will receive a full ballot from your office and that the FWAB will only be counted if the voter does not return the regular ballot.  Also, please note that no marked ballots can be emailed by the voter.  Therefore, a FWAB that is sent via email along with an image of an FPCA (which can be emailed), must be rejected.

Here is a link to the FPCA form: Federal Post Card Application (PDF).  The FWAB is available online through this link: Federal Write-In Absentee Ballot (PDF).

Voters in Combat Zones/Hostile Fire Pay Areas

Pursuant to Section 105.001 of the Election Code, military voters stationed in recognized hostile fire or imminent danger pay areas, or areas designated as combat zones by the President of the United States, are authorized to return an early voting ballot by email to the Early Voting Clerk of their county. Only military voters on active duty and their spouses or dependents stationed in these areas qualify to submit their voted ballots in this manner. 

Following this memo is a current list of all territories designated as hostile fire or imminent danger pay areas, or combat zones. The State of Texas continues to work with the Federal Voting Assistance Program (“FVAP”) to implement this program in Texas. 

Counties that want to provide a method for voters to submit their voted ballots to the early voting clerk via email from these designated zones should contact the Secretary of State’s Office with their plan to ensure the plan complies with confidentiality and security requirements found in the Texas Elections Code.  Alternatively, the voter may also choose to return the ballot by mail.

If you have any questions about any of the procedures addressed above, please contact the Elections Division toll-free at 1-800-252-2216.

CA:CEM

Designated Hostile Fire or Imminent Danger Pay Areas (as of October 2024)

Department of Defence Finanical Mnagment Regulation Vol. 7A: “Military Pay Policy-Active Duty and Reserve Pay” Under Secretary of Defence (Comptroller) (PDF)