82R2266 DRH-D
By: Strama H.B. No. 1431
A BILL TO BE ENTITLED
AN ACT
relating to the selection of candidates for the State Board of
Education through a unitary primary election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 172, Election Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. USE OF UNITARY PRIMARY
Sec. 172.201. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the election of a member of the State Board of
Education.
Sec. 172.202. CONFLICTS. To the extent of any conflict
between this subchapter and another provision of this code with
regard to an office to which this subchapter applies, this
subchapter controls.
Sec. 172.203. UNITARY PRIMARY REQUIRED. (a) Instead of
following the primary process established by the other subchapters
of this chapter, the nominating process established by Chapter 181,
the independent candidacy provisions of Chapter 142, or the
write-in candidacy provisions of Subchapter B, Chapter 146, all
candidates for an office to which this subchapter applies must
appear on the unitary primary election ballot and face election at
the unitary primary election established under this subchapter.
(b) A political party may not make a nomination for an
office elected at the unitary primary election.
Sec. 172.204. APPLICATION REQUIRED. (a) To be entitled to
a place on the unitary primary election ballot, a candidate must
make an application for a place on the ballot.
(b) In addition to complying with Section 141.031, an
application must:
(1) state the party preference of the candidate or
state that the candidate is running as an independent candidate;
and
(2) be accompanied by:
(A) a filing fee in the amount prescribed by
Section 172.024 as if the office did appear on the general primary
election ballot; or
(B) a petition that satisfies the requirements
prescribed by Section 141.062 and contains at least the number of
signatures prescribed by Section 172.025 to appear on the petition
of a candidate as if the office did appear on the general primary
election ballot.
(c) A person is eligible to sign a petition under Subsection
(b)(2)(B) regardless of the person's affiliation with a political
party, and the person's signature on the petition does not affect
the person's ability to affiliate with or participate in the
affairs of a political party.
Sec. 172.205. AUTHORITY WITH WHOM APPLICATION FILED:
DISPOSITION OF FILING FEE. (a) An application for a place on the
unitary primary election ballot must be filed during the period
prescribed by Section 172.023 with the secretary of state.
(b) A filing fee received by the secretary of state shall be
deposited in the general revenue fund.
Sec. 172.206. PREPARATION OF BALLOT FOR PRIMARY ELECTION.
(a) The county clerk shall prepare the ballot for the unitary
primary election.
(b) The secretary of state shall certify the name of each
candidate who has filed an application for a place on the ballot
that complies with the requirements as to form, content, and
procedure that the application must satisfy for the candidate's
name to be placed on the ballot.
(c) For each office that is to appear on the ballot, the
clerk shall list the name of each candidate certified under
Subsection (b) and include next to the name the candidate's party
preference or independent status as designated on the application
under Section 172.204(b)(1).
Sec. 172.207. CONDUCT OF UNITARY PRIMARY ELECTION. (a) The
unitary primary election is held in conjunction with the general
primary election. Each political party holding a primary election
shall also provide a separate ballot for the unitary primary
election. Any eligible voter may vote in the unitary primary
election, and a person who votes only in the unitary primary
election does not become affiliated with a political party.
(b) Write-in voting is not permitted in the unitary primary
election.
Sec. 172.208. CANVASS; RESULTS OF PRIMARY ELECTION. (a) In
the manner provided by Chapter 67:
(1) the local canvass shall be conducted by the
commissioners court of each county; and
(2) the state canvass shall be conducted by the
governor.
(b) For each office that appears on the unitary primary
election ballot, the authority that conducts the final canvass for
that office shall certify to the county clerk for inclusion on the
ballot for the general election for state and county officers the
names of the candidate who received the greatest number of votes and
the candidate who received the second greatest number of votes.
Sec. 172.209. PREPARATION OF BALLOT FOR GENERAL ELECTION.
(a) Offices for which a unitary primary election was held shall
appear on the ballot for the general election for state and county
officers:
(1) following the offices for which nominees are
chosen at primary elections or conventions; and
(2) under a heading that indicates the candidates for
office were chosen at the unitary primary election and a statement
that indicates a straight-party vote is not tallied for those
offices.
(b) For each office for which a unitary primary election was
held, the county clerk shall place on the ballot the name of each
candidate certified under Section 172.208(b) and the party
preference or independent status that the candidate provided on the
application under Section 172.204(b)(1).
Sec. 172.210. CONDUCT OF GENERAL ELECTION. (a) At the
general election for state and county officers:
(1) write-in voting is not permitted for an office for
which a unitary primary election was held; and
(2) a straight-party vote is not tallied for an office
for which a unitary primary election was held.
(b) Subchapter C, Chapter 145, applies to a candidate in the
general election for state and county officers.
Sec. 172.211. VACANCY FILLED BY SPECIAL ELECTION. (a) This
section applies only to a vacancy in office to which this subchapter
applies:
(1) that is required to be filled under Section
202.002 at the next general election for state and county officers;
and
(2) that occurs after the 62nd day before general
primary election day.
(b) The election to fill the vacancy shall be held in the
same manner as a special election to fill a vacancy in the
legislature except that:
(1) the election shall be held on the date of the
general election for state and county officers;
(2) Section 203.013 does not apply; and
(3) write-in voting is not permitted.
Sec. 172.212. RULES. The secretary of state shall adopt
rules as necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2011.