83R8426 JRJ-D
By: Strama H.B. No. 1842
A BILL TO BE ENTITLED
AN ACT
relating to the selection of certain candidates for office 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. (a) This
subchapter applies only to the election for a statewide office or
the office of state senator or state representative for a full term
at the general election for state and county officers. This
subchapter does not apply to a special election held to fill a
vacancy in those offices, including a special election held in
conjunction with the general election for state and county
officers.
(b) This subchapter does not apply to an election of a
candidate for the office of president or vice-president of the
United States.
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. 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.
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 office of president or
vice-president of the United States;
(2) before the offices, other than the office of
president or vice-president of the United States, for which
nominees are chosen at primary elections or conventions; and
(3) 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, 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. RULES. The secretary of state shall adopt
rules as necessary to implement this subchapter.
SECTION 2. Section 32.002(c), Election Code, is amended to
read as follows:
(c) The presiding judge and alternate presiding judge must
be affiliated or aligned with different political parties, subject
to this subsection. Before July of each year in a county to which
Subsection (a)(1) applies or before August of each year in a county
to which Subsection (a)(2) applies, the county chair of a political
party whose candidate for president [governor] received the highest
or second highest number of votes in the county in the most recent
presidential [gubernatorial] general election shall submit in
writing to the commissioners court a list of names of persons in
order of preference for each precinct who are eligible for
appointment as an election judge. The county chair may supplement
the list of names of persons until the 20th day before a general
election or the 15th day before a special election in case an
appointed election judge becomes unable to serve. The
commissioners court shall appoint the first person meeting the
applicable eligibility requirements from the list submitted in
compliance with this subsection by the party with the highest
number of votes in the precinct in the most recent presidential
general election as the presiding judge and the first person
meeting the applicable eligibility requirements from the list
submitted in compliance with this subsection by the party with the
second highest number of votes in the precinct as the alternate
presiding judge. If the candidates for president [governor] of two
political parties received the same number of votes in the
precinct, the first person meeting the applicable eligibility
requirements from the list submitted by the party whose candidate
for president [governor] received the highest number of votes in
the county shall be appointed as the presiding judge and the first
person meeting the applicable eligibility requirements from the
list submitted by the party whose candidate for president
[governor] received the second highest number of votes in the
county shall be appointed as the alternate presiding judge. The
commissioners court may reject the list if the persons whose names
are submitted on the list are determined not to meet the applicable
eligibility requirements.
SECTION 3. Sections 32.034(b) and (e), Election Code, are
amended to read as follows:
(b) The county chair of a political party whose candidate
for president [governor] received the highest or second highest
number of votes in the county in the most recent presidential
[gubernatorial] general election may, not later than the 25th day
before a general election or the 10th day before a special election
to which Subsection (a) applies, submit to a presiding judge a list
containing the names of at least two persons who are eligible for
appointment as a clerk. If a timely list is submitted, the presiding
judge shall appoint at least one clerk from the list, except as
provided by Subsection (c).
(e) If a presiding judge has not been appointed at the time
the county chair of a political party is required to submit a list
of names for the appointment of a clerk under this section, the list
of names shall be submitted to the county chair of the political
party whose candidate for president [governor] received the most
votes in the precinct in the most recent presidential
[gubernatorial] election and to the commissioners court. The
county chair, or the commissioners court in a county without a
county chair, shall appoint clerks from the list in the same manner
provided for a presiding judge to appoint clerks by this section.
SECTION 4. Section 52.091(b), Election Code, is amended to
read as follows:
(b) Columns of parties specified by Subsection (a)(1) shall
be arranged in descending order of the number of votes received
statewide by each party's candidate for president [governor] in the
most recent presidential [gubernatorial] general election,
beginning on the left with the party whose candidate received the
highest number of votes. Columns of parties that did not have a
candidate for president [governor] in the most recent presidential
[gubernatorial] general election shall appear after the columns of
parties that had a candidate, and the order of their columns shall
be determined by a drawing conducted by the secretary of state.
SECTION 5. Section 85.062(e), Election Code, is amended to
read as follows:
(e) In an election covered by Subsection (d), a temporary
branch polling place that is movable may be established only with
the approval of the county clerk. If a movable temporary branch
polling place is established on the request of a political party,
each other political party whose nominee for president [governor]
in the most recent presidential [gubernatorial] general election
received more than 10 percent of the total number of votes received
by all candidates for president [governor] in the election is
entitled to establishment of such a polling place. The election
officers serving a polling place covered by this subsection must be
affiliated or aligned with different political parties to the
extent possible. The secretary of state, after consulting the state
chair of each affected political party, shall prescribe the
procedures necessary to implement this subsection.
SECTION 6. Sections 87.002(c) and (d), Election Code, are
amended to read as follows:
(c) In the general election for state and county officers,
each county chair of a political party with an affiliated candidate
[nominees] on the general election ballot shall submit to the
county election board a list of names of persons eligible to serve
on the early voting ballot board. The county election board shall
appoint at least one person from each list to serve as a member of
the early voting ballot board. The same number of members must be
appointed from each list.
(d) In addition to the members appointed under Subsection
(c), the county election board shall appoint the presiding judge
from the list provided under that subsection by the political party
whose nominee for president [governor] received the most votes in
the county in the most recent presidential [gubernatorial] general
election.
SECTION 7. Section 87.027(d), Election Code, is amended to
read as follows:
(d) The early voting clerk shall determine the number of
members who are to compose the signature verification committee and
shall state that number in the order calling for the committee's
appointment. A committee must consist of not fewer than five
members. In an election in which party alignment is indicated on the
ballot, each county chair of a political party with a nominee or
aligned candidate on the ballot shall submit to the appointing
authority a list of names of persons eligible to serve on the
signature verification committee. The authority shall appoint at
least two persons from each list to serve as members of the
committee. The same number of members must be appointed from each
list. The authority shall appoint the chair of the committee from
the list provided by the political party whose nominee for
president [governor] received the most votes in the county in the
most recent presidential [gubernatorial] general election. A
vacancy on the committee shall be filled by appointment from the
original list or from a new list submitted by the appropriate county
chair.
SECTION 8. Section 141.070(a), Election Code, is amended to
read as follows:
(a) If, since the most recent presidential [gubernatorial]
general election, a district or precinct from which an officer of
the federal, state, or county government is elected is created or
has had its boundary changed, the number of votes received in the
district or precinct by a political party's presidential
[gubernatorial] candidate or by all the presidential
[gubernatorial] candidates shall be estimated, as provided by this
section, for the purpose of computing the number of signatures
required on a candidate's petition.
SECTION 9. Section 163.006(d), Election Code, is amended to
read as follows:
(d) Before January 15 of each year in which political
parties hold precinct conventions under this title, the secretary
of state shall deliver written notice of the requirements of this
section to the state chair of each party that had a nominee for
president or vice-president [a statewide] or a district office on
the most recent general election ballot.
SECTION 10. Section 172.088(e), Election Code, is amended
to read as follows:
(e) The minimum number of signatures that must appear on the
petition is five percent of the total vote received by all
candidates for president [governor] in the party's most recent
presidential [gubernatorial] general primary election.
SECTION 11. Section 172.126(b), Election Code, is amended
to read as follows:
(b) The county clerk shall determine whether to consolidate
election precincts under Section 42.009 and shall designate the
location of the polling place in a consolidated precinct. To the
extent possible, a polling place shall be designated that will
accommodate the precinct conventions of each political party. If a
polling place, whether for a regular or consolidated precinct, is
not suitable for more than one precinct convention, the polling
place may be used by the party whose candidate for president
[governor] received the most votes in the county in the most recent
presidential [gubernatorial] general election.
SECTION 12. Section 257.005(a), Election Code, is amended
to read as follows:
(a) Except as provided by this section, the following are
subject to the requirements of this title that apply to a candidate
for public office:
(1) a candidate for state chair of a political party
with an affiliated candidate [a nominee] on the ballot in the most
recent gubernatorial general election; and
(2) a candidate for election to the office of county
chair of a political party with an affiliated candidate [a nominee]
on the ballot in the most recent gubernatorial general election if
the county has a population of 350,000 or more.
SECTION 13. This Act takes effect September 1, 2013.