By: Morrison, Rodriguez of Travis, Klick, Wu, H.B. No. 3103
Miller of Fort Bend
A BILL TO BE ENTITLED
AN ACT
relating to the administration of primary elections, the nomination
of candidates by convention, and voting by certain military and
overseas voters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.007, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) The secretary of state shall make a checklist or similar
guidelines available for optional use by early voting clerks in
processing an application and providing balloting materials under
this chapter.
SECTION 2. Section 101.107(b), Election Code, is amended to
read as follows:
(b) A voter who receives a ballot under this subchapter must
return the ballot in the same manner as required under Section
101.057 except that a voter who completes a signature sheet is not
required to complete a carrier envelope. Except [and, except] as
provided by Chapter 105, the voter may not return the ballot by
electronic transmission.
SECTION 3. Section 172.022(b), Election Code, is amended to
read as follows:
(b) Not later than the day before the last day of the filing
period, the county chair shall post on the political party's
Internet website or in the location where a candidate files for a
place on the ballot [bulletin board used for posting notice of
meetings of the commissioners court a] notice of the address at
which the county chair or secretary will be available to receive
applications on the last day of the filing period. If both the
county chair and the secretary will be available, the notice must
contain the address at which each will be available. Section 1.006
does not apply to this subsection.
SECTION 4. Sections 172.028(a) and (b), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (c), the state chair
shall certify to the secretary of state [in writing] for placement
on the general primary election ballot the name of each candidate
who files with the chair an application that complies with Section
172.021(b). The secretary of state shall post on the secretary's
Internet website that is viewable by the public the certified list.
(b) Not later than the 81st day before general primary
election day, the state chair shall notify [deliver the
certification to] the county chair in each county in which the
candidate's name is to appear on the ballot that the certification
has been posted by the secretary of state.
SECTION 5. Section 172.029, Election Code, is amended to
read as follows:
Sec. 172.029. SUBMISSION AND COMPILATION OF INFORMATION
PERTAINING TO [LIST OF] CANDIDATES. (a) For each general primary
election, the state chair and each county chair shall
electronically submit the following information [prepare a list
containing]:
(1) the name of each candidate who files an
application for a place on the ballot with the chair, including an
application for the office of a political party;
(2) the name of each candidate whose application meets
the requirements of Section 172.021 and is accepted by the chair, as
the name is to appear on the ballot;
(3) [(2)] the candidate's address as shown on the
application; [and]
(4) [(3)] the date on which the candidate filed the
application; and
(5) any additional information required by the
secretary of state.
(b) The secretary of state shall continuously maintain an
online database of information submitted under this section. The
database must be accessible by the county and precinct chairs of the
party that submitted the information. Any changes in the party's
county or precinct chairs shall be reported to the secretary of
state. The secretary of state shall adopt rules to implement this
section, including rules regarding the public availability of
information submitted under this section. [The candidates' names
must be grouped on the list according to office.]
(c) The secretary of state may by rule prescribe a deadline
by which [Not later than the 10th day after the date of the regular
filing deadline for candidates' applications,] the state chair must
[shall] deliver the chair's submission regarding a candidate [list]
to the secretary of state, and each county chair shall deliver a
copy of the chair's submission regarding a candidate [list] to the
county clerk, the state chair, and the secretary of state when the
chair accepts the application. The secretary of state may by rule
prescribe a deadline for the delivery of a submission under this
subsection.
(d) The secretary of state shall be notified if a [A
candidate's name must be omitted from the list if, before delivery
of the list, the] candidate withdraws, dies, or is declared
ineligible, or if the candidate's application is determined not to
comply with the applicable requirements. The secretary of state
shall adopt rules implementing this subsection.
(e) The secretary of state shall:
(1) archive and keep available for inspection a list
of all candidates for whom information has been submitted under
this section; and
(2) prescribe rules for submitting the list
electronically and methodology for distribution to each county
clerk and state chair [shall retain each list received until the day
after general primary election day].
SECTION 6. Sections 172.054(a) and (b), Election Code, are
amended to read as follows:
(a) The deadline for filing an application for a place on
the general primary election ballot is extended as provided by this
section if a candidate who has made an application that complies
with the applicable requirements:
(1) dies on or after the fifth day before the date of
the regular filing deadline and on or before the first [79th] day
after the date of the regular filing deadline [before general
primary election day];
(2) holds the office for which the application was
made and withdraws or is declared ineligible on [or after] the date
of the regular filing deadline [and on] or [before] the first [79th]
day after the date of the regular filing deadline [before general
primary election day]; or
(3) withdraws or is declared ineligible during the
period prescribed by Subdivision (2), and at the time of the
withdrawal or declaration of ineligibility no other candidate has
made an application that complies with the applicable requirements
for the office sought by the withdrawn or ineligible candidate.
(b) An application for an office sought by a withdrawn,
deceased, or ineligible candidate must be filed not later than 6
p.m. of the fifth day after the date of the regular filing deadline
[81st day before general primary election day]. An application
filed by mail with the state chair is not timely if received later
than 5 p.m. of the fifth day after the date of the regular filing
deadline [81st day before general primary election day].
SECTION 7. Sections 172.056(a) and (b), Election Code, are
amended to read as follows:
(a) If the deadline for filing applications is extended, an
electronic submission shall be made [a list shall be prepared, as
provided by Section 172.029 for a list of candidates who file during
the regular filing period,] containing the name of each candidate:
(1) who files an application that complies with the
applicable requirements during the extended filing period; and
(2) whose name is not submitted [on the list prepared]
under Section 172.029.
(b) Notification shall be made as prescribed by Section
172.029 that additional names have been added during the extended
period. [The list prepared under this section is subject to the
requirements prescribed by Section 172.029 except that the list
must be delivered to the secretary of state, county clerk, and state
chair, as applicable, not later than the seventh day after the date
of the extended deadline.]
SECTION 8. Section 172.057, Election Code, is amended to
read as follows:
Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
candidate's name shall be omitted from the general primary election
ballot if the candidate withdraws, dies, or is declared ineligible
on or before the first [79th] day after the date of the regular
filing deadline [before general primary election day].
SECTION 9. Section 172.058(a), Election Code, is amended to
read as follows:
(a) If a candidate who has made an application for a place on
the general primary election ballot that complies with the
applicable requirements dies or is declared ineligible after the
first [79th] day after the date of the regular filing deadline
[before general primary election day], the candidate's name shall
be placed on the ballot and the votes cast for the candidate shall
be counted and entered on the official election returns in the same
manner as for the other candidates.
SECTION 10. Section 172.082(e), Election Code, is amended
to read as follows:
(e) The county chair shall post notice of the date, hour,
and place of the drawing for at least 24 consecutive hours
immediately before the drawing begins. The notice shall be posted
on the bulletin board used for posting notice of meetings of the
commissioners court. If the party maintains an Internet website,
the party shall post the notice on the party's website. All
candidates who provide an e-mail address on their filing form shall
be notified electronically.
SECTION 11. Section 172.084(e), Election Code, is amended
to read as follows:
(e) The notice required by Subsection (d) shall be posted on
the bulletin board used for posting notice of meetings of the
commissioners court. If the party maintains an Internet website,
the party shall post the notice on the party's website. All
candidates who provide an e-mail address on their filing form shall
be notified electronically.
SECTION 12. Sections 172.118(a) and (d), Election Code, are
amended to read as follows:
(a) Not later than the 20th day after the date the local
canvass is completed, the county chair shall deliver written notice
to the state chair and to the county clerk of the names of the
persons elected as county chair and precinct chairs for the county.
This notice may be given by electronic means or through an
electronic submission system adopted by the state executive
committee of the party.
(d) On request of the secretary of state, the state chair
shall deliver to the secretary written notice of the names and
addresses of the party's county chairs. This notice may be given in
electronic format as set out in rules adopted by the secretary of
state.
SECTION 13. Section 172.119(b), Election Code, is amended
to read as follows:
(b) The county chair shall deliver the county returns and
retain a copy in the same manner as the county returns for a general
election are delivered and retained by the county clerk except that
the delivery shall be made to the state chair. The state executive
committee may adopt by rule an electronic submission system for
delivery of the county returns.
SECTION 14. Section 172.124, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) The secretary of state shall create and maintain an
electronic system for submission of the report.
SECTION 15. Section 172.125(a), Election Code, is amended
to read as follows:
(a) For a runoff primary election, the voter registrar shall
make appropriate notations to indicate [enter on the list of
registered voters a notation beside each voter's name indicating]
the preceding party primary for which the voter was accepted for
voting, if any.
SECTION 16. Section 181.033(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), an application for
nomination by a convention must be filed not later than the regular
deadline for candidates to file applications for a place on the
general primary ballot [5 p.m. on January 2 preceding the
convention].
SECTION 17. Sections 202.004(a) and (c), Election Code, are
amended to read as follows:
(a) A political party's nominee for an unexpired term must
be nominated by primary election if:
(1) the political party is making nominations by
primary election for the general election in which the vacancy is to
be filled; and
(2) the vacancy occurs on or before the fifth [62nd]
day before the date of the regular deadline for candidates to file
applications for a place on the general primary ballot [general
primary election day].
(c) If the vacancy occurs after the 10th day before the date
of the regular filing deadline, an application for the unexpired
term must be filed not later than 6 [5] p.m. of the fifth day after
the date of the regular filing deadline [15th day after the date the
vacancy occurs or 5 p.m. of the 60th day before general primary
election day, whichever is earlier].
SECTION 18. (a) The secretary of state shall conduct a
study on the effects of changing the presidential primary election
date. In conducting the study, the secretary shall consult with all
political parties in this state that hold presidential primary
elections.
(b) The secretary of state shall report the results of this
study and make recommendations for any legislation to the 84th
Legislature.
(c) This section expires June 1, 2015.
SECTION 19. Section 172.028(d), Election Code, is repealed.
SECTION 20. (a) Section 50, Chapter 1318 (S.B. 100), Acts
of the 82nd Legislature, Regular Session, 2011, is repealed.
(b) The secretary of state may not adjust or modify affected
election dates, deadlines, or procedures to implement the federal
Military and Overseas Voter Empowerment Act under Section 50,
Chapter 1318 (S.B. 100), Acts of the 82nd Legislature, Regular
Session, 2011.
(c) This section takes effect December 31, 2016.
SECTION 21. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2013.