Texas 2013 - 83rd Regular

Texas House Bill HB600 Compare Versions

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Old	New	Differences
1	1	83R7302 DRH-D
2	2	By: Taylor H.B. No. 600
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of certain voting procedures necessary to
8	8	implement the federal Military and Overseas Voter Empowerment Act,
9	9	including the modification of certain election deadlines.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 101.007, Election Code, is amended by
12	12	adding Subsection (d) to read as follows:
13	13	(d) The secretary of state shall make a checklist or similar
14	14	guidelines available for optional use by early voting clerks in
15	15	processing an application and providing balloting materials under
16	16	this chapter.
17	17	SECTION 2. Section 101.107(b), Election Code, is amended to
18	18	read as follows:
19	19	(b) A voter who receives a ballot under this subchapter must
20	20	return the ballot in the same manner as required under Section
21	21	101.057 except that a voter who completes a signature sheet is not
22	22	required to complete a carrier envelope. Except [and, except] as
23	23	provided by Chapter 105, the voter may not return the ballot by
24	24	electronic transmission.
25	25	SECTION 3. Sections 172.054(a) and (b), Election Code, are
26	26	amended to read as follows:
27	27	(a) The deadline for filing an application for a place on
28	28	the general primary election ballot is extended as provided by this
29	29	section if a candidate who has made an application that complies
30	30	with the applicable requirements:
31	31	(1) dies on or after the fifth day before the date of
32	32	the regular filing deadline and on or before the first [79th] day
33	33	after the date of the regular filing deadline [before general
34	34	primary election day];
35	35	(2) holds the office for which the application was
36	36	made and withdraws or is declared ineligible on [or after] the date
37	37	of the regular filing deadline [and on] or [before] the first [79th]
38	38	day after the date of the regular filing deadline [before general
39	39	primary election day]; or
40	40	(3) withdraws or is declared ineligible during the
41	41	period prescribed by Subdivision (2), and at the time of the
42	42	withdrawal or declaration of ineligibility no other candidate has
43	43	made an application that complies with the applicable requirements
44	44	for the office sought by the withdrawn or ineligible candidate.
45	45	(b) An application for an office sought by a withdrawn,
46	46	deceased, or ineligible candidate must be filed not later than 6
47	47	p.m. of the fifth day after the date of the regular filing deadline
48	48	[81st day before general primary election day]. An application
49	49	filed by mail with the state chair is not timely if received later
50	50	than 5 p.m. of the fifth day after the date of the regular filing
51	51	deadline [81st day before general primary election day].
52	52	SECTION 4. Section 172.057, Election Code, is amended to
53	53	read as follows:
54	54	Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
55	55	CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
56	56	candidate's name shall be omitted from the general primary election
57	57	ballot if the candidate withdraws, dies, or is declared ineligible
58	58	on or before the first [79th] day after the date of the regular
59	59	filing deadline [before general primary election day].
60	60	SECTION 5. Section 172.058(a), Election Code, is amended to
61	61	read as follows:
62	62	(a) If a candidate who has made an application for a place on
63	63	the general primary election ballot that complies with the
64	64	applicable requirements dies or is declared ineligible after the
65	65	first [79th] day after the date of the regular filing deadline
66	66	[before general primary election day], the candidate's name shall
67	67	be placed on the ballot and the votes cast for the candidate shall
68	68	be counted and entered on the official election returns in the same
69	69	manner as for the other candidates.
70	70	SECTION 6. Sections 202.004(a) and (c), Election Code, are
71	71	amended to read as follows:
72	72	(a) A political party's nominee for an unexpired term must
73	73	be nominated by primary election if:
74	74	(1) the political party is making nominations by
75	75	primary election for the general election in which the vacancy is to
76	76	be filled; and
77	77	(2) the vacancy occurs on or before the fifth [62nd]
78	78	day before the date of the regular deadline for candidates to file
79	79	applications for a place on the general primary ballot [general
80	80	primary election day].
81	81	(c) If the vacancy occurs after the 10th day before the date
82	82	of the regular filing deadline, an application for the unexpired
83	83	term must be filed not later than 6 [5] p.m. of the fifth day after
84	84	the date of the regular filing deadline [15th day after the date the
85	85	vacancy occurs or 5 p.m. of the 60th day before general primary
86	86	election day, whichever is earlier].
87	87	SECTION 7. (a) Section 50, Chapter 1318 (S.B. 100), Acts of
88	88	the 82nd Legislature, Regular Session, 2011, is repealed.
89	89	(b) The secretary of state may not adjust or modify affected
90	90	election dates, deadlines, or procedures to implement the federal
91	91	Military and Overseas Voter Empowerment Act under Section 50,
92	92	Chapter 1318 (S.B. 100), Acts of the 82nd Legislature, Regular
93	93	Session, 2011.
94	94	(c) This section takes effect December 31, 2016.
95	95	SECTION 8. Except as otherwise provided by this Act, this
96	96	Act takes effect September 1, 2013.