| 1 | 1 | | 83R28857 ADM-F |
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| 2 | 2 | | By: Estes, et al. S.B. No. 1398 |
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| 3 | 3 | | (Morrison) |
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| 4 | 4 | | Substitute the following for S.B. No. 1398: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to rules governing the allocation of delegates to a |
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| 10 | 10 | | political party's national presidential nominating convention. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 191.007, Election Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 191.007. ALLOCATION OF DELEGATES. (a) Each political |
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| 15 | 15 | | party holding a presidential primary election shall adopt a rule |
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| 16 | 16 | | for allocating delegates [based on the results of the presidential |
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| 17 | 17 | | primary election]. |
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| 18 | 18 | | (b) A rule adopted under this section may utilize either a |
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| 19 | 19 | | proportional or winner-take-all method, based on the results of the |
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| 20 | 20 | | presidential primary election, which may be based on: |
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| 21 | 21 | | (1) a direct tie to statewide popular vote totals; |
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| 22 | 22 | | (2) a direct tie to congressional or state senatorial |
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| 23 | 23 | | district popular vote totals; or |
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| 24 | 24 | | (3) an alternative disproportionate method that is |
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| 25 | 25 | | based on statewide, congressional district, or state senatorial |
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| 26 | 26 | | district popular vote totals. |
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| 27 | 27 | | (c) Subsection (b) does not apply to delegates allocated: |
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| 28 | 28 | | (1) among party and elected officials; or |
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| 29 | 29 | | (2) through an allocation based on participants |
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| 30 | 30 | | registering for or attending a caucus or similar process, provided |
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| 31 | 31 | | that at [At] least 75 percent of the total number of delegates who |
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| 32 | 32 | | are to represent this state at the party's national presidential |
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| 33 | 33 | | nominating convention, excluding delegates allocated among party |
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| 34 | 34 | | and elected officials, shall be allocated in accordance with the |
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| 35 | 35 | | rule adopted under this section based on the results of the |
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| 36 | 36 | | presidential primary election [among one or more of the candidates |
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| 37 | 37 | | whose names appear on the presidential primary election ballot and, |
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| 38 | 38 | | if applicable, the uncommitted status]. |
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| 39 | 39 | | SECTION 2. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2013. |
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