S.B. No. 904
AN ACT
relating to the adoption of certain voting procedures and the
modification of certain election deadlines, including those
necessary to implement the federal Military and Overseas Voter
Empowerment Act.
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. Subsection (b), Section 101.107, 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. Subsection (a), Section 145.092, Election Code,
is amended to read as follows:
(a) Except as otherwise provided by this section, a
candidate may not withdraw from an election after 5 p.m. of the
fifth [third] day after the deadline for filing the candidate's
application for a place on the ballot.
SECTION 4. Subsections (a) and (b), Section 172.054,
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for the office sought by the withdrawn or ineligible candidate.
(b) An application for an office sought by a withdrawn,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 5. 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 6. Subsection (a), Section 172.058, 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 7. Subsections (a) and (c), Section 202.004,
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 8. (a) Section 50, Chapter 1318 (Senate Bill No.
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 (Senate Bill No. 100), Acts of the 82nd Legislature,
Regular Session, 2011.
(c) This section takes effect December 31, 2016.
SECTION 9. Except as otherwise provided by this Act, this
Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 904 passed the Senate on
April 15, 2013, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 904 passed the House on
May 20, 2013, by the following vote: Yeas 147, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor