Texas 2013 - 83rd Regular

Texas Senate Bill SB904 Compare Versions

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1	1	By: Van de Putte S.B. No. 904
2	2	(Morrison)
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 and the
8	8	modification of certain election deadlines, including those
9	9	necessary to implement the federal Military and Overseas Voter
10	10	Empowerment Act.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 101.007, Election Code, is amended by
13	13	adding Subsection (d) to read as follows:
14	14	(d) The secretary of state shall make a checklist or similar
15	15	guidelines available for optional use by early voting clerks in
16	16	processing an application and providing balloting materials under
17	17	this chapter.
18	18	SECTION 2. Subsection (b), Section 101.107, Election Code,
19	19	is amended to read as follows:
20	20	(b) A voter who receives a ballot under this subchapter must
21	21	return the ballot in the same manner as required under Section
22	22	101.057 except that a voter who completes a signature sheet is not
23	23	required to complete a carrier envelope. Except [and, except] as
24	24	provided by Chapter 105, the voter may not return the ballot by
25	25	electronic transmission.
26	26	SECTION 3. Subsection (a), Section 145.092, Election Code,
27	27	is amended to read as follows:
28	28	(a) Except as otherwise provided by this section, a
29	29	candidate may not withdraw from an election after 5 p.m. of the
30	30	fifth [third] day after the deadline for filing the candidate's
31	31	application for a place on the ballot.
32	32	SECTION 4. Subsections (a) and (b), Section 172.054,
33	33	Election Code, are amended to read as follows:
34	34	(a) The deadline for filing an application for a place on
35	35	the general primary election ballot is extended as provided by this
36	36	section if a candidate who has made an application that complies
37	37	with the applicable requirements:
38	38	(1) dies on or after the fifth day before the date of
39	39	the regular filing deadline and on or before the first [79th] day
40	40	after the date of the regular filing deadline [before general
41	41	primary election day];
42	42	(2) holds the office for which the application was
43	43	made and withdraws or is declared ineligible on [or after] the date
44	44	of the regular filing deadline [and on] or [before] the first [79th]
45	45	day after the date of the regular filing deadline [before general
46	46	primary election day]; or
47	47	(3) withdraws or is declared ineligible during the
48	48	period prescribed by Subdivision (2), and at the time of the
49	49	withdrawal or declaration of ineligibility no other candidate has
50	50	made an application that complies with the applicable requirements
51	51	for the office sought by the withdrawn or ineligible candidate.
52	52	(b) An application for an office sought by a withdrawn,
53	53	deceased, or ineligible candidate must be filed not later than 6
54	54	p.m. of the fifth day after the date of the regular filing deadline
55	55	[81st day before general primary election day]. An application
56	56	filed by mail with the state chair is not timely if received later
57	57	than 5 p.m. of the fifth day after the date of the regular filing
58	58	deadline [81st day before general primary election day].
59	59	SECTION 5. Section 172.057, Election Code, is amended to
60	60	read as follows:
61	61	Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
62	62	CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
63	63	candidate's name shall be omitted from the general primary election
64	64	ballot if the candidate withdraws, dies, or is declared ineligible
65	65	on or before the first [79th] day after the date of the regular
66	66	filing deadline [before general primary election day].
67	67	SECTION 6. Subsection (a), Section 172.058, Election Code,
68	68	is amended to read as follows:
69	69	(a) If a candidate who has made an application for a place on
70	70	the general primary election ballot that complies with the
71	71	applicable requirements dies or is declared ineligible after the
72	72	first [79th] day after the date of the regular filing deadline
73	73	[before general primary election day], the candidate's name shall
74	74	be placed on the ballot and the votes cast for the candidate shall
75	75	be counted and entered on the official election returns in the same
76	76	manner as for the other candidates.
77	77	SECTION 7. Subsections (a) and (c), Section 202.004,
78	78	Election Code, are amended to read as follows:
79	79	(a) A political party's nominee for an unexpired term must
80	80	be nominated by primary election if:
81	81	(1) the political party is making nominations by
82	82	primary election for the general election in which the vacancy is to
83	83	be filled; and
84	84	(2) the vacancy occurs on or before the fifth [62nd]
85	85	day before the date of the regular deadline for candidates to file
86	86	applications for a place on the general primary ballot [general
87	87	primary election day].
88	88	(c) If the vacancy occurs after the 10th day before the date
89	89	of the regular filing deadline, an application for the unexpired
90	90	term must be filed not later than 6 [5] p.m. of the fifth day after
91	91	the date of the regular filing deadline [15th day after the date the
92	92	vacancy occurs or 5 p.m. of the 60th day before general primary
93	93	election day, whichever is earlier].
94	94	SECTION 8. (a) Section 50, Chapter 1318 (Senate Bill No.
95	95	100), Acts of the 82nd Legislature, Regular Session, 2011, is
96	96	repealed.
97	97	(b) The secretary of state may not adjust or modify affected
98	98	election dates, deadlines, or procedures to implement the federal
99	99	Military and Overseas Voter Empowerment Act under Section 50,
100	100	Chapter 1318 (Senate Bill No. 100), Acts of the 82nd Legislature,
101	101	Regular Session, 2011.
102	102	(c) This section takes effect December 31, 2016.
103	103	SECTION 9. Except as otherwise provided by this Act, this
104	104	Act takes effect September 1, 2013.