1 | 1 | | 84R8848 JRJ-D |
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2 | 2 | | By: Miller of Fort Bend H.B. No. 2021 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to preparation for the conduct of a primary election. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 52.002, Election Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | Sec. 52.002. AUTHORITY PREPARING BALLOT. Except as |
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12 | 12 | | otherwise provided by law, the following authority shall have the |
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13 | 13 | | official ballot prepared: |
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14 | 14 | | (1) for an election ordered by the governor or a county |
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15 | 15 | | authority or for a primary election, the county clerk; |
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16 | 16 | | (2) [for a primary election, the county chair of the |
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17 | 17 | | political party holding the primary; |
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18 | 18 | | [(3)] for an election ordered by a city authority, the |
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19 | 19 | | city secretary; and |
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20 | 20 | | (3) [(4)] for an election ordered by an authority of a |
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21 | 21 | | political subdivision other than a county or city, the secretary of |
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22 | 22 | | the subdivision's governing body or, if the governing body has no |
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23 | 23 | | secretary, the governing body's presiding officer. |
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24 | 24 | | SECTION 2. Section 123.033, Election Code, is amended by |
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25 | 25 | | amending Subsection (c) and adding Subsections (g) and (h) to read |
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26 | 26 | | as follows: |
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27 | 27 | | (c) If the county executive committee desires to lease |
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28 | 28 | | equipment owned by the county served by the committee, the county |
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29 | 29 | | shall lease the equipment to the committee under the terms agreed to |
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30 | 30 | | by the parties, which must provide for the county to conduct any |
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31 | 31 | | programming, testing, and validation of voting system equipment on |
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32 | 32 | | behalf of the county executive committee. The county chair may be |
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33 | 33 | | present during testing and validation of voting system equipment. |
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34 | 34 | | The [except that the] county's duty to lease the equipment under |
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35 | 35 | | this subsection is subject to reasonable restrictions and |
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36 | 36 | | conditions imposed by the commissioners court to: |
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37 | 37 | | (1) ensure availability of the equipment in elections |
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38 | 38 | | for which the commissioners court adopted the voting system; and |
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39 | 39 | | (2) protect the equipment from misuse or damage. |
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40 | 40 | | (g) Notwithstanding any other law, reimbursement to a |
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41 | 41 | | county for expenses incurred as described by Subsection (f)(2) |
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42 | 42 | | shall be reimbursed by the secretary of state directly to the |
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43 | 43 | | county. |
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44 | 44 | | (h) The secretary of state may adopt rules to implement this |
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45 | 45 | | section. |
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46 | 46 | | SECTION 3. Section 172.029(e), Election Code, is amended to |
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47 | 47 | | read as follows: |
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48 | 48 | | (e) The secretary of state shall: |
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49 | 49 | | (1) archive and keep available for inspection a list |
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50 | 50 | | of all candidates for whom information has been submitted under |
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51 | 51 | | this section; and |
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52 | 52 | | (2) prescribe rules for: |
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53 | 53 | | (A) submitting the list electronically; and |
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54 | 54 | | (B) the maintenance and accessibility of |
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55 | 55 | | information provided under this section to enable a county clerk to |
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56 | 56 | | use the list to create and print the ballot for a primary election |
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57 | 57 | | [methodology for distribution to each county clerk and state |
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58 | 58 | | chair]. |
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59 | 59 | | SECTION 4. Section 172.083, Election Code, is amended to |
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60 | 60 | | read as follows: |
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61 | 61 | | Sec. 172.083. REVIEW AND APPROVAL OF BALLOT BY COUNTY OR |
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62 | 62 | | STATE CHAIR [PRIMARY COMMITTEE]. Before having the official |
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63 | 63 | | ballots for a general primary election printed, the county clerk |
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64 | 64 | | [chair] shall submit the format for the official ballot [to the |
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65 | 65 | | primary committee] for [its] review and approval to the county |
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66 | 66 | | chair or the county chair's designee. If the county chair or |
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67 | 67 | | designee fails to approve or disapprove the format within a |
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68 | 68 | | reasonable time, the clerk may submit the format for the official |
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69 | 69 | | ballot to the state chair or the state chair's designee for review |
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70 | 70 | | and approval. |
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71 | 71 | | SECTION 5. Section 173.003, Election Code, is amended to |
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72 | 72 | | read as follows: |
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73 | 73 | | Sec. 173.003. EXPENSES INCURRED BY COUNTY. (a) Except as |
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74 | 74 | | otherwise provided by law, the county shall pay all the expenses |
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75 | 75 | | incurred in connection with early voting in a primary election, |
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76 | 76 | | except expenses relating to the printing of early voting ballots, |
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77 | 77 | | and any other expenses incurred by a county authority in connection |
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78 | 78 | | with a primary election. |
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79 | 79 | | (b) The secretary of state shall adopt rules for the |
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80 | 80 | | reimbursement of expenses relating to the printing of ballots for a |
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81 | 81 | | primary election. The rules shall designate whether expenses may |
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82 | 82 | | be reimbursed to the county or directly to the vendor providing |
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83 | 83 | | services to the county. |
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84 | 84 | | SECTION 6. This Act takes effect September 1, 2015. |
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