Texas 2015 - 84th Regular

Texas House Bill HB3118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R15353 ATP-F
2	2	By: Goldman H.B. No. 3118
3	3	Substitute the following for H.B. No. 3118:
4	4	By: Schofield C.S.H.B. No. 3118
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the canvassing of primary elections.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 172.116(a), (b), and (g), Election
12	12	Code, are amended to read as follows:
13	13	(a) The county chair or at least one member of the county
14	14	executive committee selected by the county executive committee
15	15	shall canvass the precinct election returns for the county.
16	16	(b) The county chair or the selected county executive
17	17	committee member shall convene to conduct the local canvass [at the
18	18	county seat] on the second Thursday after election day at the hour
19	19	specified by the county chair and posted on the county party website
20	20	or the commissioners court bulletin board if the county
21	21	organization of the political party does not maintain a website.
22	22	(g) The official result of the primary election, except for
23	23	offices canvassed at the state level, is determined from the local
24	24	canvass of precinct returns and shall be posted to the secretary of
25	25	state's website.
26	26	SECTION 2. Section 172.117, Election Code, is amended by
27	27	amending Subsection (a) and adding Subsections (a-1), (a-2), and
28	28	(a-3) to read as follows:
29	29	(a) The county chair shall certify by posting on the
30	30	secretary of state's website a notation next to [in writing for
31	31	placement on the general election ballot] the name and address of
32	32	each primary candidate who is nominated for a county or precinct
33	33	office for placement on the general election ballot. The chair
34	34	shall execute and file with the county clerk an affidavit
35	35	certifying that the returns posted on the secretary of state's
36	36	website are the correct and complete returns. The secretary of
37	37	state may adopt by rule a process to allow the chair to submit the
38	38	affidavit digitally.
39	39	(a-1) The secretary of state shall develop appropriate
40	40	notations to describe the status of each candidate. The notations
41	41	shall include:
42	42	(1) "filed";
43	43	(2) "withdrew";
44	44	(3) "lost primary";
45	45	(4) "in runoff";
46	46	(5) "lost runoff";
47	47	(6) "deceased"; or
48	48	(7) "nominee for general election."
49	49	(a-2) The county chair shall update the notations after each
50	50	general primary and runoff primary election. After any withdrawal
51	51	or death of a candidate, and subsequent replacement of the
52	52	candidate on the ballot, the chair shall update the notation on the
53	53	website. All notations must be completed and accurate on the date
54	54	prescribed by the secretary of state by rule to ensure that an
55	55	authority printing general election ballots may rely on the
56	56	information.
57	57	(a-3) After the notations have been placed on the website
58	58	and the affidavit has been filed as required by Subsection (a), the
59	59	authority preparing the official general election ballot shall use
60	60	the list of candidates named on the secretary of state's website as
61	61	the nominees for general election in preparing the general election
62	62	ballot.
63	63	SECTION 3. Section 172.119, Election Code, is amended by
64	64	amending Subsection (a) and adding Subsection (a-1) to read as
65	65	follows:
66	66	(a) The county chair shall prepare and post next to the name
67	67	of each primary candidate listed on the secretary of state's
68	68	website county election returns for the statewide and district
69	69	offices voted on in a primary election [in the same manner as the
70	70	county returns for a general election are prepared by the county
71	71	clerk except that separate returns for the offices of governor and
72	72	lieutenant governor are not prepared].
73	73	(a-1) The secretary of state by rule may determine what data
74	74	is required to be posted, including:
75	75	(1) votes cast by mail;
76	76	(2) votes cast early;
77	77	(3) votes cast on election day;
78	78	(4) votes cast by federal postcard applicants or other
79	79	military or overseas voters;
80	80	(5) provisional ballots; or
81	81	(6) total votes only.
82	82	SECTION 4. Sections 172.120(a), (b), (b-1), (f), and (h),
83	83	Election Code, are amended to read as follows:
84	84	(a) The state chair [executive committee] shall canvass the
85	85	county election returns.
86	86	(b) The state chair [executive committee] shall [convene
87	87	to] conduct the state canvass for the general primary election not
88	88	later than:
89	89	(1) the second Sunday after general primary election
90	90	day, for an election in which three or more candidates are seeking
91	91	election to the same office; or
92	92	(2) the 22nd day after general primary election day,
93	93	for an election not described by Subdivision (1).
94	94	(b-1) Not later than the third Saturday after runoff primary
95	95	election day, the [committee shall convene at the call of the] state
96	96	chair shall complete [to conduct] the state canvass of the runoff
97	97	primary election.
98	98	(f) The [Not later than the 20th day after the date the state
99	99	canvass is completed, the state chair shall deliver the committee's
100	100	tabulation to the] secretary of state[, who] shall preserve and
101	101	archive on the secretary's website all of the information
102	102	pertaining to candidates and the canvass results [it for the period
103	103	for preserving the precinct election records].
104	104	(h) The official result of the primary election for offices
105	105	canvassed by the state chair [executive committee] is determined
106	106	from its canvass of the county returns.
107	107	SECTION 5. Section 172.122(a), Election Code, is amended to
108	108	read as follows:
109	109	(a) The state chair shall certify by posting on the
110	110	secretary of state's website [in writing as the party's nominee] the
111	111	name and address of each primary candidate who is nominated for a
112	112	statewide or district office. The state chair shall execute and
113	113	file with the secretary of state an affidavit certifying that the
114	114	returns posted on the secretary of state's website are the correct
115	115	and complete returns. The secretary of state may adopt by rule a
116	116	process to allow the chair to submit the affidavit digitally.
117	117	SECTION 6. Section 172.124(a), Election Code, is amended to
118	118	read as follows:
119	119	(a) For each primary election, the county clerk [chair]
120	120	shall prepare a report of the number of votes, including early
121	121	voting votes, received in each county election precinct by each
122	122	candidate for a statewide office or the office of United States
123	123	representative, state senator, or state representative, as
124	124	provided by Section 67.017 for the report of precinct results for a
125	125	general election.
126	126	SECTION 7. The following provisions of the Election Code
127	127	are repealed:
128	128	(1) Sections 172.116(c), (d), and (e);
129	129	(2) Section 172.117(b);
130	130	(3) Section 172.119(b); and
131	131	(4) Sections 172.120(c), (d), and (e).
132	132	SECTION 8. This Act takes effect September 1, 2015.