84R15353 ATP-F
By: Goldman H.B. No. 3118
Substitute the following for H.B. No. 3118:
By: Schofield C.S.H.B. No. 3118
A BILL TO BE ENTITLED
AN ACT
relating to the canvassing of primary elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 172.116(a), (b), and (g), Election
Code, are amended to read as follows:
(a) The county chair or at least one member of the county
executive committee selected by the county executive committee
shall canvass the precinct election returns for the county.
(b) The county chair or the selected county executive
committee member shall convene to conduct the local canvass [at the
county seat] on the second Thursday after election day at the hour
specified by the county chair and posted on the county party website
or the commissioners court bulletin board if the county
organization of the political party does not maintain a website.
(g) The official result of the primary election, except for
offices canvassed at the state level, is determined from the local
canvass of precinct returns and shall be posted to the secretary of
state's website.
SECTION 2. Section 172.117, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(a-3) to read as follows:
(a) The county chair shall certify by posting on the
secretary of state's website a notation next to [in writing for
placement on the general election ballot] the name and address of
each primary candidate who is nominated for a county or precinct
office for placement on the general election ballot. The chair
shall execute and file with the county clerk an affidavit
certifying that the returns posted on the secretary of state's
website are the correct and complete returns. The secretary of
state may adopt by rule a process to allow the chair to submit the
affidavit digitally.
(a-1) The secretary of state shall develop appropriate
notations to describe the status of each candidate. The notations
shall include:
(1) "filed";
(2) "withdrew";
(3) "lost primary";
(4) "in runoff";
(5) "lost runoff";
(6) "deceased"; or
(7) "nominee for general election."
(a-2) The county chair shall update the notations after each
general primary and runoff primary election. After any withdrawal
or death of a candidate, and subsequent replacement of the
candidate on the ballot, the chair shall update the notation on the
website. All notations must be completed and accurate on the date
prescribed by the secretary of state by rule to ensure that an
authority printing general election ballots may rely on the
information.
(a-3) After the notations have been placed on the website
and the affidavit has been filed as required by Subsection (a), the
authority preparing the official general election ballot shall use
the list of candidates named on the secretary of state's website as
the nominees for general election in preparing the general election
ballot.
SECTION 3. Section 172.119, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The county chair shall prepare and post next to the name
of each primary candidate listed on the secretary of state's
website county election returns for the statewide and district
offices voted on in a primary election [in the same manner as the
county returns for a general election are prepared by the county
clerk except that separate returns for the offices of governor and
lieutenant governor are not prepared].
(a-1) The secretary of state by rule may determine what data
is required to be posted, including:
(1) votes cast by mail;
(2) votes cast early;
(3) votes cast on election day;
(4) votes cast by federal postcard applicants or other
military or overseas voters;
(5) provisional ballots; or
(6) total votes only.
SECTION 4. Sections 172.120(a), (b), (b-1), (f), and (h),
Election Code, are amended to read as follows:
(a) The state chair [executive committee] shall canvass the
county election returns.
(b) The state chair [executive committee] shall [convene
to] conduct the state canvass for the general primary election not
later than:
(1) the second Sunday after general primary election
day, for an election in which three or more candidates are seeking
election to the same office; or
(2) the 22nd day after general primary election day,
for an election not described by Subdivision (1).
(b-1) Not later than the third Saturday after runoff primary
election day, the [committee shall convene at the call of the] state
chair shall complete [to conduct] the state canvass of the runoff
primary election.
(f) The [Not later than the 20th day after the date the state
canvass is completed, the state chair shall deliver the committee's
tabulation to the] secretary of state[, who] shall preserve and
archive on the secretary's website all of the information
pertaining to candidates and the canvass results [it for the period
for preserving the precinct election records].
(h) The official result of the primary election for offices
canvassed by the state chair [executive committee] is determined
from its canvass of the county returns.
SECTION 5. Section 172.122(a), Election Code, is amended to
read as follows:
(a) The state chair shall certify by posting on the
secretary of state's website [in writing as the party's nominee] the
name and address of each primary candidate who is nominated for a
statewide or district office. The state chair shall execute and
file with the secretary of state an affidavit certifying that the
returns posted on the secretary of state's website are the correct
and complete returns. The secretary of state may adopt by rule a
process to allow the chair to submit the affidavit digitally.
SECTION 6. Section 172.124(a), Election Code, is amended to
read as follows:
(a) For each primary election, the county clerk [chair]
shall prepare a report of the number of votes, including early
voting votes, received in each county election precinct by each
candidate for a statewide office or the office of United States
representative, state senator, or state representative, as
provided by Section 67.017 for the report of precinct results for a
general election.
SECTION 7. The following provisions of the Election Code
are repealed:
(1) Sections 172.116(c), (d), and (e);
(2) Section 172.117(b);
(3) Section 172.119(b); and
(4) Sections 172.120(c), (d), and (e).
SECTION 8. This Act takes effect September 1, 2015.