Texas 2015 - 84th Regular

Texas House Bill HB3188 Latest Draft

Bill / Introduced Version Filed 03/11/2015

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                            84R8642 ATP-F
 By: Goldman H.B. No. 3188


 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 and, if available, 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 and any 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 172.118, Election Code, is amended by
 adding Subsections (e), (f), (g), (h), (i), (j), and (k) to read as
 follows:
 (e)  The county chair shall post on the secretary of state's
 website a list of names of each person elected county chair and
 precinct chair of each precinct in the county. The list shall be
 maintained as the current and official list of party officers for
 all purposes under this code.
 (f)  If a county or precinct chair dies or resigns, the
 chair's name shall immediately be removed from the website and
 marked as vacant until a replacement is selected.
 (g)  When a new county chair or precinct chair is selected to
 fill a vacancy, the chair's name and address and any other relevant
 public information shall be posted on the website. The appointment
 of a new county chair or precinct chair is not effective until the
 chair's name is posted on the website.
 (h)  When a district or county executive committee meets to
 fill a vacancy on the ballot, the members of the committee are those
 county and precinct chairs whose names are posted on the secretary
 of state's website on the date the vacancy occurs. County or
 precinct chairs appointed after the date of the vacancy may
 participate in the discussions of those county and district
 committees but are not eligible to vote.
 (i)  A state party chair or the chair's designee may assist a
 county chair or county executive committee in posting information
 on the secretary of state's website or making corrections to the
 list if the county chair or county executive committee needs
 technical assistance.
 (j)  A state executive committee member shall have access to
 and be able to download the information posted for each precinct
 chair, including each chair's name, address, telephone number, and
 e-mail address.
 (k)  The secretary of state shall make publicly viewable on
 the secretary's website only the name and precinct number of each
 precinct chair.
 SECTION 4.  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 5.  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 6.  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 7.  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 8.  The following provisions of the Election Code
 are repealed:
 (1)  Sections 172.116(c), (d), and (e);
 (2)  Section 172.117(b);
 (3)  Sections 172.118(a), (b), (c), and (d);
 (4)  Section 172.119(b); and
 (5)  Sections 172.120(c), (d), and (e).
 SECTION 9.  This Act takes effect September 1, 2015.