By: Ellis S.B. No. 1448
(Miller of Fort Bend)
A BILL TO BE ENTITLED
AN ACT
relating to holding a primary election for a political party in a
county without party leadership.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 172.128, Election Code, is amended to
read as follows:
Sec. 172.128. ALTERNATIVE PRIMARY PROCEDURE FOR COUNTIES
WITHOUT COUNTY PARTY LEADERSHIP. (a) Notwithstanding a
conflicting provision of this code, [This section applies only to]
a primary election that is required for the nomination of a
political party to a statewide office or a presidential primary
election shall be held in accordance with this section in a county
in which:
(1) the office of county chair is vacant and there is
an insufficient number of members serving on the county executive
committee to fill a vacancy on the committee; and
(2) the party is unable to establish a temporary
executive committee under Section 171.027.
(b) On request of the [The] state chair of a political
party, [may contract with] a county clerk, county tax
assessor-collector, or county elections administrator, as
appropriate, shall contract with the state chair to hold a primary
election under this section [in a county in which:
[(1) the office of county chair is vacant and there is
an insufficient number of members serving on the county executive
committee to fill a vacancy on the committee; and
[(2) the party is unable to establish a temporary
executive committee under Section 171.027].
(c) The county may designate the location of the polling
place for an election held under this section at the main early
voting polling place or designate a location to serve as a polling
place in the county seat of the county if the polling place is
located so that it will adequately serve the voters.
(d) Voting shall be conducted at least during the hours that
the county clerk's main business office is regularly open for
business.
(e) The election returns for an election held under this
section shall be delivered to the state chair of the applicable
political party.
(f) A precinct convention is not required to be held
following a primary election conducted under this section.
(g) A contract for election services entered into under this
section shall provide that the county shall be eligible to be
reimbursed for primary election expenses in the same manner a
county chair would be reimbursed under Subchapter D, Chapter 173.
(h) Election officers appointed to serve a polling place for
a primary election conducted under this section may be affiliated
or aligned with any political party.
(i) The secretary of state shall adopt rules to implement
this section in accordance with the conduct of elections and with
party rule.
SECTION 2. This Act takes effect September 1, 2015.