By: Israel, Laubenberg (Senate Sponsor - Zaffirini) H.B. No. 2410
(In the Senate - Received from the House May 10, 2017;
May 10, 2017, read first time and referred to Committee on State
Affairs; May 18, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 18, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the authority to conduct a runoff primary election by
mail in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 172, Election Code, is
amended by adding Section 172.129 to read as follows:
Sec. 172.129. VOTING BY MAIL IN CERTAIN RUNOFF PRIMARY
ELECTIONS. (a) The state chair of a political party may by order
require a runoff primary election to be conducted in a county only
by mail if:
(1) fewer than 100 votes were cast in the county in the
party's general primary election; and
(2) a runoff election is required in the county only
for statewide offices or district offices filled by voters of more
than one county.
(b) If the state chair of the political party requires the
conduct of a runoff primary election only by mail, the state chair
shall send the order to the county clerk not later than the fifth
day after the local canvass is completed.
(c) The county clerk shall provide an official ballot in the
manner provided by Chapter 86 to each registered voter in a county
who:
(1) voted in the party's general primary election; or
(2) requests in writing a ballot for the runoff
primary election and is otherwise eligible to vote in the election.
(d) A person who did not vote in the party's general primary
election and did not vote in any other party's primary election may
request a runoff primary election ballot to be voted by mail:
(1) by submitting a written request to the county
clerk;
(2) by mailing to the county clerk an application form
prescribed by the secretary of state;
(3) in person before election day by presenting to the
county clerk an application form prescribed by the secretary of
state or a written request for a ballot by mail; or
(4) in person on election day by presenting to the
county clerk an application form prescribed by the secretary of
state or a written request for a ballot by mail.
(e) A written request submitted under Subsection (d)(1)
must include:
(1) the voter's name;
(2) the voter's registration address;
(3) the runoff election date or a statement that the
application is for the runoff election;
(4) the county;
(5) the name of the political party conducting the
runoff; and
(6) the voter's signature.
(f) A voter requesting a ballot under Subsection (d)(3) or
(4) shall be provided with the ballot materials on presentation of
an application or written request demonstrating that the voter is
eligible to vote in the election.
(g) A voter requesting a ballot under Subsection (d)(3) may
return the marked ballot in person to the county clerk or by mail or
common carrier.
(h) A voter requesting a ballot under Subsection (d)(4) may
return the marked ballot to the county clerk in person not later
than 7 p.m. on election day.
(i) All ballots voted by mail or in person under this
section shall be counted in the same manner as a ballot voted by
mail under Chapter 86.
(j) The county clerk shall be reimbursed for costs of
conducting the runoff election by mail from the same funds that
would provide for a runoff primary election by personal appearance.
(k) The secretary of state may adopt rules as necessary to
implement this section. The application form adopted by the
secretary of state under this section must include the required
information for a written request under Subsection (e).
SECTION 2. This Act takes effect September 1, 2017.
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