10 | 4 | | AN ACT |
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11 | 5 | | relating to the authority to conduct a runoff primary election by |
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12 | 6 | | mail in certain counties. |
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13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 8 | | SECTION 1. Subchapter E, Chapter 172, Election Code, is |
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15 | 9 | | amended by adding Section 172.129 to read as follows: |
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16 | 10 | | Sec. 172.129. VOTING BY MAIL IN CERTAIN RUNOFF PRIMARY |
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17 | 11 | | ELECTIONS. (a) The state chair of a political party may by order |
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18 | 12 | | require a runoff primary election to be conducted in a county only |
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19 | 13 | | by mail if: |
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20 | 14 | | (1) fewer than 100 votes were cast in the county in the |
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21 | 15 | | party's general primary election; and |
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22 | 16 | | (2) a runoff election is required in the county only |
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23 | 17 | | for statewide offices or district offices filled by voters of more |
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24 | 18 | | than one county. |
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25 | 19 | | (b) If the state chair of the political party requires the |
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26 | 20 | | conduct of a runoff primary election only by mail, the state chair |
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27 | 21 | | shall send the order to the county clerk not later than the fifth |
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28 | 22 | | day after the local canvass is completed. |
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29 | 23 | | (c) The county clerk shall provide an official ballot in the |
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30 | 24 | | manner provided by Chapter 86 to each registered voter in a county |
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31 | 25 | | who: |
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32 | 26 | | (1) voted in the party's general primary election; or |
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33 | 27 | | (2) requests in writing a ballot for the runoff |
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34 | 28 | | primary election and is otherwise eligible to vote in the election. |
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35 | 29 | | (d) A person who did not vote in the party's general primary |
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36 | 30 | | election and did not vote in any other party's primary election may |
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37 | 31 | | request a runoff primary election ballot to be voted by mail: |
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38 | 32 | | (1) by submitting a written request to the county |
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39 | 33 | | clerk; |
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40 | 34 | | (2) by mailing to the county clerk an application form |
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41 | 35 | | prescribed by the secretary of state; |
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42 | 36 | | (3) in person before election day by presenting to the |
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43 | 37 | | county clerk an application form prescribed by the secretary of |
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44 | 38 | | state or a written request for a ballot by mail; or |
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45 | 39 | | (4) in person on election day by presenting to the |
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46 | 40 | | county clerk an application form prescribed by the secretary of |
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47 | 41 | | state or a written request for a ballot by mail. |
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48 | 42 | | (e) A written request submitted under Subsection (d)(1) |
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49 | 43 | | must include: |
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50 | 44 | | (1) the voter's name; |
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51 | 45 | | (2) the voter's registration address; |
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52 | 46 | | (3) the runoff election date or a statement that the |
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53 | 47 | | application is for the runoff election; |
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54 | 48 | | (4) the county; |
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55 | 49 | | (5) the name of the political party conducting the |
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56 | 50 | | runoff; and |
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57 | 51 | | (6) the voter's signature. |
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58 | 52 | | (f) A voter requesting a ballot under Subsection (d)(3) or |
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59 | 53 | | (4) shall be provided with the ballot materials on presentation of |
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60 | 54 | | an application or written request demonstrating that the voter is |
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61 | 55 | | eligible to vote in the election. |
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62 | 56 | | (g) A voter requesting a ballot under Subsection (d)(3) may |
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63 | 57 | | return the marked ballot in person to the county clerk or by mail or |
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64 | 58 | | common carrier. |
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65 | 59 | | (h) A voter requesting a ballot under Subsection (d)(4) may |
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66 | 60 | | return the marked ballot to the county clerk in person not later |
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67 | 61 | | than 7 p.m. on election day. |
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68 | 62 | | (i) All ballots voted by mail or in person under this |
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69 | 63 | | section shall be counted in the same manner as a ballot voted by |
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70 | 64 | | mail under Chapter 86. |
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71 | 65 | | (j) The county clerk shall be reimbursed for costs of |
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72 | 66 | | conducting the runoff election by mail from the same funds that |
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73 | 67 | | would provide for a runoff primary election by personal appearance. |
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74 | 68 | | (k) The secretary of state may adopt rules as necessary to |
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75 | 69 | | implement this section. The application form adopted by the |
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76 | 70 | | secretary of state under this section must include the required |
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77 | 71 | | information for a written request under Subsection (e). |
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78 | 72 | | SECTION 2. This Act takes effect September 1, 2017. |
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