Texas 2017 - 85th Regular

Texas House Bill HB2410 Compare Versions

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1-By: Israel, Laubenberg (Senate Sponsor - Zaffirini) H.B. No. 2410
2- (In the Senate - Received from the House May 10, 2017;
3- May 10, 2017, read first time and referred to Committee on State
4- Affairs; May 18, 2017, reported favorably by the following vote:
5- Yeas 9, Nays 0; May 18, 2017, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 2410
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to the authority to conduct a runoff primary election by
126 mail in certain counties.
137 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
148 SECTION 1. Subchapter E, Chapter 172, Election Code, is
159 amended by adding Section 172.129 to read as follows:
1610 Sec. 172.129. VOTING BY MAIL IN CERTAIN RUNOFF PRIMARY
1711 ELECTIONS. (a) The state chair of a political party may by order
1812 require a runoff primary election to be conducted in a county only
1913 by mail if:
2014 (1) fewer than 100 votes were cast in the county in the
2115 party's general primary election; and
2216 (2) a runoff election is required in the county only
2317 for statewide offices or district offices filled by voters of more
2418 than one county.
2519 (b) If the state chair of the political party requires the
2620 conduct of a runoff primary election only by mail, the state chair
2721 shall send the order to the county clerk not later than the fifth
2822 day after the local canvass is completed.
2923 (c) The county clerk shall provide an official ballot in the
3024 manner provided by Chapter 86 to each registered voter in a county
3125 who:
3226 (1) voted in the party's general primary election; or
3327 (2) requests in writing a ballot for the runoff
3428 primary election and is otherwise eligible to vote in the election.
3529 (d) A person who did not vote in the party's general primary
3630 election and did not vote in any other party's primary election may
3731 request a runoff primary election ballot to be voted by mail:
3832 (1) by submitting a written request to the county
3933 clerk;
4034 (2) by mailing to the county clerk an application form
4135 prescribed by the secretary of state;
4236 (3) in person before election day by presenting to the
4337 county clerk an application form prescribed by the secretary of
4438 state or a written request for a ballot by mail; or
4539 (4) in person on election day by presenting to the
4640 county clerk an application form prescribed by the secretary of
4741 state or a written request for a ballot by mail.
4842 (e) A written request submitted under Subsection (d)(1)
4943 must include:
5044 (1) the voter's name;
5145 (2) the voter's registration address;
5246 (3) the runoff election date or a statement that the
5347 application is for the runoff election;
5448 (4) the county;
5549 (5) the name of the political party conducting the
5650 runoff; and
5751 (6) the voter's signature.
5852 (f) A voter requesting a ballot under Subsection (d)(3) or
5953 (4) shall be provided with the ballot materials on presentation of
6054 an application or written request demonstrating that the voter is
6155 eligible to vote in the election.
6256 (g) A voter requesting a ballot under Subsection (d)(3) may
6357 return the marked ballot in person to the county clerk or by mail or
6458 common carrier.
6559 (h) A voter requesting a ballot under Subsection (d)(4) may
6660 return the marked ballot to the county clerk in person not later
6761 than 7 p.m. on election day.
6862 (i) All ballots voted by mail or in person under this
6963 section shall be counted in the same manner as a ballot voted by
7064 mail under Chapter 86.
7165 (j) The county clerk shall be reimbursed for costs of
7266 conducting the runoff election by mail from the same funds that
7367 would provide for a runoff primary election by personal appearance.
7468 (k) The secretary of state may adopt rules as necessary to
7569 implement this section. The application form adopted by the
7670 secretary of state under this section must include the required
7771 information for a written request under Subsection (e).
7872 SECTION 2. This Act takes effect September 1, 2017.
79- * * * * *
73+ ______________________________ ______________________________
74+ President of the Senate Speaker of the House
75+ I certify that H.B. No. 2410 was passed by the House on May 9,
76+ 2017, by the following vote: Yeas 133, Nays 12, 2 present, not
77+ voting.
78+ ______________________________
79+ Chief Clerk of the House
80+ I certify that H.B. No. 2410 was passed by the Senate on May
81+ 24, 2017, by the following vote: Yeas 25, Nays 6.
82+ ______________________________
83+ Secretary of the Senate
84+ APPROVED: _____________________
85+ Date
86+ _____________________
87+ Governor