Texas 2017 - 85th Regular

Texas House Bill HB3180 Compare Versions

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1	1	85R1167 JRJ-D
2	2	By: Larson H.B. No. 3180
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the date of the primary election and related
8	8	procedures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 41.007(a), (b), and (c), Election Code,
11	11	are amended to read as follows:
12	12	(a) The general primary election date is the fourth [first]
13	13	Tuesday in January [March] in each even-numbered year.
14	14	(b) The runoff primary election date is the fourth Tuesday
15	15	in March [May] following the general primary election.
16	16	(c) The presidential primary election date is the fourth
17	17	[first] Tuesday in January [March] in each presidential election
18	18	year.
19	19	SECTION 2. Section 141.031(a), Election Code, is amended to
20	20	read as follows:
21	21	(a) A candidate's application for a place on the ballot that
22	22	is required by this code must:
23	23	(1) be in writing;
24	24	(2) be signed and sworn to by the candidate and
25	25	indicate the date that the candidate swears to the application;
26	26	(3) be timely filed with the appropriate authority;
27	27	and
28	28	(4) include:
29	29	(A) the candidate's name;
30	30	(B) the candidate's occupation;
31	31	(C) the office sought, including any place number
32	32	or other distinguishing number;
33	33	(D) an indication of whether the office sought is
34	34	to be filled for a full or unexpired term if the office sought and
35	35	another office to be voted on have the same title but do not have
36	36	place numbers or other distinguishing numbers;
37	37	(E) a statement that the candidate is a United
38	38	States citizen;
39	39	(F) a statement that the candidate has not been
40	40	determined by a final judgment of a court exercising probate
41	41	jurisdiction to be:
42	42	(i) totally mentally incapacitated; or
43	43	(ii) partially mentally incapacitated
44	44	without the right to vote;
45	45	(G) a statement that the candidate has not been
46	46	finally convicted of a felony from which the candidate has not been
47	47	pardoned or otherwise released from the resulting disabilities;
48	48	(H) the candidate's date of birth;
49	49	(I) the candidate's residence address or, if the
50	50	residence has no address, the address at which the candidate
51	51	receives mail and a concise description of the location of the
52	52	candidate's residence;
53	53	(J) the candidate's length of continuous
54	54	residence in the state and in the territory from which the office
55	55	sought is elected as of the date the candidate swears to the
56	56	application;
57	57	(K) the statement: "I, __________, of __________
58	58	County, Texas, being a candidate for the office of __________,
59	59	swear that I will support and defend the constitution and laws of
60	60	the United States and of the State of Texas";
61	61	(L) a statement that the candidate is aware of
62	62	the nepotism law, Chapter 573, Government Code; [and]
63	63	(M) a public mailing address and any available
64	64	electronic mail address at which the candidate receives
65	65	correspondence relating to the candidate's campaign; and
66	66	(N) a statement that the candidate is aware of
67	67	the provisions of Section 65, Article XVI, Texas Constitution.
68	68	SECTION 3. Section 162.003, Election Code, is amended to
69	69	read as follows:
70	70	Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. (a) A
71	71	person becomes affiliated with a political party when the person:
72	72	(1) is accepted to vote in the party's primary
73	73	election; or
74	74	(2) applies for and is provided an early voting or
75	75	limited primary ballot to be voted by mail.
76	76	(b) An affiliation under Subsection (a)(2) applies to the
77	77	voting year in which the primary election is held.
78	78	SECTION 4. Section 172.023(a), Election Code, is amended to
79	79	read as follows:
80	80	(a) An application for a place on the general primary
81	81	election ballot must be filed not later than 6 p.m. on the second
82	82	Monday in October [December] of an odd-numbered year unless the
83	83	filing deadline is extended under Subchapter C.
84	84	SECTION 5. Section 173.010, Election Code, is amended to
85	85	read as follows:
86	86	Sec. 173.010. FURNISHING RULES. During September
87	87	[November] preceding each primary election year, the secretary of
88	88	state shall deliver to the state chair and each county chair of each
89	89	political party holding a primary election a current set of the
90	90	rules adopted under this subchapter. If a rule or amendment of a
91	91	rule is adopted after delivery of the set, the secretary shall
92	92	deliver a copy of the rule or amendment not later than the 10th day
93	93	after the date of its adoption.
94	94	SECTION 6. Section 181.0041, Election Code, is amended to
95	95	read as follows:
96	96	Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
97	97	party that intends to make nominations under this chapter for the
98	98	general election for state and county officers must register with
99	99	the secretary of state, in the manner prescribed by the secretary,
100	100	not later than the regular filing deadline for candidates in the
101	101	general primary election [January 2 of the election year].
102	102	SECTION 7. Sections 181.061(b) and (c), Election Code, are
103	103	amended to read as follows:
104	104	(b) A party nominating by convention must make its
105	105	nominations for offices of districts situated in more than one
106	106	county at district conventions held on the second Saturday after
107	107	general primary election day [the second Tuesday in March]. A
108	108	district convention consists of delegates selected at the county
109	109	conventions held under Subsection (c).
110	110	(c) A party nominating by convention must make its
111	111	nominations for county and precinct offices and for offices of
112	112	districts not situated in more than one county at county
113	113	conventions held on the first Saturday after general primary
114	114	election day [the second Tuesday in March]. A county convention
115	115	consists of delegates selected at precinct conventions held on
116	116	general primary election day [the second Tuesday in March] in the
117	117	regular county election precincts.
118	118	SECTION 8. Section 182.005, Election Code, is amended to
119	119	read as follows:
120	120	Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A
121	121	political party must make its nominations under this chapter at a
122	122	county convention held on the first Saturday after general primary
123	123	election day [the second Tuesday in March of the election year].
124	124	The convention consists of delegates selected at precinct
125	125	conventions held on general primary election day [the second
126	126	Tuesday in March] in the regular county election precincts.
127	127	SECTION 9. Section 204.005, Election Code, is amended to
128	128	read as follows:
129	129	Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. An [If a
130	130	vacancy occurs during an odd-numbered year or after the 62nd day
131	131	before general primary election day in an even-numbered year, the
132	132	remainder of the] unexpired term shall be filled by a special
133	133	election in the same manner as provided by Chapter 203 for the
134	134	legislature, except that:
135	135	(1) the minimum number of signatures that must appear
136	136	on a petition accompanying a candidate's application for a place on
137	137	the ballot is 5,000; and
138	138	(2) Section 203.013 does not apply.
139	139	SECTION 10. Sections 204.003 and 204.004, Election Code,
140	140	are repealed.
141	141	SECTION 11. The term of a person who is serving as a county
142	142	or precinct chair of a political party on the effective date of this
143	143	Act ends on the 20th day after the fourth Tuesday in March 2018.
144	144	SECTION 12. This Act takes effect September 1, 2017.