| 1 | 1 | | 85R8045 JRJ-D |
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| 2 | 2 | | By: Vo H.B. No. 3530 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to action by the state chair of a political party in the |
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| 8 | 8 | | conduct of a primary election. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter E, Chapter 172, Election Code, is |
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| 11 | 11 | | amended by adding Section 172.129 to read as follows: |
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| 12 | 12 | | Sec. 172.129. ACTION BY STATE CHAIR TO MEET DEADLINES FOR |
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| 13 | 13 | | CONDUCT OF PRIMARY. (a) Notwithstanding a conflicting provision |
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| 14 | 14 | | of this code, the state chair, or the state chair's designee, may |
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| 15 | 15 | | perform any administrative duty of the county chair or county |
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| 16 | 16 | | executive committee related to the conduct of a primary election |
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| 17 | 17 | | that has not been performed in the time required by law, including |
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| 18 | 18 | | the submission of candidate information under Section 172.029, |
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| 19 | 19 | | drawing for ballot order under Sections 172.082 and 172.084, and |
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| 20 | 20 | | canvassing returns under Section 172.116. |
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| 21 | 21 | | (b) The state chair must notify the county chair or county |
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| 22 | 22 | | executive committee in writing or electronically that a duty has |
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| 23 | 23 | | been performed under the authority of this section. |
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| 24 | 24 | | (c) If a county chair has a reasonable impediment or lacks |
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| 25 | 25 | | appropriate technology to perform any administrative duty of the |
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| 26 | 26 | | county chair related to the conduct of a primary election within the |
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| 27 | 27 | | time required by law, the county chair may request the state chair, |
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| 28 | 28 | | or the state chair's designee, perform the duty instead of the |
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| 29 | 29 | | county chair. |
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| 30 | 30 | | (d) The state chair may act in the role of the county chair |
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| 31 | 31 | | for the purposes of Subchapter D, Chapter 173, with the approval of |
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| 32 | 32 | | the secretary of state. |
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| 33 | 33 | | (e) The secretary of state shall adopt rules to implement |
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| 34 | 34 | | this section in accordance with the conduct of elections and with |
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| 35 | 35 | | party rule. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2017. |
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