Texas 2019 - 86th Regular

Texas House Bill HB2010 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9265 JRJ-D
2	2	By: Meza H.B. No. 2010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to preferential voting in a primary election.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 18.069, Election Code, is amended to
10	10	read as follows:
11	11	Sec. 18.069. VOTING HISTORY. Not later than the 30th day
12	12	after the date of the primary[, runoff primary,] or general
13	13	election or any special election ordered by the governor, the
14	14	registrar shall electronically submit to the secretary of state the
15	15	record of each voter participating in the election. The record must
16	16	include a notation of whether the voter voted on election day, voted
17	17	early by personal appearance, voted early by mail under Chapter 86,
18	18	or voted early by mail under Chapter 101.
19	19	SECTION 2. Section 31.093(c), Election Code, is amended to
20	20	read as follows:
21	21	(c) On request of the county chair of a political party
22	22	holding a primary election in the county, the county election
23	23	officer shall contract with the county executive committee of the
24	24	party to perform election services, as provided by this subchapter,
25	25	in the party's general primary election [and runoff primary
26	26	election] in accordance with a cost schedule agreed on by the
27	27	contracting parties.
28	28	SECTION 3. Section 32.091(c), Election Code, is amended to
29	29	read as follows:
30	30	(c) For a primary [or runoff primary] election, the minimum
31	31	hourly rate is the greater of the maximum rate provided by
32	32	Subsection (a) or, if the election officer attended a training
33	33	program as provided by Subchapter F, $7.
34	34	SECTION 4. Section 41.001(c), Election Code, is amended to
35	35	read as follows:
36	36	(c) Except for an election under Subsection (a) or Section
37	37	41.0011 or a runoff election following an election held under
38	38	Subsection (a)(2), an election may not be held within 30 days before
39	39	or after the date of the general election for state and county
40	40	officers or the[,] general primary election[, or runoff primary
41	41	election].
42	42	SECTION 5. Section 43.007(a), Election Code, is amended to
43	43	read as follows:
44	44	(a) The secretary of state shall implement a program to
45	45	allow each commissioners court participating in the program to
46	46	eliminate county election precinct polling places and establish
47	47	countywide polling places for:
48	48	(1) each general election for state and county
49	49	officers;
50	50	(2) each election held on the uniform election date in
51	51	May and any resulting runoff;
52	52	(3) each election on a proposed constitutional
53	53	amendment;
54	54	(4) each primary election [and runoff primary
55	55	election] if:
56	56	(A) the county chair or county executive
57	57	committee of each political party participating in a joint primary
58	58	election under Section 172.126 agrees to the use of countywide
59	59	polling places; or
60	60	(B) the county chair or county executive
61	61	committee of each political party required to nominate candidates
62	62	by primary election agrees to use the same countywide polling
63	63	places; and
64	64	(5) each election of a political subdivision located
65	65	in the county that is held jointly with an election described by
66	66	Subdivision (1), (2), (3), or (4).
67	67	SECTION 6. Section 85.001(b), Election Code, is amended to
68	68	read as follows:
69	69	(b) For a special runoff election for the office of state
70	70	senator or state representative [or for a runoff primary election],
71	71	the period begins on the 10th day before election day.
72	72	SECTION 7. Section 85.062(b), Election Code, is amended to
73	73	read as follows:
74	74	(b) A polling place established under this section may be
75	75	located, subject to Subsection (d), at any place in the territory
76	76	served by the early voting clerk and may be located in any
77	77	stationary structure as directed by the authority establishing the
78	78	branch office. The polling place may be located in a movable
79	79	structure in the general election for state and county officers or
80	80	the[,] general primary election[, or runoff primary election].
81	81	Ropes or other suitable objects may be used at the polling place to
82	82	ensure compliance with Section 62.004. Persons who are not
83	83	expressly permitted by law to be in a polling place shall be
84	84	excluded from the polling place to the extent practicable.
85	85	SECTION 8. Sections 123.033(d) and (e), Election Code, are
86	86	amended to read as follows:
87	87	(d) A county is not required to provide a political party's
88	88	county executive committee with equipment for use in an election
89	89	precinct in which fewer than 100 votes were cast in the political
90	90	party's most recent general [or runoff] primary.
91	91	(e) The maximum amount that may be charged for leasing
92	92	equipment to a county executive committee for a general [or runoff]
93	93	primary is:
94	94	(1) $5 for each unit of electronic voting system
95	95	equipment installed at a polling place; and
96	96	(2) $5 for each unit of other equipment not specified
97	97	by this subsection.
98	98	SECTION 9. Section 142.006(a), Election Code, is amended to
99	99	read as follows:
100	100	(a) An application for a place on the ballot must be filed
101	101	not later than 5 p.m. of the 30th day after [runoff] primary
102	102	election day, except as provided by Section 202.007.
103	103	SECTION 10. Section 142.008, Election Code, is amended to
104	104	read as follows:
105	105	Sec. 142.008. STATEMENT ON PETITION. The following
106	106	statement must appear at the top of each page of a candidate's
107	107	petition: "I know the purpose of this petition. I have not voted in
108	108	the general primary election [or runoff primary election] of any
109	109	political party that has nominated, at either election, a candidate
110	110	for the office of (insert office title) for which (insert
111	111	candidate's name) is a candidate."
112	112	SECTION 11. Section 142.009, Election Code, is amended to
113	113	read as follows:
114	114	Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
115	115	signature on a candidate's petition is invalid if the signer:
116	116	(1) signed the petition on or before general primary
117	117	election day [or, if a runoff primary is held for the office sought
118	118	by the candidate, on or before runoff primary election day]; or
119	119	(2) voted in the general [or runoff] primary election
120	120	of a political party that made a nomination, at either primary, for
121	121	the office sought by the candidate.
122	122	SECTION 12. Section 162.004(c), Election Code, is amended
123	123	to read as follows:
124	124	(c) If a voter is accepted to vote without presenting a
125	125	registration certificate, the presiding judge shall issue the voter
126	126	an affiliation certificate. [The certificate is not required to be
127	127	issued to a voter in a runoff primary unless the voter requests it.]
128	128	The affiliation certificate may be combined with the notice
129	129	provided under Section 172.1114. If the combined form is used, an
130	130	election officer is not required to comply with Subsection (b).
131	131	SECTION 13. Section 162.005, Election Code, is amended to
132	132	read as follows:
133	133	Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.
134	134	The early voting clerk in a general primary election shall provide
135	135	an affiliation certificate with each early voting or limited ballot
136	136	to be voted by mail. [The certificate is not required to be
137	137	provided to an applicant for a runoff primary ballot unless the
138	138	applicant requests it.]
139	139	SECTION 14. Section 163.004(a), Election Code, is amended
140	140	to read as follows:
141	141	(a) A political party's rules, including amendments to
142	142	rules, governing or affecting its general [or runoff] primary
143	143	elections, conventions held under this code, or nominees may be
144	144	adopted only by:
145	145	(1) a state convention; or
146	146	(2) the state executive committee as:
147	147	(A) a temporary rule, if adoption before the next
148	148	state convention is necessary; or
149	149	(B) a permanent rule, if the state executive
150	150	committee is expressly required or authorized by statute to adopt a
151	151	rule.
152	152	SECTION 15. Sections 171.022(a), (b), and (c), Election
153	153	Code, are amended to read as follows:
154	154	(a) A county executive committee consists of:
155	155	(1) a county chair, who is the presiding officer,
156	156	elected at the general primary election [by majority vote of the
157	157	qualified voters of the county who vote in the primary on that
158	158	office] or appointed by the county executive committee as provided
159	159	by this subchapter; and
160	160	(2) a precinct chair from each county election
161	161	precinct, elected at the general primary [by majority vote of the
162	162	qualified voters of the precinct who vote in the primary on that
163	163	office], subject to Section 171.0221, or appointed by the county
164	164	executive committee as provided by this subchapter.
165	165	(b) Except as provided by Subsection (d), if no candidate
166	166	receives a majority of the votes, a preferential voting system is
167	167	used [runoff] to determine the office [is conducted] in the same
168	168	manner as a preferential voting system is used [runoff primary
169	169	election] to determine a nomination for public office under Section
170	170	172.004. [The candidates to be in a runoff are determined in the
171	171	same manner as candidates in a runoff for a nomination.]
172	172	(c) Each committee member serves for a term of two years
173	173	beginning the 20th day after [runoff] primary election day.
174	174	SECTION 16. Section 172.004, Election Code, is amended to
175	175	read as follows:
176	176	Sec. 172.004. PREFERENTIAL VOTING IN [RUNOFF] PRIMARY
177	177	ELECTION. (a) If no candidate for nomination to a particular
178	178	office receives the vote required for nomination in the general
179	179	primary election, the votes of the candidate receiving the fewest
180	180	number of votes are reassigned to the candidate ranking next
181	181	highest in the preference of a voter [a runoff primary election
182	182	shall be held to determine the nomination].
183	183	(b) If after reassigning votes under Subsection (a) no
184	184	candidate receives a majority of the votes cast designating the
185	185	modified highest favorable ranking, the reassignment of a vote to a
186	186	voter's next most preferred candidate under Subsection (a)
187	187	continues until one candidate receives a majority.
188	188	(c) If two or more candidates tie for the least number of
189	189	votes before a reassignment of votes under Subsection (a) or (b),
190	190	the tied candidates shall cast lots to determine which candidate's
191	191	votes are reassigned.
192	192	(d) The secretary of state shall prescribe procedures to
193	193	provide for an election to be held under this chapter using a
194	194	preferential voting system. The system must allow a voter to rank
195	195	each candidate through a numerical designation from the candidate
196	196	the voter favors most to the candidate the voter favors least [The
197	197	candidates in a runoff for a nomination shall be determined and a
198	198	tie vote in a runoff resolved as provided by Subchapter B, Chapter
199	199	2, for a runoff for an election to office].
200	200	SECTION 17. Section 172.061(a), Election Code, is amended
201	201	to read as follows:
202	202	(a) Except for Section [Sections] 172.058(b), [172.059(c),
203	203	and 172.060(b),] this subchapter applies to a candidate for county
204	204	chair or precinct chair.
205	205	SECTION 18. Section 172.117(a-2), Election Code, is amended
206	206	to read as follows:
207	207	(a-2) The county chair shall update the notations after each
208	208	general primary [and runoff primary] election. After any
209	209	withdrawal or death of a candidate, and subsequent replacement of
210	210	the candidate on the ballot, the chair shall notify the state chair,
211	211	who shall update the notation on the website. All notations must
212	212	be completed and accurate on the date prescribed by the secretary of
213	213	state by rule to ensure that an authority printing general election
214	214	ballots may rely on the information.
215	215	SECTION 19. Section 172.126(a), Election Code, is amended
216	216	to read as follows:
217	217	(a) The primary elections in a county may be conducted
218	218	jointly at the regular polling places designated for the general
219	219	election for state and county officers. The county clerk shall
220	220	supervise the overall conduct of the joint primary elections. This
221	221	section applies to the conduct of joint primary elections
222	222	notwithstanding and in addition to other applicable provisions of
223	223	this code. The decision to conduct a joint general primary election
224	224	[or runoff primary election, as applicable,] must be made by
225	225	majority vote of the full membership of the commissioners court and
226	226	with the unanimous approval of the county clerk and the county chair
227	227	of each political party required to nominate candidates by primary
228	228	election.
229	229	SECTION 20. Section 172.127(b), Election Code, is amended
230	230	to read as follows:
231	231	(b) The presiding judge or alternate presiding judge for the
232	232	precinct may post signs at a polling place for a primary election
233	233	[or a primary runoff election] that:
234	234	(1) identify the names of, or symbols representing,
235	235	any political parties holding an election at the polling place; and
236	236	(2) do not refer to a candidate or measure on the
237	237	ballot.
238	238	SECTION 21. Section 172.130(a), Election Code, is amended
239	239	to read as follows:
240	240	(a) Notwithstanding a conflicting provision of this code,
241	241	the state chair, or the state chair's designee, may perform any
242	242	administrative duty of the county chair or county executive
243	243	committee related to the conduct of a primary election that has not
244	244	been performed in the time required by law, including the
245	245	submission of candidate information under Section 172.029, drawing
246	246	for ballot order under Section [Sections] 172.082 [and 172.084],
247	247	and canvassing returns under Section 172.116.
248	248	SECTION 22. Sections 173.083(a), (b), and (c), Election
249	249	Code, are amended to read as follows:
250	250	(a) The amount of estimated primary election expenses
251	251	payable with state funds under this section is equal to[:
252	252	[(1) for a general primary election,] the difference
253	253	obtained by subtracting the sum of the filing fees and
254	254	contributions reported in the statement of estimated primary
255	255	election expenses from the total amount of estimated general
256	256	primary expenses approved by the secretary of state under Section
257	257	173.082[; and
258	258	[(2) for a runoff primary election, the total amount
259	259	of estimated runoff primary expenses approved by the secretary].
260	260	(b) State payment of the estimated primary election
261	261	expenses shall be made in installments as follows:
262	262	(1) the initial installment [for the expenses of a
263	263	general primary] is equal to three-fourths, or three-fifths if the
264	264	secretary of state determines that figure to be more efficient, of
265	265	the amount of estimated general primary expenses payable with state
266	266	funds; and
267	267	(2) [the initial installment for the expenses of a
268	268	runoff primary is equal to three-fourths, or three-fifths if the
269	269	secretary of state determines that figure to be more efficient, of
270	270	the amount of estimated runoff primary expenses payable with state
271	271	funds; and
272	272	[(3)] the final installment is equal to the difference
273	273	obtained by subtracting the total of the installment [installments]
274	274	paid under Subdivision [Subdivisions] (1) [and (2)] from the total
275	275	of the actual general [and runoff] primary election expenses
276	276	payable with state funds.
277	277	(c) After determining the amount of estimated primary
278	278	expenses to approve under Section 173.082 for a general [or runoff]
279	279	primary, the secretary of state shall calculate the amount of the
280	280	installment payable under Subsection (b)(1) [or (2), as
281	281	applicable]. The secretary shall then prepare and deliver to the
282	282	comptroller of public accounts a certified statement indicating the
283	283	amount of the installment, the total amount of estimated general
284	284	[or runoff] primary expenses payable with state funds, and the name
285	285	of the county or state chair who submitted the statement of
286	286	estimated primary election expenses.
287	287	SECTION 23. Sections 173.0833(a) and (b), Election Code,
288	288	are amended to read as follows:
289	289	(a) This section applies to election services and materials
290	290	provided by a vendor for use in a primary election [or primary
291	291	runoff election], including:
292	292	(1) the printing of paper ballot material containing
293	293	candidates' names used in a polling place;
294	294	(2) the programming and testing of voting system
295	295	equipment, including ballot layout, programming of equipment, and
296	296	audio production;
297	297	(3) site support or technical support other than the
298	298	programming or testing of voting system equipment;
299	299	(4) nonballot election materials used in a precinct on
300	300	election day, including election kits, required party stamps,
301	301	distance signs, and required forms; and
302	302	(5) the rental of non-county-owned electronic voting
303	303	system equipment, including media components.
304	304	(b) A vendor providing election services or materials to a
305	305	county chair or a county election officer contracting with a county
306	306	chair for a primary [or runoff primary] election shall directly
307	307	bill the secretary of state for the cost of the services or
308	308	materials used on election day for which state funding is available
309	309	under this chapter.
310	310	SECTION 24. Sections 173.084(a) and (b), Election Code, are
311	311	amended to read as follows:
312	312	(a) Regardless of whether state funds are requested for
313	313	paying primary expenses, each county chair and state chair shall
314	314	prepare a report that includes:
315	315	(1) an itemized list of the actual expenses incurred
316	316	in connection with the primary election [general and runoff
317	317	primaries] by the authority preparing the report and by the
318	318	executive committee over which the authority presides;
319	319	(2) the amount of the primary candidates' filing fees
320	320	required to be deposited in the county primary fund if the report is
321	321	by a county chair, or in the state primary fund if the report is by
322	322	the state chair;
323	323	(3) the amount of filing fees that have been refunded;
324	324	(4) the amount of the contributions to the executive
325	325	committee over which the authority preparing the report presides
326	326	that:
327	327	(A) are for the purpose of defraying primary
328	328	election expenses; and
329	329	(B) have not been included in a report filed
330	330	under this section for a previous primary election year; and
331	331	(5) the balance in the county primary fund if the
332	332	report is by a county chair, or in the state primary fund if the
333	333	report is by the state chair, that remains after deducting the
334	334	primary election expenses actually incurred and the refunded filing
335	335	fees.
336	336	(b) The authority preparing the report shall file it with
337	337	the secretary of state not later than August 31 following the
338	338	[applicable] primary election[, in the case of the county chair's
339	339	report, or if no runoff primary is held for a statewide or district
340	340	office, in the case of the state chair's report].
341	341	SECTION 25. Section 202.007(a), Election Code, is amended
342	342	to read as follows:
343	343	(a) If a vacancy occurs after [runoff] primary election day,
344	344	an independent candidate for the unexpired term must file the
345	345	application for a place on the ballot not later than 5 p.m. of the
346	346	30th day after the date the vacancy occurs or 5 p.m. of the 70th day
347	347	before general election day, whichever is earlier.
348	348	SECTION 26. Section 232.008(c), Election Code, is amended
349	349	to read as follows:
350	350	(c) A contestant must file the petition not later than the
351	351	10th day after the date the official result is determined in a
352	352	contest of:
353	353	(1) a primary [or runoff primary] election; or
354	354	(2) a general or special election for which a runoff is
355	355	necessary according to the official result or will be necessary if
356	356	the contestant prevails.
357	357	SECTION 27. Section 232.048(a), Election Code, is amended
358	358	to read as follows:
359	359	(a) If no candidate receives a majority vote in a new
360	360	election ordered by a court in the contest of an election in which a
361	361	majority vote is required, a runoff election shall be held[:
362	362	[(1) for a primary election contest, on the date set by
363	363	the district court in which the contest was heard, except as
364	364	provided by Subsection (c); or
365	365	[(2) for a contest of a general or special election,]
366	366	on the date set by the authority responsible for ordering the runoff
367	367	election.
368	368	SECTION 28. Section 255.002(a), Election Code, is amended
369	369	to read as follows:
370	370	(a) The rate charged for political advertising by a radio or
371	371	television station may not exceed:
372	372	(1) during the 45 days preceding a general [or runoff]
373	373	primary election and during the 60 days preceding a general or
374	374	special election, the broadcaster's lowest unit charge for
375	375	advertising of the same class, for the same time, and for the same
376	376	period; or
377	377	(2) at any time other than that specified by
378	378	Subdivision (1), the amount charged other users for comparable use
379	379	of the station.
380	380	SECTION 29. The following provisions of the Election Code
381	381	are repealed:
382	382	(1) Section 41.007(b);
383	383	(2) Section 172.058(c);
384	384	(3) Section 172.059;
385	385	(4) Section 172.060;
386	386	(5) Section 172.061(b);
387	387	(6) Section 172.084;
388	388	(7) Section 172.120(b-1);
389	389	(8) Section 172.121;
390	390	(9) Section 172.125; and
391	391	(10) Section 173.081(e).
392	392	SECTION 30. The changes in law made by this Act apply only
393	393	to an election ordered on or after September 1, 2019.
394	394	SECTION 31. This Act takes effect September 1, 2019.