Texas 2019 - 86th Regular

Texas House Bill HB2640 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2640
	1	+	By: Cortez (Senate Sponsor - Hughes) H.B. No. 2640
	2	+	(In the Senate - Received from the House May 13, 2019;
	3	+	May 14, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 19, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 19, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2640 By: Hughes
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to political parties.
6	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	15		SECTION 1. Sections 67.017(a) and (b), Election Code, are
8	16		amended to read as follows:
9	17		(a) After each election for a statewide office or the office
10	18		of United States representative, state senator, or state
11	19		representative, a district office, a county office, or a precinct
12	20		office, the county clerk shall prepare a report of the number of
13	21		votes, including early voting votes cast by mail and early voting
14	22		votes cast by personal appearance, received in each county election
15	23		precinct for each candidate for each of those offices. In a
16	24		presidential election year, the report must include the number of
17	25		votes received in each precinct for each set of candidates for
18	26		president and vice-president of the United States. [For any other
19	27		election, the presiding officer of the canvassing authority shall
20	28		prepare a report of the precinct results as contained in the
21	29		election register.]
22	30		(b) The county clerk [or presiding officer] shall deliver
23	31		the report to the secretary of state not later than the 30th day
24	32		after election day in an electronic format prescribed by the
25	33		secretary of state.
26	34		SECTION 2. Section 161.008(b), Election Code, is amended to
27	35		read as follows:
28	36		(b) Not later than the 68th day before general election day,
29	37		the secretary of state shall deliver the certification to the
30	38		authority responsible for having the official general election
31	39		ballot prepared in each county in which the candidate's name is to
32	40		appear on the ballot. The secretary of state may deliver the
33	41		certification by notifying the authority that the candidates posted
34	42		on the secretary of state's Internet website are the candidates
35	43		certified. In addition to the other methods of delivering the
36	44		certification under this section, the secretary of state shall
37	45		deliver a copy of the certification to the authority by e-mail.
38	46		SECTION 3. Section 162.003, Election Code, is amended to
39	47		read as follows:
40	48		Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. A person
41	49		becomes affiliated with a political party when the person:
42	50		(1) is accepted to vote in the party's primary
43	51		election; or
44	52		(2) returns [applies for and is provided] an early
45	53		voting or limited primary ballot [to be] voted by mail.
46	54		SECTION 4. Section 162.004, Election Code, is amended by
47	55		adding Subsection (a-1) and amending Subsections (b) and (c) to
48	56		read as follows:
49	57		(a-1) An election officer shall stamp a voter registration
50	58		certificate with a party affiliation under Subsection (b) or
51	59		provide an affiliation certificate under Subsection (c) unless, not
52	60		later than the 90th day before the date of the primary election, the
53	61		county chair notifies the county clerk that the chair does not
54	62		require a stamped voter registration certificate or affiliation
55	63		certificate for verification of attendance at a precinct
56	64		convention.
57	65		(b) Subject to Subsection (a-1), an [An] election officer at
58	66		a primary election polling place shall stamp the party's name in the
59	67		party affiliation space of the registration certificate of each
60	68		voter who presents the voter's registration certificate and is
61	69		accepted to vote unless the party name has already been stamped in
62	70		the space.
63	71		(c) Subject to Subsection (a-1), if [If] a voter is accepted
64	72		to vote without presenting a registration certificate, the
65	73		presiding judge shall issue the voter an affiliation certificate.
66	74		The certificate is not required to be issued to a voter in a runoff
67	75		primary unless the voter requests it. The affiliation certificate
68	76		may be combined with the notice provided under Section 172.1114. If
69	77		the combined form is used, an election officer is not required to
70	78		comply with Subsection (b).
71	79		SECTION 5. Section 162.005, Election Code, is amended to
72	80		read as follows:
73	81		Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.
74	82		Subject to Section 162.004(a-1), the [The] early voting clerk in a
75	83		general primary election shall provide an affiliation certificate
76	84		with each early voting or limited ballot to be voted by mail. The
77	85		certificate is not required to be provided to an applicant for a
78	86		runoff primary ballot unless the applicant requests it.
79	87		SECTION 6. Sections 162.008(b) and (c), Election Code, are
80	88		amended to read as follows:
81	89		(b) On request of a person desiring to affiliate with a
82	90		political party, a member of the county executive committee for the
83	91		county in which the person resides or other person authorized by
84	92		party rule shall administer the following oath: "I swear that I have
85	93		not voted in a primary election or participated in a convention of
86	94		another party during this voting year. I hereby affiliate myself
87	95		with the __________ Party." [prescribed by Section 162.007(b).]
88	96		(c) After administering the oath, the committee member or
89	97		authorized person may [shall] stamp the party's name in the party
90	98		affiliation space unless the party name has already been stamped in
91	99		the space. If the person does not present a registration
92	100		certificate, the committee member or authorized person on the
93	101		person's request shall issue the person an affiliation certificate
94	102		[on the person's registration certificate or issue the person an
95	103		affiliation certificate as provided by Section 162.007(c)].
96	104		SECTION 7. Section 171.002, Election Code, is amended to
97	105		read as follows:
98	106		Sec. 171.002. COMMITTEE COMPOSITION. (a) The state
99	107		executive committee consists of two members from each state
100	108		senatorial district or congressional district, as determined by
101	109		party rule. One of each district's members must be a man and the
102	110		other a woman.
103	111		(b) In addition to the members representing the senatorial
104	112		or congressional districts, the committee has a chair and a vice
105	113		chair, one of whom must be a man and the other a woman. Except as
106	114		otherwise provided by party rule, the chair and vice chair are
107	115		considered members of the committee.
108	116		(c) The chair, vice chair, and members representing the
109	117		senatorial or congressional districts are elected at the party's
110	118		biennial state convention. However, the chair, vice chair, and
111	119		members may be elected for four-year terms at the state convention
112	120		held in gubernatorial election years. Each holds office until a
113	121		successor is elected and assumes office.
114	122		(d) The members elected to represent a particular
115	123		senatorial or congressional district must be those recommended by
116	124		the convention delegates representing that senatorial or
117	125		congressional district.
118	126		SECTION 8. Section 171.003(c), Election Code, is amended to
119	127		read as follows:
120	128		(c) To be eligible to serve as a replacement to fill a
121	129		vacancy in a membership representing a senatorial or congressional
122	130		district, a person must reside in the district.
123	131		SECTION 9. Section 171.004(a), Election Code, is amended to
124	132		read as follows:
125	133		(a) To participate in a state executive committee meeting as
126	134		a proxy for a member representing a senatorial or congressional
127	135		district, a person must reside in that district.
128	136		SECTION 10. Section 171.0231, Election Code, is amended to
129	137		read as follows:
130	138		Sec. 171.0231. WRITE-IN CANDIDATE FOR COUNTY CHAIR OR
131	139		PRECINCT CHAIR. (a) Write-in candidates are not permitted for
132	140		county chair or precinct chair unless a county executive committee
133	141		authorizes write-in candidates.
134	142		(b) If the county executive committee authorizes write-in
135	143		candidates:
136	144		(1) a [(a) A] write-in vote for the office of county
137	145		chair or precinct chair may not be counted unless the name written
138	146		in appears on the list of write-in candidates;
139	147		(2) to[.
140	148		[(b) To] be entitled to a place on the list of write-in
141	149		candidates, a candidate must make a declaration of write-in
142	150		candidacy;
143	151		(3) a[.
144	152		[(c) A] declaration of write-in candidacy must be filed with
145	153		the authority with whom an application for a place on the ballot is
146	154		required to be filed for the office;
147	155		(4) a[.
148	156		[(d) A] declaration of write-in candidacy must be filed not
149	157		later than 6 p.m. of the fifth day after the date of the filing
150	158		deadline for the general primary election;
151	159		(5) with[.
152	160		[(e) With] the appropriate modifications and to the extent
153	161		practicable, Subchapter B, Chapter 146, applies to write-in voting
154	162		for the office of county chair or precinct chair; and
155	163		(6) the[.
156	164		[(g) The] secretary of state shall prescribe any procedures
157	165		necessary to implement this subsection [section].
158	166		SECTION 11. Section 171.024, Election Code, is amended by
159	167		amending Subsection (e) and adding Subsections (f) and (g) to read
160	168		as follows:
161	169		(e) After a vacancy is filled, the county chair shall submit
162	170		the replacement member's name to the secretary of state for posting
163	171		on the secretary of state's Internet website [promptly deliver
164	172		written or electronic notice of the replacement member's name and
165	173		address to the state chair and to the county clerk].
166	174		(f) The secretary of state shall create a system for the
167	175		county chair to submit the information to the secretary of state for
168	176		posting on the secretary of state's Internet website under
169	177		Subsection (e).
170	178		(g) The state executive committee may by rule require a
171	179		specific deadline for filling vacancies on a county executive
172	180		committee before that committee fills a vacancy in nomination for
173	181		public office, but may not set the deadline for a date later than
174	182		the date that the vacancy in nomination for public office occurred.
175	183		The deadline does not apply to the filling of a vacancy if the
176	184		executive committee contains no members.
177	185		SECTION 12. Section 171.051, Election Code, is amended to
178	186		read as follows:
179	187		Sec. 171.051. DISTRICT EXECUTIVE COMMITTEE ESTABLISHED.
180	188		(a) For each district from which an officer of the federal or state
181	189		government is elected, a district executive committee is
182	190		established as provided by this subchapter for each political party
183	191		holding a primary election.
184	192		(b) The state executive committee may by rule require a
185	193		specific deadline for filling vacancies on a district executive
186	194		committee before that committee fills a vacancy in nomination for
187	195		public office, but may not set the deadline for a date later than
188	196		the date that the vacancy in nomination for public office occurred.
189	197		The deadline does not apply to the filling of a vacancy if the
190	198		executive committee contains no members.
191	199		SECTION 13. Section 171.053(a), Election Code, is amended
192	200		to read as follows:
193	201		(a) The district executive committee for a district
194	202		comprising only a part of a single county consists of the members of
195	203		the county executive committee who reside [precinct chairs of the
196	204		county election precincts] in the district.
197	205		SECTION 14. Section 171.071, Election Code, is amended to
198	206		read as follows:
199	207		Sec. 171.071. PRECINCT EXECUTIVE COMMITTEE ESTABLISHED.
200	208		(a) For each commissioners precinct and for each justice precinct,
201	209		a precinct executive committee is established as provided by this
202	210		subchapter for each political party holding a primary election.
203	211		(b) The state executive committee may by rule require a
204	212		specific deadline for filling vacancies on a precinct executive
205	213		committee before that committee fills a vacancy in nomination for
206	214		public office, but may not set the deadline for a date later than
207	215		the date that the vacancy in nomination for public office occurred.
208	216		The deadline does not apply to the filling of a vacancy if the
209	217		executive committee contains no members.
210	218		SECTION 15. Section 171.072(a), Election Code, is amended
211	219		to read as follows:
212	220		(a) The precinct executive committee for a commissioners
213	221		precinct or for a justice precinct containing three or more county
214	222		election precincts consists of the members of the county executive
215	223		committee who reside [precinct chair of each county election
216	224		precinct] in the commissioners or justice precinct, as applicable.
217	225		SECTION 16. Subchapter B, Chapter 172, Election Code, is
218	226		amended by adding Sections 172.0222 and 172.0223 to read as
219	227		follows:
220	228		Sec. 172.0222. REVIEW OF APPLICATION; NOTICE TO CANDIDATE.
221	229		(a) If the application of this section conflicts with the
222	230		application of Section 141.032, this section prevails.
223	231		(b) On the filing of an application for a place on the
224	232		general primary election ballot, the authority with whom the
225	233		application is filed shall review the application to determine
226	234		whether it complies with the requirements as to form, content, and
227	235		procedure that it must satisfy for the candidate's name to be placed
228	236		on the general primary election ballot.
229	237		(c) Except as provided by Subsection (d) or (e), the review
230	238		shall be completed not later than the fifth business day after the
231	239		date the application is received by the authority.
232	240		(d) If an application is submitted fewer than five business
233	241		days before the regular filing deadline, the review shall be
234	242		completed not later than the first Friday after the regular filing
235	243		deadline.
236	244		(e) If an application is accompanied by a petition, the
237	245		petition is considered part of the application, and the review
238	246		shall be completed as soon as practicable after the date the
239	247		application is received by the authority. However, the petition is
240	248		not considered part of the application for purposes of determining
241	249		compliance with the requirements applicable to each document, and a
242	250		deficiency in the requirements for one document may not be remedied
243	251		by the contents of the other document. Unless the petition is
244	252		challenged, the authority is only required to review the petition
245	253		for facial compliance with the applicable requirements as to form,
246	254		content, and procedure.
247	255		(f) A determination under this section that an application
248	256		complies with the applicable requirements does not preclude a
249	257		subsequent determination that the application does not comply,
250	258		subject to Section 172.0223.
251	259		(g) If an application does not comply with the applicable
252	260		requirements, the authority shall reject the application and
253	261		immediately deliver to the candidate written notice of the reason
254	262		for the rejection.
255	263		(h) This section does not apply to a determination of a
256	264		candidate's eligibility.
257	265		(i) After the filing deadline:
258	266		(1) a candidate may not amend an application filed
259	267		under Section 172.021; and
260	268		(2) the authority with whom the application is filed
261	269		may not accept an amendment to an application filed under Section
262	270		172.021.
263	271		Sec. 172.0223. LIMITATION ON CHALLENGE OF APPLICATION. (a)
264	272		If the application of this section conflicts with the application
265	273		of Section 141.034, this section prevails.
266	274		(b) An application for a place on the general primary
267	275		election ballot may not be challenged for compliance with the
268	276		applicable requirements as to form, content, and procedure after
269	277		the 50th day before the date of the election for which the
270	278		application is made.
271	279		(c) This section does not apply to a determination of a
272	280		candidate's eligibility.
273	281		(d) A challenge must state with specificity how the
274	282		application does not comply with the applicable requirements as to
275	283		form, content, and procedure. The authority's review of the
276	284		challenge is limited to the specific items challenged and any
277	285		response filed with the authority by the challenged candidate.
278	286		SECTION 17. Section 172.055(c), Election Code, is amended
279	287		to read as follows:
280	288		(c) Not later than 24 hours after the candidate withdraws or
281	289		is declared ineligible or after the authority preparing the notice
282	290		learns of the candidate's death, as applicable, the authority
283	291		shall:
284	292		(1) deliver a copy of the notice to:
285	293		(A) [(1)] at least one daily newspaper published
286	294		in the county or, if none, at least one weekly newspaper published
287	295		there, if any, for a notice prepared by the county chair;
288	296		(B) [(2)] at least three daily newspapers that
289	297		regularly maintain a news representative at the State Capitol, for
290	298		a notice applicable to a statewide office; or
291	299		(C) [(3)] at least one daily newspaper published
292	300		in each county wholly or partly situated in the district or, if
293	301		none, at least one weekly newspaper published there, if any, for a
294	302		notice prepared by the state chair for a district office;
295	303		(2) post the notice on the authority's Internet
296	304		website, if one is maintained; and
297	305		(3) send a copy of the notice to:
298	306		(A) the secretary of state, to be posted on the
299	307		secretary of state's Internet website, for a candidate for an
300	308		office filled by voters of more than one county; or
301	309		(B) the county clerk, to be posted on the
302	310		county's Internet website, for an office filled by voters of a
303	311		single county.
304	312		SECTION 18. Section 172.082, Election Code, is amended by
305	313		amending Subsections (b) and (f) and adding Subsection (g) to read
306	314		as follows:
307	315		(b) The county chair or the county chair's designee shall
308	316		conduct the drawing unless the county executive committee provides
309	317		by resolution that the drawing be conducted by the primary
310	318		committee.
311	319		(f) The state chair shall conduct the drawing if:
312	320		(1) the county chair[:
313	321		[(1)] requests that the state chair conduct the
314	322		drawing; or
315	323		(2) the county chair or the county chair's designee
316	324		fails to conduct the drawing by the deadline set in this section.
317	325		(g) A designee appointed by the county chair to conduct the
318	326		drawing under this section must be:
319	327		(1) a member of the county executive committee; or
320	328		(2) if no member of the county executive committee is
321	329		available to conduct the drawing, a resident of the county served by
322	330		the committee who is affiliated with the same political party.
323	331		SECTION 19. Section 172.088(g), Election Code, is amended
324	332		to read as follows:
325	333		(g) The state executive committee shall prescribe the
326	334		wording of the ballot language for the proposition submitted by the
327	335		petition [submitting a proposal].
328	336		SECTION 20. Section 172.090, Election Code, is amended by
329	337		amending Subsection (a) and adding Subsections (d) and (e) to read
330	338		as follows:
331	339		(a) In a primary election [in which election precincts are
332	340		consolidated], the county executive committee may provide by
333	341		resolution, order, or other official action for voting [in a
334	342		consolidated precinct] by separate paper ballot for the office of
335	343		precinct chair.
336	344		(d) The county chair or the county clerk may produce and
337	345		number ballots by hand under this section.
338	346		(e) The secretary of state shall adopt rules for conducting
339	347		a hand count of ballots under this section.
340	348		SECTION 21. Sections 172.1111(a) and (c), Election Code,
341	349		are amended to read as follows:
342	350		(a) Before the opening of the polls during the early voting
343	351		period and on election day, the presiding judge shall post at each
344	352		outside door through which a voter may enter the building in which
345	353		the polling place is located a written notice in bold print of the
346	354		date, hour, and place for each precinct, county, senatorial, or
347	355		state convention that a voter in the precinct may be eligible to
348	356		attend during the election year.
349	357		(c) The notice must remain posted continuously through the
350	358		early voting period and on election day.
351	359		SECTION 22. Section 172.1112(a), Election Code, is amended
352	360		to read as follows:
353	361		(a) The county clerk shall post a notice of the election and
354	362		a notice of consolidated precincts, if applicable, in the manner
355	363		prescribed by Section 4.003(b) for general and special elections.
356	364		The notice of the election shall be posted on the county's [party's]
357	365		Internet website, if the county [party] maintains a website. If the
358	366		county [party] does not maintain a website, the notice shall be
359	367		posted on the bulletin board used for posting notice of meetings of
360	368		the commissioners court.
361	369		SECTION 23. Section 172.1114(e), Election Code, is amended
362	370		to read as follows:
363	371		(e) A county chair of a political party shall supply or
364	372		contract with the authority to supply a notice prepared according
365	373		to this section to the authority conducting the election not later
366	374		than the 30th day before the date early voting by personal
367	375		appearance begins. The authority's preparation of copies is a
368	376		necessary expense incurred in connection with a primary election
369	377		under Section 173.001.
370	378		SECTION 24. Section 172.113(e), Election Code, is amended
371	379		to read as follows:
372	380		(e) On completing the tabulation, the authority shall:
373	381		(1) deliver it to the general custodian; or [may]
374	382		(2) post the tabulation:
375	383		(A) on the county's website; and [or]
376	384		(B) if required by secretary of state rule, the
377	385		secretary of state's website.
378	386		SECTION 25. Section 172.1141, Election Code, is amended to
379	387		read as follows:
380	388		Sec. 172.1141. LIST OF REGISTERED VOTERS FOR CONVENTION.
381	389		(a) A county clerk shall prepare a list under this section unless,
382	390		not later than the 90th day before the date of the primary, the
383	391		county chair notifies the county clerk that the chair does not
384	392		require a list. At the same time the acceptance of each voter for
385	393		voting in the general primary election is indicated on the precinct
386	394		list of registered voters furnished for use in the election, the
387	395		acceptance of the voter shall also be indicated on the list
388	396		furnished for use in the party's conventions.
389	397		(b) If a county records the acceptance of a voter
390	398		electronically, the state chair or county chair may request and the
391	399		county clerk shall provide not later than the date of the local
392	400		general primary canvass an electronic document listing the persons
393	401		who voted in the party primary, the unique identifier assigned to
394	402		each person, and whether the person voted early in person or by
395	403		mail, or voted in person on election day.
396	404		SECTION 26. Section 172.115(c), Election Code, is amended
397	405		to read as follows:
398	406		(c) The presiding judge shall retain and provide at the
399	407		appropriate time the list of registered voters to be used in the
400	408		party's conventions if the list was produced under Section
401	409		172.1141.
402	410		SECTION 27. Section 172.116, Election Code, is amended by
403	411		amending Subsections (a), (b), and (c) and adding Subsection (h) to
404	412		read as follows:
405	413		(a) The county chair or the county chair's designee and, if
406	414		available, at least one member of the county executive committee
407	415		selected by the county executive committee shall canvass the
408	416		precinct election returns for the county.
409	417		(b) The county chair or the county chair's designee and any
410	418		selected county executive committee member shall convene to conduct
411	419		the local canvass on the second Thursday after election day at the
412	420		hour specified by the county chair and posted on the county party
413	421		website or the commissioners court bulletin board if the county
414	422		organization of the political party does not maintain a website.
415	423		(c) The county clerk shall prepare and electronically
416	424		submit to the secretary of state a report of the results of the
417	425		canvass, which must include:
418	426		(1) the total number of votes cast in each precinct for
419	427		each candidate or measure; and
420	428		(2) the number of counted and uncounted provisional
421	429		ballots cast in each precinct.
422	430		(h) A designee appointed by the county chair to conduct the
423	431		local canvass under this section must be:
424	432		(1) a member of the county executive committee; or
425	433		(2) if no member of the county executive committee is
426	434		available to conduct the canvass, a resident of the county served by
427	435		the committee who is affiliated with the same political party.
428	436		SECTION 28. Sections 172.117(a-1) and (a-2), Election Code,
429	437		are amended to read as follows:
430	438		(a-1) The secretary of state shall develop appropriate
431	439		notations to describe the status of each candidate. The notations
432	440		shall include:
433	441		(1) "filed";
434	442		(2) "accepted";
435	443		(3) "rejected";
436	444		(4) "withdrew";
437	445		(5) [(3)] "lost primary";
438	446		(6) [(4)] "in runoff";
439	447		(7) [(5)] "lost runoff";
440	448		(8) [(6)] "deceased";
441	449		(9) [(7)] "declared ineligible"; or
442	450		(10) [(8)] "nominee for general election."
443	451		(a-2) The county chair shall update the notations after each
444	452		general primary and runoff primary election, unless the secretary
445	453		of state's Internet website automatically updates the notations
446	454		based on election returns. After any withdrawal or death of a
447	455		candidate, and subsequent replacement of the candidate on the
448	456		ballot, the chair shall notify the state chair, who shall update the
449	457		notation on the website. All notations must be completed and
450	458		accurate on the date prescribed by the secretary of state by rule to
451	459		ensure that an authority printing general election ballots may rely
452	460		on the information.
453	461		SECTION 29. Section 172.121(b), Election Code, is amended
454	462		to read as follows:
455	463		(b) The secretary of state shall update the status of each
456	464		candidate as appropriate [The state chair shall deliver the
457	465		certification] by posting next to the candidate's name on the
458	466		secretary of state's website whether the person lost in the primary
459	467		or is in a runoff for the position as soon as practicable after the
460	468		state canvass of the general primary election is completed.
461	469		SECTION 30. Section 172.122, Election Code, is amended by
462	470		amending Subsection (b) and adding Subsection (c) to read as
463	471		follows:
464	472		(b) Not later than the 20th day after the date the state
465	473		canvass is completed, the state chair shall submit [deliver] the
466	474		certification to the secretary of state for posting on the
467	475		secretary of state's Internet website.
468	476		(c) The secretary of state shall create a system for the
469	477		state chair to submit the information to the secretary of state for
470	478		posting on the secretary of state's Internet website under
471	479		Subsection (b).
472	480		SECTION 31. Section 172.124(a), Election Code, is amended
473	481		to read as follows:
474	482		(a) For each primary election, the county clerk shall
475	483		prepare a report of the number of votes, including early voting
476	484		votes, received in each county election precinct by each candidate
477	485		for an [a statewide] office, other than a party office, [or the
478	486		office of United States representative, state senator, or state
479	487		representative,] as provided by Section 67.017 for the report of
480	488		precinct results for a general election.
481	489		SECTION 32. Section 172.130(a), Election Code, is amended
482	490		to read as follows:
483	491		(a) Notwithstanding a conflicting provision of this code,
484	492		the state chair, or the state chair's designee, may perform any
485	493		administrative duty of the county chair, county chair's designee,
486	494		or county executive committee related to the conduct of a primary
487	495		election that has not been performed in the time required by law,
488	496		including the submission of candidate information under Section
489	497		172.029, drawing for ballot order under Section [Sections] 172.082
490	498		[and 172.084], and canvassing returns under Section 172.116.
491	499		SECTION 33. Section 173.032(c), Election Code, is amended
492	500		to read as follows:
493	501		(c) The state chair may, with the consent of the secretary
494	502		of state and the county chair or county executive committee, if one
495	503		exists for the county, accept money into the state primary fund on
496	504		behalf of a county party. The state chair must keep records to
497	505		track the money that is attributable to a county.
498	506		SECTION 34. Subchapter B, Chapter 173, Election Code, is
499	507		amended by adding Section 173.0341 to read as follows:
500	508		Sec. 173.0341. STATE CHAIR AS FISCAL AGENT FOR COUNTY
501	509		PARTY. (a) A state chair, or the designee of a state chair, may
502	510		enter into an agreement with a county chair under which the state
503	511		chair will act as a fiscal agent for the county party.
504	512		(b) The secretary of state shall prescribe the form of an
505	513		agreement under this section.
506	514		(c) If the state chair acts as the fiscal agent for a county
507	515		party in accordance with an agreement under this section:
508	516		(1) the state chair shall deliver the completed
509	517		agreement to the secretary of state;
510	518		(2) any filing fee received by the county party under
511	519		Subchapter C must be made payable to the state party for deposit in
512	520		the state primary fund not later than five days after receipt of the
513	521		filing fee;
514	522		(3) the county chair or county executive committee
515	523		shall make a request in accordance with Section 31.093 to enter into
516	524		a contract with the county elections administrator to conduct
517	525		primary elections in the county; and
518	526		(4) Section 173.031 does not apply to the county
519	527		party.
520	528		SECTION 35. Section 173.061, Election Code, is amended to
521	529		read as follows:
522	530		Sec. 173.061. FEE PAID TO COUNTY CHAIR. Except as provided
523	531		by Section 173.0341(c)(2), the [The] county chair shall deposit in
524	532		the county primary fund each filing fee accompanying an application
525	533		for a place on the ballot filed with the county chair.
526	534		SECTION 36. Section 174.021(b), Election Code, is amended
527	535		to read as follows:
528	536		(b) A political party may by rule allow a county to hold
529	537		precinct conventions before or during the county convention on the
530	538		same day and at the same place as the county convention. The rule
531	539		may modify other provisions of this subchapter as necessary for the
532	540		county to hold precinct conventions as provided by this subsection.
533	541		SECTION 37. Section 174.025(c), Election Code, is amended
534	542		to read as follows:
535	543		(c) Before conducting business, the precinct chair shall
536	544		prepare a list containing the name and residence address of each
537	545		person who is admitted to participate in the convention. The state
538	546		executive committee by rule may adopt an alternate process in place
539	547		of the requirement under this subsection.
540	548		SECTION 38. Sections 174.064(c) and (d), Election Code, are
541	549		amended to read as follows:
542	550		(c) The county chair shall post [and deliver] the notice of
543	551		a county convention. The temporary chair of a senatorial district
544	552		convention shall post [and deliver] the notice of the senatorial
545	553		district convention.
546	554		(d) If the county chair fails to post [or deliver] notice in
547	555		accordance with this section, another member of the county
548	556		executive committee may post [or deliver] the notice. If the
549	557		temporary chair of a senatorial district convention fails to post
550	558		[or deliver] notice in accordance with this section, another member
551	559		of the county executive committee who may participate in setting
552	560		the convention's hour and place may post [or deliver] the notice.
553	561		SECTION 39. Section 191.003, Election Code, is amended to
554	562		read as follows:
555	563		Sec. 191.003. NOTICE OF CANDIDATES TO SECRETARY OF STATE.
556	564		(a) The state chair of each political party holding a presidential
557	565		primary election shall submit the information to the secretary of
558	566		state for posting on the secretary of state's Internet website and
559	567		certify the name of each presidential candidate who qualifies for a
560	568		place on the presidential primary election ballot in the same
561	569		manner as a candidate filing for statewide, district, and county
562	570		offices [and deliver the certification to the secretary of state]
563	571		not later than the ninth day after the date of the regular filing
564	572		deadline for the general primary election.
565	573		(b) The secretary of state shall create a system for
566	574		submitting the information to the secretary of state for posting on
567	575		the secretary of state's Internet website under Subsection (a).
568	576		SECTION 40. Section 191.004(b), Election Code, is amended
569	577		to read as follows:
570	578		(b) The names of the presidential candidates shall be
571	579		printed as the first race on the ballot under the heading
572	580		"Preference For Presidential Nominee" followed by the instruction,
573	581		"You may vote for one presidential candidate whose name appears on
574	582		the ballot by making a mark [placing an 'X'] in the shape [square]
575	583		beside the candidate's name." If party rules provide for voting for
576	584		an uncommitted status, the instruction shall read, "You may vote
577	585		for one presidential candidate whose name appears on the ballot by
578	586		making a mark [placing an 'X'] in the shape [square] beside the
579	587		candidate's name or you may vote as uncommitted by making a mark
580	588		[placing an 'X'] in the shape [square] beside 'Uncommitted.' Make
581	589		only one choice." The instruction shall be changed as appropriate
582	590		to accommodate the form of a voting system ballot.
583	591		SECTION 41. Section 191.008(d), Election Code, is amended
584	592		to read as follows:
585	593		(d) For a political party to be entitled to have its
586	594		nominees for president and vice-president of the United States
587	595		placed on the general election ballot in an election year in which
588	596		the party is holding a presidential primary election, the rules
589	597		adopted under this section or the rules already in existence must be
590	598		posted on the party's Internet website and filed with the secretary
591	599		of state not later than January 5 of the presidential election year.
592	600		The secretary of state may extend this deadline for good cause.
593	601		SECTION 42. The following provisions of the Election Code
594	602		are repealed:
595	603		(1) Section 171.054(g);
596	604		(2) Section 174.023(b); and
597	605		(3) Section 174.064(b).
598	606		SECTION 43. This Act takes effect September 1, 2019.
599		-	______________________________ ______________________________
600		-	President of the Senate Speaker of the House
601		-	I certify that H.B. No. 2640 was passed by the House on May
602		-	10, 2019, by the following vote: Yeas 130, Nays 11, 2 present, not
603		-	voting; and that the House concurred in Senate amendments to H.B.
604		-	No. 2640 on May 24, 2019, by the following vote: Yeas 100, Nays 40,
605		-	2 present, not voting.
606		-	______________________________
607		-	Chief Clerk of the House
608		-	I certify that H.B. No. 2640 was passed by the Senate, with
609		-	amendments, on May 22, 2019, by the following vote: Yeas 30, Nays
610		-	1.
611		-	______________________________
612		-	Secretary of the Senate
613		-	APPROVED: __________________
614		-	Date
615		-	__________________
616		-	Governor
	607	+	* * * * *