Texas 2019 - 86th Regular

Texas House Bill HB2640 Latest Draft

Bill / Enrolled Version Filed 05/25/2019

                            H.B. No. 2640


 AN ACT
 relating to political parties.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 67.017(a) and (b), Election Code, are
 amended to read as follows:
 (a)  After each election for a statewide office or the office
 of United States representative, state senator, or state
 representative, a district office, a county office, or a precinct
 office, the county clerk shall prepare a report of the number of
 votes, including early voting votes cast by mail and early voting
 votes cast by personal appearance, received in each county election
 precinct for each candidate for each of those offices. In a
 presidential election year, the report must include the number of
 votes received in each precinct for each set of candidates for
 president and vice-president of the United States. [For any other
 election, the presiding officer of the canvassing authority shall
 prepare a report of the precinct results as contained in the
 election register.]
 (b)  The county clerk [or presiding officer] shall deliver
 the report to the secretary of state not later than the 30th day
 after election day in an electronic format prescribed by the
 secretary of state.
 SECTION 2.  Section 161.008(b), Election Code, is amended to
 read as follows:
 (b)  Not later than the 68th day before general election day,
 the secretary of state shall deliver the certification to the
 authority responsible for having the official general election
 ballot prepared in each county in which the candidate's name is to
 appear on the ballot. The secretary of state may deliver the
 certification by notifying the authority that the candidates posted
 on the secretary of state's Internet website are the candidates
 certified. In addition to the other methods of delivering the
 certification under this section, the secretary of state shall
 deliver a copy of the certification to the authority by e-mail.
 SECTION 3.  Section 162.003, Election Code, is amended to
 read as follows:
 Sec. 162.003.  AFFILIATION BY VOTING IN PRIMARY. A person
 becomes affiliated with a political party when the person:
 (1)  is accepted to vote in the party's primary
 election; or
 (2)  returns [applies for and is provided] an early
 voting or limited primary ballot [to be] voted by mail.
 SECTION 4.  Section 162.004, Election Code, is amended by
 adding Subsection (a-1) and amending Subsections (b) and (c) to
 read as follows:
 (a-1)  An election officer shall stamp a voter registration
 certificate with a party affiliation under Subsection (b) or
 provide an affiliation certificate under Subsection (c) unless, not
 later than the 90th day before the date of the primary election, the
 county chair notifies the county clerk that the chair does not
 require a stamped voter registration certificate or affiliation
 certificate for verification of attendance at a precinct
 convention.
 (b)  Subject to Subsection (a-1), an [An] election officer at
 a primary election polling place shall stamp the party's name in the
 party affiliation space of the registration certificate of each
 voter who presents the voter's registration certificate and is
 accepted to vote unless the party name has already been stamped in
 the space.
 (c)  Subject to Subsection (a-1), if [If] a voter is accepted
 to vote without presenting a registration certificate, the
 presiding judge shall issue the voter an affiliation certificate.
 The certificate is not required to be issued to a voter in a runoff
 primary unless the voter requests it. The affiliation certificate
 may be combined with the notice provided under Section 172.1114. If
 the combined form is used, an election officer is not required to
 comply with Subsection (b).
 SECTION 5.  Section 162.005, Election Code, is amended to
 read as follows:
 Sec. 162.005.  AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.
 Subject to Section 162.004(a-1), the [The] early voting clerk in a
 general primary election shall provide an affiliation certificate
 with each early voting or limited ballot to be voted by mail. The
 certificate is not required to be provided to an applicant for a
 runoff primary ballot unless the applicant requests it.
 SECTION 6.  Sections 162.008(b) and (c), Election Code, are
 amended to read as follows:
 (b)  On request of a person desiring to affiliate with a
 political party, a member of the county executive committee for the
 county in which the person resides or other person authorized by
 party rule shall administer the following oath: "I swear that I have
 not voted in a primary election or participated in a convention of
 another party during this voting year. I hereby affiliate myself
 with the __________ Party." [prescribed by Section 162.007(b).]
 (c)  After administering the oath, the committee member or
 authorized person may [shall] stamp the party's name in the party
 affiliation space unless the party name has already been stamped in
 the space. If the person does not present a registration
 certificate, the committee member or authorized person on the
 person's request shall issue the person an affiliation certificate
 [on the person's registration certificate or issue the person an
 affiliation certificate as provided by Section 162.007(c)].
 SECTION 7.  Section 171.002, Election Code, is amended to
 read as follows:
 Sec. 171.002.  COMMITTEE COMPOSITION. (a) The state
 executive committee consists of two members from each state
 senatorial district or congressional district, as determined by
 party rule. One of each district's members must be a man and the
 other a woman.
 (b)  In addition to the members representing the senatorial
 or congressional districts, the committee has a chair and a vice
 chair, one of whom must be a man and the other a woman. Except as
 otherwise provided by party rule, the chair and vice chair are
 considered members of the committee.
 (c)  The chair, vice chair, and members representing the
 senatorial or congressional districts are elected at the party's
 biennial state convention. However, the chair, vice chair, and
 members may be elected for four-year terms at the state convention
 held in gubernatorial election years. Each holds office until a
 successor is elected and assumes office.
 (d)  The members elected to represent a particular
 senatorial or congressional district must be those recommended by
 the convention delegates representing that senatorial or
 congressional district.
 SECTION 8.  Section 171.003(c), Election Code, is amended to
 read as follows:
 (c)  To be eligible to serve as a replacement to fill a
 vacancy in a membership representing a senatorial or congressional
 district, a person must reside in the district.
 SECTION 9.  Section 171.004(a), Election Code, is amended to
 read as follows:
 (a)  To participate in a state executive committee meeting as
 a proxy for a member representing a senatorial or congressional
 district, a person must reside in that district.
 SECTION 10.  Section 171.0231, Election Code, is amended to
 read as follows:
 Sec. 171.0231.  WRITE-IN CANDIDATE FOR COUNTY CHAIR OR
 PRECINCT CHAIR. (a) Write-in candidates are not permitted for
 county chair or precinct chair unless a county executive committee
 authorizes write-in candidates.
 (b)  If the county executive committee authorizes write-in
 candidates:
 (1)  a [(a) A] write-in vote for the office of county
 chair or precinct chair may not be counted unless the name written
 in appears on the list of write-in candidates;
 (2)  to[.
 [(b)  To] be entitled to a place on the list of write-in
 candidates, a candidate must make a declaration of write-in
 candidacy;
 (3)  a[.
 [(c)  A] declaration of write-in candidacy must be filed with
 the authority with whom an application for a place on the ballot is
 required to be filed for the office;
 (4)  a[.
 [(d)  A] declaration of write-in candidacy must be filed not
 later than 6 p.m. of the fifth day after the date of the filing
 deadline for the general primary election;
 (5)  with[.
 [(e)  With] the appropriate modifications and to the extent
 practicable, Subchapter B, Chapter 146, applies to write-in voting
 for the office of county chair or precinct chair; and
 (6)  the[.
 [(g)  The] secretary of state shall prescribe any procedures
 necessary to implement this subsection [section].
 SECTION 11.  Section 171.024, Election Code, is amended by
 amending Subsection (e) and adding Subsections (f) and (g) to read
 as follows:
 (e)  After a vacancy is filled, the county chair shall submit
 the replacement member's name to the secretary of state for posting
 on the secretary of state's Internet website [promptly deliver
 written or electronic notice of the replacement member's name and
 address to the state chair and to the county clerk].
 (f)  The secretary of state shall create a system for the
 county chair to submit the information to the secretary of state for
 posting on the secretary of state's Internet website under
 Subsection (e).
 (g)  The state executive committee may by rule require a
 specific deadline for filling vacancies on a county executive
 committee before that committee fills a vacancy in nomination for
 public office, but may not set the deadline for a date later than
 the date that the vacancy in nomination for public office occurred.
 The deadline does not apply to the filling of a vacancy if the
 executive committee contains no members.
 SECTION 12.  Section 171.051, Election Code, is amended to
 read as follows:
 Sec. 171.051.  DISTRICT EXECUTIVE COMMITTEE ESTABLISHED.
 (a) For each district from which an officer of the federal or state
 government is elected, a district executive committee is
 established as provided by this subchapter for each political party
 holding a primary election.
 (b)  The state executive committee may by rule require a
 specific deadline for filling vacancies on a district executive
 committee before that committee fills a vacancy in nomination for
 public office, but may not set the deadline for a date later than
 the date that the vacancy in nomination for public office occurred.
 The deadline does not apply to the filling of a vacancy if the
 executive committee contains no members.
 SECTION 13.  Section 171.053(a), Election Code, is amended
 to read as follows:
 (a)  The district executive committee for a district
 comprising only a part of a single county consists of the members of
 the county executive committee who reside [precinct chairs of the
 county election precincts] in the district.
 SECTION 14.  Section 171.071, Election Code, is amended to
 read as follows:
 Sec. 171.071.  PRECINCT EXECUTIVE COMMITTEE ESTABLISHED.
 (a) For each commissioners precinct and for each justice precinct,
 a precinct executive committee is established as provided by this
 subchapter for each political party holding a primary election.
 (b)  The state executive committee may by rule require a
 specific deadline for filling vacancies on a precinct executive
 committee before that committee fills a vacancy in nomination for
 public office, but may not set the deadline for a date later than
 the date that the vacancy in nomination for public office occurred.
 The deadline does not apply to the filling of a vacancy if the
 executive committee contains no members.
 SECTION 15.  Section 171.072(a), Election Code, is amended
 to read as follows:
 (a)  The precinct executive committee for a commissioners
 precinct or for a justice precinct containing three or more county
 election precincts consists of the members of the county executive
 committee who reside [precinct chair of each county election
 precinct] in the commissioners or justice precinct, as applicable.
 SECTION 16.  Subchapter B, Chapter 172, Election Code, is
 amended by adding Sections 172.0222 and 172.0223 to read as
 follows:
 Sec. 172.0222.  REVIEW OF APPLICATION; NOTICE TO CANDIDATE.
 (a) If the application of this section conflicts with the
 application of Section 141.032, this section prevails.
 (b)  On the filing of an application for a place on the
 general primary election ballot, the authority with whom the
 application is filed shall review the application to determine
 whether it complies with the requirements as to form, content, and
 procedure that it must satisfy for the candidate's name to be placed
 on the general primary election ballot.
 (c)  Except as provided by Subsection (d) or (e), the review
 shall be completed not later than the fifth business day after the
 date the application is received by the authority.
 (d)  If an application is submitted fewer than five business
 days before the regular filing deadline, the review shall be
 completed not later than the first Friday after the regular filing
 deadline.
 (e)  If an application is accompanied by a petition, the
 petition is considered part of the application, and the review
 shall be completed as soon as practicable after the date the
 application is received by the authority. However, the petition is
 not considered part of the application for purposes of determining
 compliance with the requirements applicable to each document, and a
 deficiency in the requirements for one document may not be remedied
 by the contents of the other document. Unless the petition is
 challenged, the authority is only required to review the petition
 for facial compliance with the applicable requirements as to form,
 content, and procedure.
 (f)  A determination under this section that an application
 complies with the applicable requirements does not preclude a
 subsequent determination that the application does not comply,
 subject to Section 172.0223.
 (g)  If an application does not comply with the applicable
 requirements, the authority shall reject the application and
 immediately deliver to the candidate written notice of the reason
 for the rejection.
 (h)  This section does not apply to a determination of a
 candidate's eligibility.
 (i)  After the filing deadline:
 (1)  a candidate may not amend an application filed
 under Section 172.021; and
 (2)  the authority with whom the application is filed
 may not accept an amendment to an application filed under Section
 172.021.
 Sec. 172.0223.  LIMITATION ON CHALLENGE OF APPLICATION. (a)
 If the application of this section conflicts with the application
 of Section 141.034, this section prevails.
 (b)  An application for a place on the general primary
 election ballot may not be challenged for compliance with the
 applicable requirements as to form, content, and procedure after
 the 50th day before the date of the election for which the
 application is made.
 (c)  This section does not apply to a determination of a
 candidate's eligibility.
 (d)  A challenge must state with specificity how the
 application does not comply with the applicable requirements as to
 form, content, and procedure. The authority's review of the
 challenge is limited to the specific items challenged and any
 response filed with the authority by the challenged candidate.
 SECTION 17.  Section 172.055(c), Election Code, is amended
 to read as follows:
 (c)  Not later than 24 hours after the candidate withdraws or
 is declared ineligible or after the authority preparing the notice
 learns of the candidate's death, as applicable, the authority
 shall:
 (1)  deliver a copy of the notice to:
 (A) [(1)]  at least one daily newspaper published
 in the county or, if none, at least one weekly newspaper published
 there, if any, for a notice prepared by the county chair;
 (B) [(2)]  at least three daily newspapers that
 regularly maintain a news representative at the State Capitol, for
 a notice applicable to a statewide office; or
 (C) [(3)]  at least one daily newspaper published
 in each county wholly or partly situated in the district or, if
 none, at least one weekly newspaper published there, if any, for a
 notice prepared by the state chair for a district office;
 (2)  post the notice on the authority's Internet
 website, if one is maintained; and
 (3)  send a copy of the notice to:
 (A)  the secretary of state, to be posted on the
 secretary of state's Internet website, for a candidate for an
 office filled by voters of more than one county; or
 (B)  the county clerk, to be posted on the
 county's Internet website, for an office filled by voters of a
 single county.
 SECTION 18.  Section 172.082, Election Code, is amended by
 amending Subsections (b) and (f) and adding Subsection (g) to read
 as follows:
 (b)  The county chair or the county chair's designee shall
 conduct the drawing unless the county executive committee provides
 by resolution that the drawing be conducted by the primary
 committee.
 (f)  The state chair shall conduct the drawing if:
 (1)  the county chair[:
 [(1)]  requests that the state chair conduct the
 drawing; or
 (2)  the county chair or the county chair's designee
 fails to conduct the drawing by the deadline set in this section.
 (g)  A designee appointed by the county chair to conduct the
 drawing under this section must be:
 (1)  a member of the county executive committee; or
 (2)  if no member of the county executive committee is
 available to conduct the drawing, a resident of the county served by
 the committee who is affiliated with the same political party.
 SECTION 19.  Section 172.088(g), Election Code, is amended
 to read as follows:
 (g)  The state executive committee shall prescribe the
 wording of the ballot language for the proposition submitted by the
 petition [submitting a proposal].
 SECTION 20.  Section 172.090, Election Code, is amended by
 amending Subsection (a) and adding Subsections (d) and (e) to read
 as follows:
 (a)  In a primary election [in which election precincts are
 consolidated], the county executive committee may provide by
 resolution, order, or other official action for voting [in a
 consolidated precinct] by separate paper ballot for the office of
 precinct chair.
 (d)  The county chair or the county clerk may produce and
 number ballots by hand under this section.
 (e)  The secretary of state shall adopt rules for conducting
 a hand count of ballots under this section.
 SECTION 21.  Sections 172.1111(a) and (c), Election Code,
 are amended to read as follows:
 (a)  Before the opening of the polls during the early voting
 period and on election day, the presiding judge shall post at each
 outside door through which a voter may enter the building in which
 the polling place is located a written notice in bold print of the
 date, hour, and place for each precinct, county, senatorial, or
 state convention that a voter in the precinct may be eligible to
 attend during the election year.
 (c)  The notice must remain posted continuously through the
 early voting period and on election day.
 SECTION 22.  Section 172.1112(a), Election Code, is amended
 to read as follows:
 (a)  The county clerk shall post a notice of the election and
 a notice of consolidated precincts, if applicable, in the manner
 prescribed by Section 4.003(b) for general and special elections.
 The notice of the election shall be posted on the county's [party's]
 Internet website, if the county [party] maintains a website.  If the
 county [party] does not maintain a website, the notice shall be
 posted on the bulletin board used for posting notice of meetings of
 the commissioners court.
 SECTION 23.  Section 172.1114(e), Election Code, is amended
 to read as follows:
 (e)  A county chair of a political party shall supply or
 contract with the authority to supply a notice prepared according
 to this section to the authority conducting the election not later
 than the 30th day before the date early voting by personal
 appearance begins.  The authority's preparation of copies is a
 necessary expense incurred in connection with a primary election
 under Section 173.001.
 SECTION 24.  Section 172.113(e), Election Code, is amended
 to read as follows:
 (e)  On completing the tabulation, the authority shall:
 (1)  deliver it to the general custodian; or [may]
 (2)  post the tabulation:
 (A)  on the county's website; and [or]
 (B)  if required by secretary of state rule, the
 secretary of state's website.
 SECTION 25.  Section 172.1141, Election Code, is amended to
 read as follows:
 Sec. 172.1141.  LIST OF REGISTERED VOTERS FOR CONVENTION.
 (a) A county clerk shall prepare a list under this section unless,
 not later than the 90th day before the date of the primary, the
 county chair notifies the county clerk that the chair does not
 require a list. At the same time the acceptance of each voter for
 voting in the general primary election is indicated on the precinct
 list of registered voters furnished for use in the election, the
 acceptance of the voter shall also be indicated on the list
 furnished for use in the party's conventions.
 (b)  If a county records the acceptance of a voter
 electronically, the state chair or county chair may request and the
 county clerk shall provide not later than the date of the local
 general primary canvass an electronic document listing the persons
 who voted in the party primary, the unique identifier assigned to
 each person, and whether the person voted early in person or by
 mail, or voted in person on election day.
 SECTION 26.  Section 172.115(c), Election Code, is amended
 to read as follows:
 (c)  The presiding judge shall retain and provide at the
 appropriate time the list of registered voters to be used in the
 party's conventions if the list was produced under Section
 172.1141.
 SECTION 27.  Section 172.116, Election Code, is amended by
 amending Subsections (a), (b), and (c) and adding Subsection (h) to
 read as follows:
 (a)  The county chair or the county chair's designee  and, if
 available, at least one member of the county executive committee
 selected by the county executive committee shall canvass the
 precinct election returns for the county.
 (b)  The county chair or the county chair's designee  and any
 selected county executive committee member shall convene to conduct
 the local canvass on the second Thursday after election day at the
 hour specified by the county chair and posted on the county party
 website or the commissioners court bulletin board if the county
 organization of the political party does not maintain a website.
 (c)  The county clerk shall prepare and electronically
 submit to the secretary of state a report of the results of the
 canvass, which must include:
 (1)  the total number of votes cast in each precinct for
 each candidate or measure; and
 (2)  the number of counted and uncounted provisional
 ballots cast in each precinct.
 (h)  A designee appointed by the county chair to conduct the
 local canvass under this section must be:
 (1)  a member of the county executive committee; or
 (2)  if no member of the county executive committee is
 available to conduct the canvass, a resident of the county served by
 the committee who is affiliated with the same political party.
 SECTION 28.  Sections 172.117(a-1) and (a-2), Election Code,
 are amended to read as follows:
 (a-1)  The secretary of state shall develop appropriate
 notations to describe the status of each candidate. The notations
 shall include:
 (1)  "filed";
 (2)  "accepted";
 (3)  "rejected";
 (4)  "withdrew";
 (5) [(3)]  "lost primary";
 (6) [(4)]  "in runoff";
 (7) [(5)]  "lost runoff";
 (8) [(6)]  "deceased";
 (9) [(7)]  "declared ineligible"; or
 (10) [(8)]  "nominee for general election."
 (a-2)  The county chair shall update the notations after each
 general primary and runoff primary election, unless the secretary
 of state's Internet website automatically updates the notations
 based on election returns. After any withdrawal or death of a
 candidate, and subsequent replacement of the candidate on the
 ballot, the chair shall notify the state chair, who shall update the
 notation on the website. All notations must be completed and
 accurate on the date prescribed by the secretary of state by rule to
 ensure that an authority printing general election ballots may rely
 on the information.
 SECTION 29.  Section 172.121(b), Election Code, is amended
 to read as follows:
 (b)  The secretary of state shall update the status of each
 candidate as appropriate [The state chair shall deliver the
 certification] by posting next to the candidate's name on the
 secretary of state's website whether the person lost in the primary
 or is in a runoff for the position as soon as practicable after the
 state canvass of the general primary election is completed.
 SECTION 30.  Section 172.122, Election Code, is amended by
 amending Subsection (b) and adding Subsection (c) to read as
 follows:
 (b)  Not later than the 20th day after the date the state
 canvass is completed, the state chair shall submit [deliver] the
 certification to the secretary of state for posting on the
 secretary of state's Internet website.
 (c)  The secretary of state shall create a system for the
 state chair to submit the information to the secretary of state for
 posting on the secretary of state's Internet website under
 Subsection (b).
 SECTION 31.  Section 172.124(a), Election Code, is amended
 to read as follows:
 (a)  For each primary election, the county clerk shall
 prepare a report of the number of votes, including early voting
 votes, received in each county election precinct by each candidate
 for an [a statewide] office, other than a party office, [or the
 office of United States representative, state senator, or state
 representative,] as provided by Section 67.017 for the report of
 precinct results for a general election.
 SECTION 32.  Section 172.130(a), Election Code, is amended
 to read as follows:
 (a)  Notwithstanding a conflicting provision of this code,
 the state chair, or the state chair's designee, may perform any
 administrative duty of the county chair, county chair's designee,
 or county executive committee related to the conduct of a primary
 election that has not been performed in the time required by law,
 including the submission of candidate information under Section
 172.029, drawing for ballot order under Section [Sections] 172.082
 [and 172.084], and canvassing returns under Section 172.116.
 SECTION 33.  Section 173.032(c), Election Code, is amended
 to read as follows:
 (c)  The state chair may, with the consent of the secretary
 of state and the county chair or county executive committee, if one
 exists for the county, accept money into the state primary fund on
 behalf of a county party. The state chair must keep records to
 track the money that is attributable to a county.
 SECTION 34.  Subchapter B, Chapter 173, Election Code, is
 amended by adding Section 173.0341 to read as follows:
 Sec. 173.0341.  STATE CHAIR AS FISCAL AGENT FOR COUNTY
 PARTY. (a) A state chair, or the designee of a state chair, may
 enter into an agreement with a county chair under which the state
 chair will act as a fiscal agent for the county party.
 (b)  The secretary of state shall prescribe the form of an
 agreement under this section.
 (c)  If the state chair acts as the fiscal agent for a county
 party in accordance with an agreement under this section:
 (1)  the state chair shall deliver the completed
 agreement to the secretary of state;
 (2)  any filing fee received by the county party under
 Subchapter C must be made payable to the state party for deposit in
 the state primary fund not later than five days after receipt of the
 filing fee;
 (3)  the county chair or county executive committee
 shall make a request in accordance with Section 31.093 to enter into
 a contract with the county elections administrator to conduct
 primary elections in the county; and
 (4)  Section 173.031 does not apply to the county
 party.
 SECTION 35.  Section 173.061, Election Code, is amended to
 read as follows:
 Sec. 173.061.  FEE PAID TO COUNTY CHAIR. Except as provided
 by Section 173.0341(c)(2), the [The] county chair shall deposit in
 the county primary fund each filing fee accompanying an application
 for a place on the ballot filed with the county chair.
 SECTION 36.  Section 174.021(b), Election Code, is amended
 to read as follows:
 (b)  A political party may by rule allow a county to hold
 precinct conventions before or during the county convention on the
 same day and at the same place as the county convention. The rule
 may modify other provisions of this subchapter as necessary for the
 county to hold precinct conventions as provided by this subsection.
 SECTION 37.  Section 174.025(c), Election Code, is amended
 to read as follows:
 (c)  Before conducting business, the precinct chair shall
 prepare a list containing the name and residence address of each
 person who is admitted to participate in the convention. The state
 executive committee by rule may adopt an alternate process in place
 of the requirement under this subsection.
 SECTION 38.  Sections 174.064(c) and (d), Election Code, are
 amended to read as follows:
 (c)  The county chair shall post [and deliver] the notice of
 a county convention. The temporary chair of a senatorial district
 convention shall post [and deliver] the notice of the senatorial
 district convention.
 (d)  If the county chair fails to post [or deliver] notice in
 accordance with this section, another member of the county
 executive committee may post [or deliver] the notice. If the
 temporary chair of a senatorial district convention fails to post
 [or deliver] notice in accordance with this section, another member
 of the county executive committee who may participate in setting
 the convention's hour and place may post [or deliver] the notice.
 SECTION 39.  Section 191.003, Election Code, is amended to
 read as follows:
 Sec. 191.003.  NOTICE OF CANDIDATES TO SECRETARY OF STATE.
 (a) The state chair of each political party holding a presidential
 primary election shall submit the information to the secretary of
 state for posting on the secretary of state's Internet website and
 certify the name of each presidential candidate who qualifies for a
 place on the presidential primary election ballot in the same
 manner as a candidate filing for statewide, district, and county
 offices [and deliver the certification to the secretary of state]
 not later than the ninth day after the date of the regular filing
 deadline for the general primary election.
 (b)  The secretary of state shall create a system for
 submitting the information to the secretary of state for posting on
 the secretary of state's Internet website under Subsection (a).
 SECTION 40.  Section 191.004(b), Election Code, is amended
 to read as follows:
 (b)  The names of the presidential candidates shall be
 printed as the first race on the ballot under the heading
 "Preference For Presidential Nominee" followed by the instruction,
 "You may vote for one presidential candidate whose name appears on
 the ballot by making a mark [placing an 'X'] in the shape [square]
 beside the candidate's name." If party rules provide for voting for
 an uncommitted status, the instruction shall read, "You may vote
 for one presidential candidate whose name appears on the ballot by
 making a mark [placing an 'X'] in the shape [square] beside the
 candidate's name or you may vote as uncommitted by making a mark
 [placing an 'X'] in the shape [square] beside 'Uncommitted.' Make
 only one choice." The instruction shall be changed as appropriate
 to accommodate the form of a voting system ballot.
 SECTION 41.  Section 191.008(d), Election Code, is amended
 to read as follows:
 (d)  For a political party to be entitled to have its
 nominees for president and vice-president of the United States
 placed on the general election ballot in an election year in which
 the party is holding a presidential primary election, the rules
 adopted under this section or the rules already in existence must be
 posted on the party's Internet website and filed with the secretary
 of state not later than January 5 of the presidential election year.
 The secretary of state may extend this deadline for good cause.
 SECTION 42.  The following provisions of the Election Code
 are repealed:
 (1)  Section 171.054(g);
 (2)  Section 174.023(b); and
 (3)  Section 174.064(b).
 SECTION 43.  This Act takes effect September 1, 2019.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I certify that H.B. No. 2640 was passed by the House on May
 10, 2019, by the following vote:  Yeas 130, Nays 11, 2 present, not
 voting; and that the House concurred in Senate amendments to H.B.
 No. 2640 on May 24, 2019, by the following vote:  Yeas 100, Nays 40,
 2 present, not voting.
 ______________________________
 Chief Clerk of the House
 I certify that H.B. No. 2640 was passed by the Senate, with
 amendments, on May 22, 2019, by the following vote:  Yeas 30, Nays
 1.
 ______________________________
 Secretary of the Senate
 APPROVED: __________________
 Date
 __________________
 Governor