86R4500 JRJ-D
By: Larson H.B. No. 725
A BILL TO BE ENTITLED
AN ACT
relating to the date of the primary election and related
procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 41.007(a), (b), and (c), Election Code,
are amended to read as follows:
(a) The general primary election date is the fourth [first]
Tuesday in January [March] in each even-numbered year.
(b) The runoff primary election date is the fourth Tuesday
in March [May] following the general primary election.
(c) The presidential primary election date is the fourth
[first] Tuesday in January [March] in each presidential election
year.
SECTION 2. Section 141.031(a), Election Code, is amended to
read as follows:
(a) A candidate's application for a place on the ballot that
is required by this code must:
(1) be in writing;
(2) be signed and sworn to before a person authorized
to administer oaths in this state by the candidate and indicate the
date that the candidate swears to the application;
(3) be timely filed with the appropriate authority;
and
(4) include:
(A) the candidate's name;
(B) the candidate's occupation;
(C) the office sought, including any place number
or other distinguishing number;
(D) an indication of whether the office sought is
to be filled for a full or unexpired term if the office sought and
another office to be voted on have the same title but do not have
place numbers or other distinguishing numbers;
(E) a statement that the candidate is a United
States citizen;
(F) a statement that the candidate has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(i) totally mentally incapacitated; or
(ii) partially mentally incapacitated
without the right to vote;
(G) a statement that the candidate has not been
finally convicted of a felony from which the candidate has not been
pardoned or otherwise released from the resulting disabilities;
(H) the candidate's date of birth;
(I) the candidate's residence address or, if the
residence has no address, the address at which the candidate
receives mail and a concise description of the location of the
candidate's residence;
(J) the candidate's length of continuous
residence in the state and in the territory from which the office
sought is elected as of the date the candidate swears to the
application;
(K) the statement: "I, __________, of
__________ County, Texas, being a candidate for the office of
__________, swear that I will support and defend the constitution
and laws of the United States and of the State of Texas";
(L) a statement that the candidate is aware of
the nepotism law, Chapter 573, Government Code; [and]
(M) a public mailing address at which the
candidate receives correspondence relating to the candidate's
campaign, if available, and an electronic mail address at which the
candidate receives correspondence relating to the candidate's
campaign, if available; and
(N) a statement that the candidate is aware of
the provisions of Section 65, Article XVI, Texas Constitution.
SECTION 3. Section 162.003, Election Code, is amended to
read as follows:
Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. (a) A
person becomes affiliated with a political party when the person:
(1) is accepted to vote in the party's primary
election; or
(2) applies for and is provided an early voting or
limited primary ballot to be voted by mail.
(b) An affiliation under Subsection (a)(2) applies to the
voting year in which the primary election is held.
SECTION 4. Section 172.023(a), Election Code, is amended to
read as follows:
(a) An application for a place on the general primary
election ballot must be filed not later than 6 p.m. on the second
Monday in October [December] of an odd-numbered year unless the
filing deadline is extended under Subchapter C.
SECTION 5. Section 173.010, Election Code, is amended to
read as follows:
Sec. 173.010. FURNISHING RULES AND GUIDELINES. During
September [October] preceding each primary election year, the
secretary of state shall post on the secretary's website a current
set of the rules and any available guidelines adopted under this
subchapter. The secretary of state shall e-mail each state or
county chair who has provided the secretary of state an e-mail
address when the rules and guidelines have been posted. If a rule or
amendment of a rule is adopted after the set is posted, the
secretary shall update the posting with the new rule or amendment
not later than the 10th day after the date of its adoption.
SECTION 6. Section 181.0041, Election Code, is amended to
read as follows:
Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
party that intends to make nominations under this chapter for the
general election for state and county officers must register with
the secretary of state, in the manner prescribed by the secretary,
not later than the regular filing deadline for candidates in the
general primary election [January 2 of the election year].
SECTION 7. Sections 181.061(b) and (c), Election Code, are
amended to read as follows:
(b) A party nominating by convention must make its
nominations for offices of districts situated in more than one
county at district conventions held on the second Saturday after
general primary election day [the second Tuesday in March]. A
district convention consists of delegates selected at the county
conventions held under Subsection (c).
(c) A party nominating by convention must make its
nominations for county and precinct offices and for offices of
districts not situated in more than one county at county
conventions held on the first Saturday after general primary
election day [the second Tuesday in March]. A county convention
consists of delegates selected at precinct conventions held on
general primary election day [the second Tuesday in March] in the
regular county election precincts.
SECTION 8. Section 182.005, Election Code, is amended to
read as follows:
Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A
political party must make its nominations under this chapter at a
county convention held on the first Saturday after general primary
election day [the second Tuesday in March of the election year].
The convention consists of delegates selected at precinct
conventions held on general primary election day [the second
Tuesday in March] in the regular county election precincts.
SECTION 9. Section 204.005, Election Code, is amended to
read as follows:
Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. An [If a
vacancy occurs during an odd-numbered year or after the 62nd day
before general primary election day in an even-numbered year, the
remainder of the] unexpired term shall be filled by a special
election in the same manner as provided by Chapter 203 for the
legislature, except that:
(1) the minimum number of signatures that must appear
on a petition accompanying a candidate's application for a place on
the ballot is 5,000; and
(2) Section 203.013 does not apply.
SECTION 10. Sections 204.003 and 204.004, Election Code,
are repealed.
SECTION 11. The term of a person who is serving as a county
or precinct chair of a political party on the effective date of this
Act ends on the 20th day after the fourth Tuesday in March 2020.
SECTION 12. This Act takes effect September 1, 2019.