| 1 | 1 | | 87R9099 TSS-D |
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| 2 | 2 | | By: King of Parker H.B. No. 1848 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the date of the general primary election to be held in |
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| 8 | 8 | | 2022. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 41, Election Code, is |
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| 11 | 11 | | amended by adding Section 41.0075 to read as follows: |
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| 12 | 12 | | Sec. 41.0075. POSTPONING PRIMARY ELECTION IN SPECIAL |
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| 13 | 13 | | CIRCUMSTANCE. (a) Notwithstanding any other provision of law, the |
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| 14 | 14 | | governor, lieutenant governor, and speaker of the house may, by |
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| 15 | 15 | | written agreement, postpone the date of the general primary |
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| 16 | 16 | | election to be held in 2022 if a redistricting plan adopted by the |
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| 17 | 17 | | legislature or the Legislative Redistricting Board under Section |
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| 18 | 18 | | 28, Article III, Texas Constitution, is not in effect on or before |
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| 19 | 19 | | September 1, 2021. |
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| 20 | 20 | | (b) An agreement under Subsection (a) may not be made later |
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| 21 | 21 | | than the 45th day before the filing deadline described by Section |
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| 22 | 22 | | 172.023. |
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| 23 | 23 | | (c) As soon as possible after an agreement under Subsection |
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| 24 | 24 | | (a) is made, the governor shall deliver the agreement to the |
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| 25 | 25 | | secretary of state and to the state chair of each party that had a |
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| 26 | 26 | | nominee for a statewide or district office on the general election |
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| 27 | 27 | | ballot in 2020. |
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| 28 | 28 | | (d) An agreement made under Subsection (a) must include |
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| 29 | 29 | | either: |
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| 30 | 30 | | (1) the date on which the general primary election |
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| 31 | 31 | | will be held; or |
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| 32 | 32 | | (2) an agreement that the governor, lieutenant |
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| 33 | 33 | | governor, and speaker of the house will determine the date of the |
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| 34 | 34 | | general primary election at a later date. |
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| 35 | 35 | | (e) The filing period for an election postponed by agreement |
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| 36 | 36 | | under Subsection (d)(2) may not begin before the 30th day after the |
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| 37 | 37 | | date a determination is made under that subsection. |
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| 38 | 38 | | (f) The general primary election may not be postponed under |
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| 39 | 39 | | this section to a date later than July 1, 2022. |
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| 40 | 40 | | (g) If the general primary election is postponed under this |
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| 41 | 41 | | section, the secretary of state shall adjust the date for a runoff |
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| 42 | 42 | | election, the deadline for filing for candidacy, and the schedule |
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| 43 | 43 | | for canvassing election returns, declaring results, or performing |
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| 44 | 44 | | any other official act relating to the election to allow the same |
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| 45 | 45 | | interval of time in relation to the date of the election as would be |
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| 46 | 46 | | provided by application of other law. |
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| 47 | 47 | | (h) This section expires January 1, 2023. |
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| 48 | 48 | | SECTION 2. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2021. |
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