Texas 2021 - 87th Regular

Texas House Bill HB2873 Compare Versions

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

Old	New	Differences
1	1	87R3000 MLH-D
2	2	By: Anchia H.B. No. 2873
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to nonpartisan primary elections; authorizing a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 1.005(6) and (14), Election Code, are
10	10	amended to read as follows:
11	11	(6) "General election" means an election, other than a
12	12	primary election held by a political party under Chapter 172 or a
13	13	presidential primary election, that regularly recurs at fixed
14	14	dates.
15	15	(14) "Primary election" means, where the context
16	16	indicates, a general [an] election held [by a political party under
17	17	Chapter 172] to select candidates [its nominees] for public office,
18	18	and, unless the context indicates otherwise, the term includes an
19	19	election held by a political party under Chapter 172 to select party
20	20	officers and a presidential primary election.
21	21	SECTION 2. Section 13.122(a), Election Code, is amended to
22	22	read as follows:
23	23	(a) In addition to the other statements and spaces for
24	24	entering information that appear on an officially prescribed
25	25	registration application form, each official form must include:
26	26	(1) the statement: "I understand that giving false
27	27	information to procure a voter registration is perjury and a crime
28	28	under state and federal law.";
29	29	(2) a space for the applicant's registration number;
30	30	(3) a space for the applicant's Texas driver's license
31	31	number or number of a personal identification card issued by the
32	32	Department of Public Safety;
33	33	(4) a space for the applicant's telephone number;
34	34	(5) a space for the applicant's social security
35	35	number;
36	36	(6) a space for the applicant's sex;
37	37	(7) a statement indicating that the furnishing of the
38	38	applicant's telephone number and sex is optional;
39	39	(8) a space or box for indicating whether the
40	40	applicant or voter is submitting new registration information or a
41	41	change in current registration information;
42	42	(9) a statement instructing a voter who is using the
43	43	form to make a change in current registration information to enter
44	44	the voter's name and the changed information in the appropriate
45	45	spaces on the form;
46	46	(10) a statement that if the applicant declines to
47	47	register to vote, that fact will remain confidential and will be
48	48	used only for voter registration purposes;
49	49	(11) a statement that if the applicant does register
50	50	to vote, information regarding the agency or office to which the
51	51	application is submitted will remain confidential and will be used
52	52	only for voter registration purposes;
53	53	(12) a space or box for indicating whether the
54	54	applicant is interested in working as an election judge;
55	55	(13) a statement warning that a conviction for making
56	56	a false statement may result in imprisonment for up to the maximum
57	57	amount of time provided by law, a fine of up to the maximum amount
58	58	provided by law, or both the imprisonment and the fine;
59	59	(14) a space or box for indicating the applicant's
60	60	party affiliation or alignment, if any; and
61	61	(15) [(14)] any other voter registration information
62	62	required by federal law or considered appropriate and required by
63	63	the secretary of state.
64	64	SECTION 3. Section 31.032(a), Election Code, is amended to
65	65	read as follows:
66	66	(a) The position of county elections administrator is
67	67	filled by appointment of the county election commission, which
68	68	consists of:
69	69	(1) the county judge, as chair;
70	70	(2) the county clerk, as vice chair;
71	71	(3) the county tax assessor-collector, as secretary;
72	72	and
73	73	(4) the county chair of each political party that
74	74	holds a [made nominations by] primary election in the year [for the
75	75	last general election for state and county officers] preceding the
76	76	date of the meeting at which the appointment is made.
77	77	SECTION 4. Section 31.124(b), Election Code, is amended to
78	78	read as follows:
79	79	(b) A county election officer of each county shall deliver
80	80	written notice of the time and place of the meeting required by
81	81	Subsection (a) not later than 72 hours before the meeting date to
82	82	the county chair of each political party that made nominations in
83	83	the most recent presidential [by] primary election [for the general
84	84	election for state and county officers] preceding the date of the
85	85	meeting.
86	86	SECTION 5. Section 31.153(a), Election Code, is amended to
87	87	read as follows:
88	88	(a) The joint elections commission consists of:
89	89	(1) from each county that has adopted an order to have
90	90	its elections conducted by the joint elections administrator, the
91	91	county judge, county clerk, and county tax assessor-collector;
92	92	(2) from each county described in Subdivision (1), the
93	93	county chair of each political party that made nominations in the
94	94	most recent presidential [by] primary election [for the last
95	95	general election for state and county officers] preceding the date
96	96	of the meeting at which the appointment is made; and
97	97	(3) a representative from each participating entity
98	98	other than a county.
99	99	SECTION 6. Section 32.002(c), Election Code, is amended to
100	100	read as follows:
101	101	(c) The presiding judge and alternate presiding judge must
102	102	be affiliated or aligned with different political parties, subject
103	103	to this subsection. Before July of each year in a county to which
104	104	Subsection (a)(1) applies or before August of each year in a county
105	105	to which Subsection (a)(2) applies, the county chair of a political
106	106	party whose candidate for president [governor] received the highest
107	107	or second highest number of votes in the county in the most recent
108	108	presidential [gubernatorial] general election shall submit in
109	109	writing to the commissioners court a list of names of persons in
110	110	order of preference for each precinct who are eligible for
111	111	appointment as an election judge. The county chair may supplement
112	112	the list of names of persons until the 20th day before a general
113	113	election or the 15th day before a special election in case an
114	114	appointed election judge becomes unable to serve. The
115	115	commissioners court shall appoint the first person meeting the
116	116	applicable eligibility requirements from the list submitted in
117	117	compliance with this subsection by the party with the highest
118	118	number of votes in the precinct in the most recent presidential
119	119	general election as the presiding judge and the first person
120	120	meeting the applicable eligibility requirements from the list
121	121	submitted in compliance with this subsection by the party with the
122	122	second highest number of votes in the precinct as the alternate
123	123	presiding judge. If the candidates for president [governor] of two
124	124	political parties received the same number of votes in the
125	125	precinct, the first person meeting the applicable eligibility
126	126	requirements from the list submitted by the party whose candidate
127	127	for president [governor] received the highest number of votes in
128	128	the county shall be appointed as the presiding judge and the first
129	129	person meeting the applicable eligibility requirements from the
130	130	list submitted by the party whose candidate for president
131	131	[governor] received the second highest number of votes in the
132	132	county shall be appointed as the alternate presiding judge. The
133	133	commissioners court may reject the list if the persons whose names
134	134	are submitted on the list are determined not to meet the applicable
135	135	eligibility requirements.
136	136	SECTION 7. Sections 32.034(b) and (e), Election Code, are
137	137	amended to read as follows:
138	138	(b) The county chair of a political party whose candidate
139	139	for president [governor] received the highest or second highest
140	140	number of votes in the county in the most recent presidential
141	141	[gubernatorial] general election may, not later than the 25th day
142	142	before a general election or the 10th day before a special election
143	143	to which Subsection (a) applies, submit to a presiding judge a list
144	144	containing the names of at least two persons who are eligible for
145	145	appointment as a clerk. If a timely list is submitted, the
146	146	presiding judge shall appoint at least one clerk from the list,
147	147	except as provided by Subsection (c).
148	148	(e) If a presiding judge has not been appointed at the time
149	149	the county chair of a political party is required to submit a list
150	150	of names for the appointment of a clerk under this section, the list
151	151	of names shall be submitted to the county chair of the political
152	152	party whose candidate for president [governor] received the most
153	153	votes in the precinct in the most recent presidential
154	154	[gubernatorial] election and to the commissioners court. The
155	155	county chair, or the commissioners court in a county without a
156	156	county chair, shall appoint clerks from the list in the same manner
157	157	provided for a presiding judge to appoint clerks by this section.
158	158	SECTION 8. Sections 41.007(a) and (b), Election Code, are
159	159	amended to read as follows:
160	160	(a) The date for the general primary election and for a
161	161	primary election held by a political party under Chapter 172 [date]
162	162	is the first Tuesday in March in each even-numbered year.
163	163	(b) The runoff [primary] election date for a primary
164	164	election held by a political party under Chapter 172 is the fourth
165	165	Tuesday in May following the general primary election.
166	166	SECTION 9. Section 51.002(b), Election Code, is amended to
167	167	read as follows:
168	168	(b) For the general election for state and county officers
169	169	and for a special election for an officer regularly elected at the
170	170	general election, the county election board consists of the county
171	171	judge, county clerk, voter registrar, sheriff, and county chair of
172	172	each political party that holds a [required to nominate candidates
173	173	by] primary election. For other elections, the board consists of
174	174	the county judge, county clerk, voter registrar, and sheriff.
175	175	SECTION 10. Section 52.091(b), Election Code, is amended to
176	176	read as follows:
177	177	(b) Columns of parties specified by Subsection (a)(1) shall
178	178	be arranged in descending order of the number of votes received
179	179	statewide by each party's candidate for president [governor] in the
180	180	most recent presidential [gubernatorial] general election,
181	181	beginning on the left with the party whose candidate received the
182	182	highest number of votes. Columns of parties that did not have a
183	183	candidate for president [governor] in the most recent presidential
184	184	[gubernatorial] general election shall appear after the columns of
185	185	parties that had a candidate, and the order of their columns shall
186	186	be determined by a drawing conducted by the secretary of state.
187	187	SECTION 11. Section 85.062(e), Election Code, is amended to
188	188	read as follows:
189	189	(e) In an election covered by Subsection (d), a temporary
190	190	branch polling place that is [located in a] movable [structure] may
191	191	be established only with the approval of the county clerk. If a
192	192	movable temporary branch polling place is established [in a movable
193	193	structure] on the request of a political party, each other
194	194	political party whose nominee for president [governor] in the most
195	195	recent presidential [gubernatorial] general election received more
196	196	than 10 percent of the total number of votes received by all
197	197	candidates for president [governor] in the election is entitled to
198	198	establishment of such a polling place. The election officers
199	199	serving a polling place covered by this subsection must be
200	200	affiliated or aligned with different political parties to the
201	201	extent possible. The secretary of state, after consulting the
202	202	state chair of each affected political party, shall prescribe the
203	203	procedures necessary to implement this subsection.
204	204	SECTION 12. Sections 87.002(c) and (d), Election Code, are
205	205	amended to read as follows:
206	206	(c) In the general election for state and county officers,
207	207	each county chair of a political party with an affiliated candidate
208	208	[nominees] on the general election ballot shall submit to the
209	209	county election board a list of names of persons eligible to serve
210	210	on the early voting ballot board. The county election board shall
211	211	appoint at least one person from each list to serve as a member of
212	212	the early voting ballot board. The same number of members must be
213	213	appointed from each list.
214	214	(d) In addition to the members appointed under Subsection
215	215	(c), the county election board shall appoint the presiding judge
216	216	from the list provided under that subsection by the political party
217	217	whose nominee for president [governor] received the most votes in
218	218	the county in the most recent presidential [gubernatorial] general
219	219	election.
220	220	SECTION 13. Section 87.027(d), Election Code, is amended to
221	221	read as follows:
222	222	(d) The early voting clerk shall determine the number of
223	223	members who are to compose the signature verification committee and
224	224	shall state that number in the order calling for the committee's
225	225	appointment. A committee must consist of not fewer than five
226	226	members. In an election in which party alignment is indicated on
227	227	the ballot, each county chair of a political party with a nominee or
228	228	aligned candidate on the ballot shall submit to the appointing
229	229	authority a list of names of persons eligible to serve on the
230	230	signature verification committee. The authority shall appoint at
231	231	least two persons from each list to serve as members of the
232	232	committee. The same number of members must be appointed from each
233	233	list. The authority shall appoint the chair of the committee from
234	234	the list provided by the political party whose nominee for
235	235	president [governor] received the most votes in the county in the
236	236	most recent presidential [gubernatorial] general election. A
237	237	vacancy on the committee shall be filled by appointment from the
238	238	original list or from a new list submitted by the appropriate county
239	239	chair.
240	240	SECTION 14. Section 141.001(a), Election Code, is amended
241	241	to read as follows:
242	242	(a) To be eligible to be a candidate for, or elected or
243	243	appointed to, a public elective office in this state, a person must:
244	244	(1) be a United States citizen;
245	245	(2) be 18 years of age or older on the first day of the
246	246	term to be filled at the election or on the date of appointment, as
247	247	applicable;
248	248	(3) have not been determined by a final judgment of a
249	249	court exercising probate jurisdiction to be:
250	250	(A) totally mentally incapacitated; or
251	251	(B) partially mentally incapacitated without the
252	252	right to vote;
253	253	(4) have not been finally convicted of a felony from
254	254	which the person has not been pardoned or otherwise released from
255	255	the resulting disabilities;
256	256	(5) have resided continuously in the state for 12
257	257	months and in the territory from which the office is elected for six
258	258	months immediately preceding the following date:
259	259	(A) for a candidate whose name is to appear on a
260	260	general primary election ballot, the date of the regular filing
261	261	deadline for a candidate's application for a place on the ballot;
262	262	(B) for a [an independent] candidate for office
263	263	in an election where candidates are not nominated by primary
264	264	election, the date of the regular filing deadline for a candidate's
265	265	application for a place on the ballot;
266	266	(C) for a write-in candidate, the date of the
267	267	election at which the candidate's name is written in;
268	268	(D) for a party nominee who is nominated by any
269	269	method other than by primary election, the date the nomination is
270	270	made; and
271	271	(E) for an appointee to an office, the date the
272	272	appointment is made;
273	273	(6) on the date described by Subdivision (5), be
274	274	registered to vote in the territory from which the office is
275	275	elected; and
276	276	(7) satisfy any other eligibility requirements
277	277	prescribed by law for the office.
278	278	SECTION 15. Subchapter A, Chapter 141, Election Code, is
279	279	amended by adding Sections 141.005 and 141.006 to read as follows:
280	280	Sec. 141.005. PRIMARY ELECTION REQUIRED. (a) Except as
281	281	otherwise provided by this code, candidates in the general election
282	282	for offices of state and county government and the United States
283	283	Congress must be chosen by primary election as provided by this
284	284	code.
285	285	(b) All eligible voters may vote in a primary election
286	286	described by this section without regard to political party
287	287	alignment.
288	288	(c) A political party or state executive committee may not
289	289	nominate candidates in the general election for offices of state
290	290	and county government and the United States Congress. This
291	291	subsection may not be interpreted to prohibit a political party or
292	292	state executive committee from endorsing, supporting, or opposing
293	293	those candidates.
294	294	(d) The secretary of state shall adopt rules to implement
295	295	this section.
296	296	Sec. 141.006. DETERMINATION OF CANDIDATES FOR GENERAL
297	297	ELECTION. (a) Notwithstanding any other provision of this code,
298	298	the two candidates who receive the highest and second highest
299	299	number of votes in a primary election held to choose candidates for
300	300	the general election for offices of state and county government and
301	301	the United States Congress are the candidates for that election.
302	302	(b) The secretary of state shall adopt rules to implement
303	303	this section.
304	304	SECTION 16. Subchapter B, Chapter 141, Election Code, is
305	305	amended by adding Section 141.030 to read as follows:
306	306	Sec. 141.030. APPLICATION REQUIRED. (a) To be entitled to
307	307	a place on the general primary election ballot under Section
308	308	141.005, a candidate must make an application for a place on the
309	309	ballot.
310	310	(b) An application must, in addition to complying with
311	311	Section 141.031, be accompanied by the appropriate filing fee or a
312	312	petition in lieu of the filing fee that satisfies the requirements
313	313	prescribed by Section 141.062.
314	314	(c) A candidate may indicate the candidate's party
315	315	affiliation or alignment, if any, on the application.
316	316	(d) An application filed by mail is considered to be filed
317	317	at the time of its receipt by the appropriate authority.
318	318	(e) The circulation of a petition to be filed under this
319	319	subchapter in connection with a candidate's application for a place
320	320	on the ballot does not constitute candidacy or an announcement of
321	321	candidacy for purposes of the automatic resignation provisions of
322	322	Section 65, Article XVI, or Section 11, Article XI, Texas
323	323	Constitution.
324	324	(f) A candidate for an office specified by Section
325	325	141.0315(a)(8), (10), or (12), or for justice of the peace in a
326	326	county with a population of more than 1.5 million, who chooses to
327	327	pay the filing fee must also accompany the application with a
328	328	petition for a place on the primary ballot as a candidate for
329	329	judicial office that complies with the requirements prescribed for
330	330	the petition authorized by Subsection (b), except that the minimum
331	331	number of signatures that must appear on the petition required by
332	332	this subsection is 250. If the candidate chooses to file the
333	333	petition authorized by Subsection (b) in lieu of the filing fee, the
334	334	minimum number of signatures required for that petition is
335	335	increased by 250. Signatures on a petition filed under this
336	336	subsection or Subsection (b) by a candidate covered by this
337	337	subsection may not be obtained on the grounds of a county courthouse
338	338	or courthouse annex.
339	339	(g) A candidate for the office of chief justice or justice,
340	340	supreme court, or presiding judge or judge, court of criminal
341	341	appeals, who chooses to pay the filing fee must also accompany the
342	342	application with a petition that complies with the requirements
343	343	prescribed for a petition authorized by Subsection (b), except that
344	344	the minimum number of signatures that must appear on the petition
345	345	required by this subsection is 50 from each court of appeals
346	346	district.
347	347	SECTION 17. Section 172.024, Election Code, is transferred
348	348	to Subchapter B, Chapter 141, Election Code, and redesignated as
349	349	Section 141.0315, Election Code, to read as follows:
350	350	Sec. 141.0315 [172.024]. FILING FEE. (a) The filing fee
351	351	for a candidate for nomination in the general primary election is as
352	352	follows:
353	353	(1) United States senator$5,000
354	354	(2) office elected statewide, except United States
355	355	senator3,750
356	356	(3) United States representative3,125
357	357	(4) state senator1,250
358	358	(5) state representative750
359	359	(6) member, State Board of Education300
360	360	(7) chief justice or justice, court of appeals, other
361	361	than a justice specified by Subdivision (8)1,875
362	362	(8) chief justice or justice of a court of appeals that
363	363	serves a court of appeals district in which a county with a
364	364	population of more than one million is wholly or partly
365	365	situated2,500
366	366	(9) district judge or judge specified by Section
367	367	52.092(d) for which this schedule does not otherwise prescribe a
368	368	fee1,500
369	369	(10) district or criminal district judge of a court in
370	370	a judicial district wholly contained in a county with a population
371	371	of more than 1.5 million2,500
372	372	(11) judge, statutory county court, other than a judge
373	373	specified by Subdivision (12)1,500
374	374	(12) judge of a statutory county court in a county with
375	375	a population of more than 1.5 million2,500
376	376	(13) district attorney, criminal district attorney,
377	377	or county attorney performing the duties of a district
378	378	attorney1,250
379	379	(14) county commissioner, district clerk, county
380	380	clerk, sheriff, county tax assessor-collector, county treasurer,
381	381	or judge, constitutional county court:
382	382	(A) county with a population of 200,000 or
383	383	more1,250
384	384	(B) county with a population of under
385	385	200,000750
386	386	(15) justice of the peace or constable:
387	387	(A) county with a population of 200,000 or
388	388	more1,000
389	389	(B) county with a population of under
390	390	200,000375
391	391	(16) county surveyor75
392	392	(17) office of the county government for which this
393	393	schedule does not otherwise prescribe a fee750
394	394	(b) If a fee prescribed by Subsection (a) is declared
395	395	invalid by a final judgment of a court, the secretary of state shall
396	396	prescribe a filing fee consistent with the judgment to replace the
397	397	invalidated fee.
398	398	SECTION 18. Subchapter B, Chapter 141, Election Code, is
399	399	amended by adding Section 141.0316 to read as follows:
400	400	Sec. 141.0316. NUMBER OF PETITION SIGNATURES REQUIRED. The
401	401	minimum number of signatures that must appear on the petition
402	402	authorized by Section 141.030(b) is:
403	403	(1) 5,000, for a statewide office; or
404	404	(2) for a district, county, or precinct office, the
405	405	lesser of:
406	406	(A) 500; or
407	407	(B) two percent of the total vote received in the
408	408	district, county, or precinct, as applicable, by all the candidates
409	409	for governor in the most recent gubernatorial general election,
410	410	unless that number is under 50, in which case the required number of
411	411	signatures is the lesser of:
412	412	(i) 50; or
413	413	(ii) 20 percent of that total vote.
414	414	SECTION 19. Section 141.039, Election Code, is amended to
415	415	read as follows:
416	416	Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to
417	417	the other statements and spaces for entering information that
418	418	appear on an officially prescribed form for an application for a
419	419	place on the ballot, each official form for an application that a
420	420	candidate is required to file under this code must include:
421	421	(1) a space for indicating the form in which the
422	422	candidate's name is to appear on the ballot;
423	423	(2) a space for the candidate's public mailing
424	424	address;
425	425	(3) spaces for the candidate's home and office
426	426	telephone numbers and e-mail address at which the candidate
427	427	receives correspondence relating to the candidate's campaign;
428	428	[and]
429	429	(4) a statement informing candidates that the
430	430	furnishing of the telephone numbers is optional; and
431	431	(5) in an election where nominating partisan
432	432	candidates is authorized, space for the candidate to list a party
433	433	affiliation.
434	434	SECTION 20. Section 141.070(a), Election Code, is amended
435	435	to read as follows:
436	436	(a) If, since the most recent presidential [gubernatorial]
437	437	general election, a district or precinct from which an officer of
438	438	the federal, state, or county government is elected is created or
439	439	has had its boundary changed, the number of votes received in the
440	440	district or precinct by a political party's presidential
441	441	[gubernatorial] candidate or by all the presidential
442	442	[gubernatorial] candidates shall be estimated, as provided by this
443	443	section, for the purpose of computing the number of signatures
444	444	required on a candidate's petition.
445	445	SECTION 21. Section 145.001(e), Election Code, is amended
446	446	to read as follows:
447	447	(e) This section does not apply to a candidate:
448	448	(1) for president or vice-president of the United
449	449	States; or
450	450	(2) chosen by general primary election.
451	451	SECTION 22. Sections 145.003(b) and (h), Election Code, are
452	452	amended to read as follows:
453	453	(b) A candidate in the general election for state and county
454	454	officers may be declared ineligible before the 30th day preceding
455	455	election day by[:
456	456	[(1) the party officer responsible for certifying the
457	457	candidate's name for placement on the general election ballot, in
458	458	the case of a candidate who is a political party's nominee; or
459	459	[(2)] the authority with whom the candidate's
460	460	application for a place on the ballot is required to be filed[, in
461	461	the case of an independent candidate].
462	462	(h) If a candidate is declared ineligible [after the
463	463	deadline for omitting an ineligible candidate's name from the
464	464	ballot], the authority making the declaration shall promptly
465	465	certify in writing the declaration of ineligibility to the
466	466	canvassing authority for the election.
467	467	SECTION 23. The heading to Subchapter D, Chapter 145,
468	468	Election Code, is amended to read as follows:
469	469	SUBCHAPTER D. CANDIDATE IN ELECTION IN WHICH CANDIDATES ARE NOT
470	470	CHOSEN BY [OTHER THAN] GENERAL PRIMARY ELECTION [FOR STATE AND
471	471	COUNTY OFFICERS]
472	472	SECTION 24. Section 146.0231(a), Election Code, is amended
473	473	to read as follows:
474	474	(a) The filing fee for a write-in candidate is the amount
475	475	prescribed by Section 141.0315 [172.024] for a candidate [for
476	476	nomination] for the same office in a general primary election.
477	477	SECTION 25. Section 146.0232, Election Code, is amended to
478	478	read as follows:
479	479	Sec. 146.0232. NUMBER OF PETITION SIGNATURES REQUIRED. The
480	480	minimum number of signatures that must appear on the petition
481	481	authorized by Section 146.023(b) is the number prescribed by
482	482	Section 141.0316 [172.025] to appear on a petition of a candidate
483	483	[for nomination] for the same office in a general primary election.
484	484	SECTION 26. Chapter 161, Election Code, is amended by
485	485	adding Section 161.0035 to read as follows:
486	486	Sec. 161.0035. PARTY PRIMARY ELECTIONS. In this title, any
487	487	reference to a general primary election, primary election, or
488	488	nominating convention means an election or convention restricted to
489	489	the selection of:
490	490	(1) party officers; or
491	491	(2) a party's nominees for president or
492	492	vice-president.
493	493	SECTION 27. Section 163.006(d), Election Code, is amended
494	494	to read as follows:
495	495	(d) Before January 15 of each year in which political
496	496	parties hold precinct conventions under this title, the secretary
497	497	of state shall deliver written notice of the requirements of this
498	498	section to the state chair of each party that had a nominee for
499	499	president or vice-president [a statewide or district office] on the
500	500	most recent general election ballot.
501	501	SECTION 28. The heading to Subtitle B, Title 10, Election
502	502	Code, is amended to read as follows:
503	503	SUBTITLE B. PARTIES SELECTING PARTY OFFICERS [NOMINATING] BY
504	504	PRIMARY ELECTION
505	505	SECTION 29. Section 172.002(c), Election Code, is amended
506	506	to read as follows:
507	507	(c) For a political party to be entitled to hold a primary
508	508	election [under this section], the state chair, not later than one
509	509	year before general election day, must deliver written notice to
510	510	the secretary of state that the party will hold a primary election
511	511	in the general election year.
512	512	SECTION 30. Section 172.021(e), Election Code, is amended
513	513	to read as follows:
514	514	(e) A candidate for an office specified by Section
515	515	141.0315(a)(8) [172.024(a)(8)], (10), or (12), or for justice of
516	516	the peace in a county with a population of more than 1.5 million,
517	517	who chooses to pay the filing fee must also accompany the
518	518	application with a petition for a place on the primary ballot as a
519	519	candidate for judicial office that complies with the requirements
520	520	prescribed for the petition authorized by Subsection (b), except
521	521	that the minimum number of signatures that must appear on the
522	522	petition required by this subsection is 250. If the candidate
523	523	chooses to file the petition authorized by Subsection (b) in lieu of
524	524	the filing fee, the minimum number of signatures required for that
525	525	petition is increased by 250. Signatures on a petition filed under
526	526	this subsection or Subsection (b) by a candidate covered by this
527	527	subsection may not be obtained on the grounds of a county courthouse
528	528	or courthouse annex.
529	529	SECTION 31. Section 172.061(a), Election Code, is amended
530	530	to read as follows:
531	531	(a) Except for Section [Sections 172.058(b),] 172.059(c),
532	532	[and 172.060(b),] this subchapter applies to a candidate for county
533	533	chair or precinct chair.
534	534	SECTION 32. Section 172.088(e), Election Code, is amended
535	535	to read as follows:
536	536	(e) The minimum number of signatures that must appear on the
537	537	petition is five percent of the total vote received by all
538	538	candidates for president [governor] in the party's most recent
539	539	presidential [gubernatorial] general primary election.
540	540	SECTION 33. Section 172.089, Election Code, is amended to
541	541	read as follows:
542	542	Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party
543	543	offices of county chair and precinct chair shall be listed on the
544	544	primary election ballot after the candidates for the presidential
545	545	and vice-presidential nomination [public offices] with the office
546	546	of county chair listed first.
547	547	SECTION 34. Section 172.112, Election Code, is amended to
548	548	read as follows:
549	549	Sec. 172.112. WRITE-IN VOTING. Write-in voting in a
550	550	primary election is [not] permitted only for the offices of county
551	551	chair and precinct chair.
552	552	SECTION 35. Section 172.126(b), Election Code, is amended
553	553	to read as follows:
554	554	(b) The county clerk shall determine whether to consolidate
555	555	election precincts under Section 42.009 and shall designate the
556	556	location of the polling place in a consolidated precinct. To the
557	557	extent possible, a polling place shall be designated that will
558	558	accommodate the precinct conventions of each political party. [If a
559	559	polling place, whether for a regular or consolidated precinct, is
560	560	not suitable for more than one precinct convention, the polling
561	561	place may be used by the party whose candidate for governor received
562	562	the most votes in the county in the most recent gubernatorial
563	563	general election.]
564	564	SECTION 36. Section 173.083(d), Election Code, is amended
565	565	to read as follows:
566	566	(d) The final installment may not be paid until a report is
567	567	filed in compliance with Section 173.084 [and, in the case of a
568	568	county chair, a report is also filed in compliance with Section
569	569	172.124]. On the filing of the report, the secretary of state shall
570	570	calculate the amount of the final installment and prepare and
571	571	deliver to the comptroller of public accounts a certified statement
572	572	indicating that amount and the appropriate county or state chair's
573	573	name.
574	574	SECTION 37. Section 191.001, Election Code, is amended to
575	575	read as follows:
576	576	Sec. 191.001. PARTIES REQUIRED TO HOLD PRESIDENTIAL PRIMARY
577	577	ELECTION. To be entitled to have its nominees for president and
578	578	vice-president of the United States placed on the general election
579	579	ballot in a particular presidential election year, a political
580	580	party must hold a presidential primary election in this state if:
581	581	(1) [in the presidential election year, the party is
582	582	required by this code to nominate its candidates for state and
583	583	county offices by primary election;
584	584	[(2)] a presidential primary election is authorized
585	585	under national party rules; and
586	586	(2) [(3)] before January 1 of the presidential
587	587	election year, the national party has determined that it will hold a
588	588	national presidential nominating convention that year.
589	589	SECTION 38. The heading to Section 191.031, Election Code,
590	590	is amended to read as follows:
591	591	Sec. 191.031. NATIONAL PRESIDENTIAL NOMINATING CONVENTION
592	592	[PARTY HOLDING PRIMARY ELECTION].
593	593	SECTION 39. Sections 191.031(a) and (b), Election Code, are
594	594	amended to read as follows:
595	595	(a) If a political party [holding a primary election in a
596	596	presidential election year] desires to send delegates to a national
597	597	presidential nominating convention of the party, the party shall
598	598	select the delegates at a state convention convened on a date
599	599	adopted by the state executive committee occurring in the
600	600	presidential election year. [Before the date of the party's
601	601	precinct conventions held under Chapter 174, the party's state
602	602	executive committee shall choose the date, hour, and place for the
603	603	state convention.]
604	604	(b) The state convention shall consist of delegates
605	605	selected at the party's county and senatorial district conventions
606	606	[held under Chapter 174].
607	607	SECTION 40. Section 202.004(a), Election Code, is amended
608	608	to read as follows:
609	609	(a) A candidate [political party's nominee] for an
610	610	unexpired term must be chosen [nominated] by primary election if[:
611	611	[(1) the political party is making nominations by
612	612	primary election for the general election in which the vacancy is to
613	613	be filled; and
614	614	[(2)] the vacancy occurs on or before the fifth day
615	615	before the date of the regular deadline for candidates to file
616	616	applications for a place on the general primary ballot.
617	617	SECTION 41. Section 203.005(b), Election Code, is amended
618	618	to read as follows:
619	619	(b) An application must, in addition to complying with
620	620	Section 141.031:
621	621	(1) state the political party with which the candidate
622	622	is aligned or, if the candidate is not aligned with a party, state
623	623	that fact; and
624	624	(2) be accompanied by:
625	625	(A) a filing fee in the amount prescribed by
626	626	Section 141.0315 [172.024] for a candidate for [nomination for] the
627	627	same office in a general primary election; or
628	628	(B) a petition that satisfies the requirements
629	629	prescribed by Section 141.062.
630	630	SECTION 42. Section 257.005(a), Election Code, is amended
631	631	to read as follows:
632	632	(a) Except as provided by this section, the following are
633	633	subject to the requirements of this title that apply to a candidate
634	634	for public office:
635	635	(1) a candidate for state chair of a political party
636	636	with an affiliated candidate [a nominee] on the ballot in the most
637	637	recent gubernatorial general election; and
638	638	(2) a candidate for election to the office of county
639	639	chair of a political party with an affiliated candidate [a nominee]
640	640	on the ballot in the most recent gubernatorial general election if
641	641	the county has a population of 350,000 or more.
642	642	SECTION 43. The following provisions are repealed:
643	643	(1) Subtitle C, Title 10, Election Code;
644	644	(2) Chapter 142, Election Code;
645	645	(3) Subchapters B and C, Chapter 145, Election Code;
646	646	(4) Sections 161.008, 162.015, 162.016, 172.001,
647	647	172.117, 172.121, 172.122, 172.123, 172.124, 191.032, 202.005,
648	648	202.006, 202.007, 204.004, and 232.046, Election Code;
649	649	(5) Sections 171.054(e), 172.002(a), 172.058(b),
650	650	172.060(b), 181.068(c), and 182.007(c), Election Code; and
651	651	(6) Section 572.027(d), Government Code.
652	652	SECTION 44. This Act takes effect September 1, 2021.