Texas 2021 - 87th Regular

Texas House Bill HB4427 Compare Versions

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

Old	New	Differences
1	1	87R10427 MLH-F
2	2	By: González of Dallas H.B. No. 4427
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the committees and officers of
8	8	certain political parties regarding the conduct of primary
9	9	elections.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 31.091(3), Election Code, is amended to
12	12	read as follows:
13	13	(3) "Contracting authority" means the governing body
14	14	of a political subdivision or the county chair [executive
15	15	committee] of a political party that enters into a contract under
16	16	this subchapter.
17	17	SECTION 2. Sections 31.093(c) and (e), Election Code, are
18	18	amended to read as follows:
19	19	(c) On request of the county chair of a political party
20	20	holding a primary election in the county, the county election
21	21	officer shall contract with the chair [county executive committee
22	22	of the party] to perform election services, as provided by this
23	23	subchapter, in the party's general primary election and runoff
24	24	primary election in accordance with a cost schedule agreed on by the
25	25	contracting parties.
26	26	(e) A county election officer must offer to contract on the
27	27	same terms with the county chair [executive committee] of each
28	28	political party holding a primary election in the county.
29	29	SECTION 3. Section 31.099(b), Election Code, is amended to
30	30	read as follows:
31	31	(b) The county election officer shall file a copy of the
32	32	secretary of state's approval with each copy of a contract with the
33	33	county chair [executive committee] of a political party if the
34	34	approval is in a separate document.
35	35	SECTION 4. Section 32.093, Election Code, is amended to
36	36	read as follows:
37	37	Sec. 32.093. AUTHORITY FIXING COMPENSATION. The
38	38	compensation of election judges and clerks shall be fixed by the
39	39	following authority:
40	40	(1) for an election ordered by the governor or a county
41	41	authority, the commissioners court;
42	42	(2) for an election ordered by an authority of a
43	43	political subdivision other than a county, the political
44	44	subdivision's governing body; and
45	45	(3) for a primary election, the county chair
46	46	[executive committee] of the political party holding the primary.
47	47	SECTION 5. Section 32.094, Election Code, is amended by
48	48	amending Subsections (a) and (e) and adding Subsection (f) to read
49	49	as follows:
50	50	(a) After each election, each presiding judge serving in the
51	51	election shall prepare and sign[, in duplicate,] a statement
52	52	containing the following information:
53	53	(1) the name and address of the presiding judge and
54	54	each clerk who served under the judge;
55	55	(2) the number of hours that each election officer
56	56	worked at the polling place or at another location under Section
57	57	62.014(c), excluding time for which payment may not be made; and
58	58	(3) the name of the election officer who delivered the
59	59	election records, keys, and unused supplies, and, if more than one
60	60	officer, the name of and the amount of compensation allocated to
61	61	each officer.
62	62	(e) The original compensation statement shall be used for
63	63	making payment for the services. The general custodian of election
64	64	records shall preserve an electronic copy of the statement [the
65	65	duplicate] for the period for preserving the precinct election
66	66	records. If the presiding judge provides [delivers] the statement
67	67	to an authority other than the general custodian of election
68	68	records, the authority receiving the statement shall provide
69	69	[deliver] the statement [duplicate] to the general custodian not
70	70	later than the third day after the date of its receipt.
71	71	(f) The secretary of state, or a county, may develop and
72	72	implement an electronic system for a presiding judge to submit the
73	73	information required under this section to the appropriate
74	74	authority. The secretary of state may prescribe rules regarding
75	75	the development and implementation of a system under this
76	76	subsection to ensure compatibility with any other system developed
77	77	and implemented under this section.
78	78	SECTION 6. Section 32.111(a), Election Code, is amended to
79	79	read as follows:
80	80	(a) The secretary of state shall:
81	81	(1) adopt standards of training in election law and
82	82	procedure for presiding or alternate election judges;
83	83	(2) develop materials for a standardized curriculum
84	84	for that training; and
85	85	(3) distribute the materials as necessary to the
86	86	governing bodies of political subdivisions that hold elections and
87	87	to each county chair [executive committee] of a political party
88	88	that holds a primary election.
89	89	SECTION 7. Sections 32.113(a) and (b), Election Code, are
90	90	amended to read as follows:
91	91	(a) The governing body of a political subdivision other than
92	92	a county may, and the county chair [executive committee] of a
93	93	political party shall, provide training for its election officers
94	94	using the standardized training program and materials developed and
95	95	provided by the secretary of state under Section 32.111.
96	96	(b) A political subdivision or county chair [executive
97	97	committee] may conduct its training independently or jointly with
98	98	other entities.
99	99	SECTION 8. Section 32.115, Election Code, is amended to
100	100	read as follows:
101	101	Sec. 32.115. SECRETARY OF STATE TO ASSIST IN TRAINING. On
102	102	request of a county chair [executive committee] or a county clerk,
103	103	as appropriate, the secretary of state shall schedule and provide
104	104	assistance for the training of election judges and clerks under
105	105	Section 32.113 or 32.114. The secretary may provide similar
106	106	training assistance to other political subdivisions.
107	107	SECTION 9. Section 42.0051(a), Election Code, is amended to
108	108	read as follows:
109	109	(a) If changes in county election precinct boundaries to
110	110	give effect to a redistricting plan result in county election
111	111	precincts with a number of registered voters less than 500, a
112	112	commissioners court for a general or special election, or for a
113	113	primary election the county chair [executive committee] of a
114	114	political party conducting a primary election, may combine county
115	115	election precincts notwithstanding Section 42.005 to avoid
116	116	unreasonable expenditures for election equipment, supplies, and
117	117	personnel.
118	118	SECTION 10. Section 42.009, Election Code, is amended to
119	119	read as follows:
120	120	Sec. 42.009. CONSOLIDATING PRECINCTS IN PRIMARY ELECTION.
121	121	The county chair [executive committee] of a political party holding
122	122	a primary election may order two or more county election precincts
123	123	consolidated into a single precinct if the polling place is located
124	124	so it will adequately serve the voters of the consolidated
125	125	precinct.
126	126	SECTION 11. Section 43.003, Election Code, is amended to
127	127	read as follows:
128	128	Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION. The
129	129	county chair of a political party holding a primary election shall
130	130	designate the location of the polling place for each election
131	131	precinct in the primary [unless the precinct is one that is
132	132	consolidated. In that case, the county executive committee shall
133	133	designate the location].
134	134	SECTION 12. Section 43.007(a), Election Code, is amended to
135	135	read as follows:
136	136	(a) The secretary of state shall implement a program to
137	137	allow each commissioners court participating in the program to
138	138	eliminate county election precinct polling places and establish
139	139	countywide polling places for:
140	140	(1) each general election for state and county
141	141	officers;
142	142	(2) each election held on the uniform election date in
143	143	May and any resulting runoff;
144	144	(3) each election on a proposed constitutional
145	145	amendment;
146	146	(4) each primary election and runoff primary election
147	147	if:
148	148	(A) the county chair [or county executive
149	149	committee] of each political party participating in a joint primary
150	150	election under Section 172.126 agrees to the use of countywide
151	151	polling places; or
152	152	(B) the county chair [or county executive
153	153	committee] of each political party required to nominate candidates
154	154	by primary election agrees to use the same countywide polling
155	155	places; and
156	156	(5) each election of a political subdivision located
157	157	in the county that is held jointly with an election described by
158	158	Subdivision (1), (2), (3), or (4).
159	159	SECTION 13. Section 51.003, Election Code, is amended to
160	160	read as follows:
161	161	Sec. 51.003. PROCURING AND ALLOCATING SUPPLIES. Except as
162	162	otherwise provided by law, the following authority shall procure
163	163	the election supplies necessary to conduct an election and shall
164	164	determine the quantity of the various types of supplies to be
165	165	provided to each precinct polling place and early voting polling
166	166	place:
167	167	(1) for an election ordered by the governor or a county
168	168	authority, the county clerk, subject to the approval of the county
169	169	election board;
170	170	(2) for a primary election, the county chair of the
171	171	political party holding the primary [, subject to the approval of
172	172	the party's county executive committee];
173	173	(3) for an election ordered by a city authority, the
174	174	city secretary; and
175	175	(4) for an election ordered by an authority of a
176	176	political subdivision other than a county or city, the secretary of
177	177	the subdivision's governing body or, if the governing body has no
178	178	secretary, the governing body's presiding officer.
179	179	SECTION 14. Section 123.033, Election Code, is amended to
180	180	read as follows:
181	181	Sec. 123.033. ACQUISITION OF EQUIPMENT BY POLITICAL PARTY
182	182	FOR PRIMARY. (a) A political party's county chair [executive
183	183	committee] that desires to use a voting system for a primary
184	184	election must acquire the equipment necessary for operating the
185	185	voting system as provided by this section.
186	186	(b) The county chair [executive committee] may contract to
187	187	lease the equipment from the county. If the equipment desired is not
188	188	available from the county, the chair [county executive committee]
189	189	may contract to lease it from any other source.
190	190	(c) If the county chair [executive committee] desires to
191	191	lease equipment owned by the county served by the chair
192	192	[committee], the county shall lease the equipment to the chair
193	193	[committee] under the terms agreed to by the parties, except that
194	194	the county's duty to lease the equipment is subject to reasonable
195	195	restrictions and conditions imposed by the commissioners court to:
196	196	(1) ensure availability of the equipment in elections
197	197	for which the commissioners court adopted the voting system; and
198	198	(2) protect the equipment from misuse or damage.
199	199	(d) A county is not required to provide a political party's
200	200	county chair [executive committee] with equipment for use in an
201	201	election precinct in which fewer than 100 votes were cast in the
202	202	political party's most recent general or runoff primary.
203	203	(e) The maximum amount that may be charged for leasing
204	204	equipment to a county chair [executive committee] for a general or
205	205	runoff primary is:
206	206	(1) $5 for each unit of electronic voting system
207	207	equipment installed at a polling place; and
208	208	(2) $5 for each unit of other equipment not specified
209	209	by this subsection.
210	210	(f) In addition to the amount a county may charge for
211	211	leasing its equipment under Subsection (e), a county may charge a
212	212	county chair [executive committee] for the actual expenses incurred
213	213	by the county in:
214	214	(1) transporting the equipment to and from the polling
215	215	places;
216	216	(2) preparing the equipment for use in the primary
217	217	election; and
218	218	(3) operating a central counting station for the
219	219	primary election.
220	220	SECTION 15. Section 141.031(a), Election Code, is amended
221	221	to read as follows:
222	222	(a) A candidate's application for a place on the ballot that
223	223	is required by this code must:
224	224	(1) be in writing;
225	225	(2) be signed and sworn to before a person authorized
226	226	to administer oaths in this state by the candidate and indicate the
227	227	date that the candidate swears to the application;
228	228	(3) be timely filed with the appropriate authority;
229	229	[and]
230	230	(4) if the candidate is applying to seek office as a
231	231	member of a political party, contain the signature of the party
232	232	chair; and
233	233	(5) include:
234	234	(A) the candidate's name;
235	235	(B) the candidate's occupation;
236	236	(C) the office sought, including any place number
237	237	or other distinguishing number;
238	238	(D) an indication of whether the office sought is
239	239	to be filled for a full or unexpired term if the office sought and
240	240	another office to be voted on have the same title but do not have
241	241	place numbers or other distinguishing numbers;
242	242	(E) a statement that the candidate is a United
243	243	States citizen;
244	244	(F) a statement that the candidate has not been
245	245	determined by a final judgment of a court exercising probate
246	246	jurisdiction to be:
247	247	(i) totally mentally incapacitated; or
248	248	(ii) partially mentally incapacitated
249	249	without the right to vote;
250	250	(G) a statement that the candidate has not been
251	251	finally convicted of a felony from which the candidate has not been
252	252	pardoned or otherwise released from the resulting disabilities;
253	253	(H) the candidate's date of birth;
254	254	(I) the candidate's residence address or, if the
255	255	residence has no address, the address at which the candidate
256	256	receives mail and a concise description of the location of the
257	257	candidate's residence;
258	258	(J) the candidate's length of continuous
259	259	residence in the state and in the territory from which the office
260	260	sought is elected as of the date the candidate swears to the
261	261	application;
262	262	(K) the statement: "I, __________, of __________
263	263	County, Texas, being a candidate for the office of __________,
264	264	swear that I will support and defend the constitution and laws of
265	265	the United States and of the State of Texas";
266	266	(L) a statement that the candidate is aware of
267	267	the nepotism law, Chapter 573, Government Code; and
268	268	(M) a public mailing address at which the
269	269	candidate receives correspondence relating to the candidate's
270	270	campaign, if available, and an electronic mail address at which the
271	271	candidate receives correspondence relating to the candidate's
272	272	campaign, if available.
273	273	SECTION 16. Subchapter B, Chapter 171, Election Code, is
274	274	amended by adding Section 171.030 to read as follows:
275	275	Sec. 171.030. STATE CHAIR ACTING AS COUNTY CHAIR.
276	276	Notwithstanding any other law, if a political party holding a
277	277	primary election in a county does not have a county chair for that
278	278	county or if the county chair for that county has failed to perform
279	279	a statutory duty:
280	280	(1) the state chair of the political party has the
281	281	powers, duties, and functions of a county chair under Titles 3, 4,
282	282	5, and 8 for that county; and
283	283	(2) a governmental entity, election officer, or other
284	284	person required to provide notice, documents, or materials to a
285	285	county chair for that county under Titles 3, 4, 5, and 8 shall
286	286	provide the notice, documents, or materials to the state chair of
287	287	the political party if the county does not have a county chair or in
288	288	connection with any duty the county chair has failed to perform.
289	289	SECTION 17. Section 172.081(a), Election Code, is amended
290	290	to read as follows:
291	291	(a) A [Except as provided by Subsection (b), a] primary
292	292	committee may be [is] established in each county having a county
293	293	executive committee. If created, the [The] primary committee
294	294	consists of:
295	295	(1) the county chair; and
296	296	(2) four other members of the county executive
297	297	committee, appointed by the county chair subject to the executive
298	298	committee's approval.
299	299	SECTION 18. The heading to Section 172.126, Election Code,
300	300	is amended to read as follows:
301	301	Sec. 172.126. JOINT PRIMARIES [AUTHORIZED].
302	302	SECTION 19. Section 172.126, Election Code, is amended by
303	303	amending Subsection (a) and adding Subsections (a-1), (a-2), (h-1),
304	304	(h-2), (j), and (k) to read as follows:
305	305	(a) Except as otherwise provided by Subsection (a-1), the
306	306	[The] primary elections in a county shall [may] be conducted
307	307	jointly at the regular polling places designated for the general
308	308	election for state and county officers. The county clerk shall
309	309	supervise the overall conduct of the joint primary elections. This
310	310	section applies to the conduct of joint primary elections
311	311	notwithstanding and in addition to other applicable provisions of
312	312	this code. [The decision to conduct a joint general primary
313	313	election or runoff primary election, as applicable, must be made by
314	314	majority vote of the full membership of the commissioners court and
315	315	with the unanimous approval of the county clerk and the county chair
316	316	of each political party required to nominate candidates by primary
317	317	election.]
318	318	(a-1) A county chair may elect for the political party to
319	319	not participate in a joint primary under Subsection (a) by
320	320	providing notice under Subsection (j). A county chair may elect to
321	321	perform any requirement under this section in lieu of the county
322	322	clerk by providing similar notice. The county clerk shall perform
323	323	all duties required under this section for each political party for
324	324	which the county chair has not submitted notice under this section.
325	325	(a-2) The county clerk shall receive direct repayment of an
326	326	actual expense incurred in connection with a joint election under
327	327	Section 173.0832.
328	328	(h-1) Except as provided by Subsection (a-1), in a joint
329	329	primary election held under this section, the county clerk shall:
330	330	(1) obtain voter registration lists from the voter
331	331	registrar of the county;
332	332	(2) provide training and compensation of election
333	333	clerks and judges;
334	334	(3) provide notice under Section 4.007;
335	335	(4) designate the location of the election day polling
336	336	places for the general primary election and any resulting runoff
337	337	election;
338	338	(5) procure and distribute all polling place supplies;
339	339	and
340	340	(6) perform duties relating to voting system and
341	341	electronic pollbook equipment, including tabulation of election
342	342	results.
343	343	(h-2) In a joint primary or resulting runoff election under
344	344	this section, the party shall:
345	345	(1) provide the list of names of the election judges
346	346	and clerks required under Subsection (c);
347	347	(2) participate in the appointment of the counting
348	348	station manager, the tabulation supervisor, and the assistants to
349	349	the tabulation supervisor; and
350	350	(3) as soon as practicable after the filing deadline,
351	351	or, for a runoff election, after the local canvass:
352	352	(A) direct the county clerk to the candidate
353	353	filing system on the secretary of state's Internet website to find
354	354	the candidates' names and offices as they are to appear on the
355	355	ballot; and
356	356	(B) submit a proposition that is to appear on the
357	357	ballot under Section 172.087 to the county clerk.
358	358	(j) A county chair may make the election under Subsection
359	359	(a-1) if the county chair gives notice in writing to the county
360	360	clerk and the secretary of state not later than the first day on
361	361	which a candidate may file an application for placement on a ballot
362	362	that:
363	363	(1) includes a certification that the county executive
364	364	committee has a county primary fund as required by Section 173.031;
365	365	(2) includes a list of the duties under Subsection
366	366	(h-1) that the county chair still wishes the county clerk to
367	367	perform;
368	368	(3) states whether the county executive committee will
369	369	compensate election workers; and
370	370	(4) includes a certification that the cost of the
371	371	party's primary election will not exceed an amount equivalent to
372	372	the projected cost of the joint primary election conducted by the
373	373	county clerk divided by the number of parties participating.
374	374	(k) Any cost incurred by the party in holding the primary
375	375	election in excess of the amount certified under Subsection (j)(4)
376	376	shall be paid from party funds, unless the secretary of state
377	377	approves the cost in advance.
378	378	SECTION 20. Section 173.031, Election Code, is amended by
379	379	amending Subsection (a) and adding Subsections (c), (d), (e), and
380	380	(f) to read as follows:
381	381	(a) A county primary fund is created for each county
382	382	executive committee of a political party holding a primary election
383	383	if required by the state executive committee of the political
384	384	party.
385	385	(c) A state executive committee shall require a county
386	386	executive committee to have a county primary fund under Subsection
387	387	(a) if the county executive committee does not participate in a
388	388	joint primary under Section 172.126 or the county will otherwise
389	389	expend funds for administrative purposes.
390	390	(d) A state executive committee may by rule allow a county
391	391	executive committee that does not have a primary fund to accept
392	392	filing fees payable to the state party primary fund. The county
393	393	chair shall remit these funds to the state chair not later than five
394	394	days after the funds are accepted. If the state chair discovers that
395	395	a check made payable to the state party primary fund may not be
396	396	deposited due to insufficient funds, the state chair shall notify
397	397	the county chair, and the county chair shall notify the candidate
398	398	that the candidate's application for a place on the ballot has been
399	399	rejected.
400	400	(e) The state party shall account for each filing fee
401	401	accepted under Subsection (d) by listing in state party records:
402	402	(1) the county;
403	403	(2) the candidate's name;
404	404	(3) the office sought; and
405	405	(4) the amount of the accepted fee.
406	406	(f) The state party shall remit the total of the funds
407	407	accepted under Subsection (d) to the secretary of state within 10
408	408	days of the completion of the filing period.
409	409	SECTION 21. Section 173.0341(c), Election Code, is amended
410	410	to read as follows:
411	411	(c) If the state chair acts as the fiscal agent for a county
412	412	party in accordance with an agreement under this section:
413	413	(1) the state chair shall deliver the completed
414	414	agreement to the secretary of state;
415	415	(2) any filing fee received by the county party under
416	416	Subchapter C must be made payable to the state party for deposit in
417	417	the state primary fund not later than five days after receipt of the
418	418	filing fee;
419	419	(3) the county chair [or county executive committee]
420	420	shall make a request in accordance with Section 31.093 to enter into
421	421	a contract with the county elections administrator to conduct
422	422	primary elections in the county; and
423	423	(4) Section 173.031 does not apply to the county
424	424	party.
425	425	SECTION 22. Section 173.083, Election Code, is amended to
426	426	read as follows:
427	427	Sec. 173.083. STATE PAYMENT OF ESTIMATED PRIMARY EXPENSES.
428	428	(a) The amount of estimated primary election expenses payable with
429	429	state funds under this section is equal to:
430	430	(1) for a general primary election:
431	431	(A) if the county chair retains candidate filing
432	432	fees collected under Section 172.021, the difference obtained by
433	433	subtracting the sum of the filing fees and contributions reported
434	434	in the statement of estimated primary election expenses from the
435	435	total amount of estimated general primary expenses approved by the
436	436	secretary of state under Section 173.082; and
437	437	(B) if the county chair elects to forward
438	438	candidate filing fees collected under Section 172.021 pursuant to
439	439	Section 173.031(d), the difference obtained by subtracting the
440	440	contributions reported in the statement of estimated primary
441	441	election expenses from the total amount of estimated general
442	442	primary expenses approved by the secretary of state under Section
443	443	173.082; and
444	444	(2) for a runoff primary election, the total amount of
445	445	estimated runoff primary expenses approved by the secretary.
446	446	(b) State payment of the estimated primary election
447	447	expenses shall be made in installments as follows:
448	448	(1) the initial installment for the expenses of a
449	449	general primary is equal to the sum of three-fourths, or
450	450	three-fifths if the secretary of state determines that figure to be
451	451	more efficient, of the amount of estimated general primary expenses
452	452	not including estimates of election staff salaries payable with
453	453	state funds and the total estimated amount of election staff
454	454	salaries;
455	455	(2) the initial installment for the expenses of a
456	456	runoff primary is equal to the sum of three-fourths, or
457	457	three-fifths if the secretary of state determines that figure to be
458	458	more efficient, of the amount of estimated runoff primary expenses
459	459	not including estimates of election staff salaries payable with
460	460	state funds and the total estimated amount of election staff
461	461	salaries; and
462	462	(3) the final installment is equal to the difference
463	463	obtained by subtracting the total of the installments paid under
464	464	Subdivisions (1) and (2) from the total of the actual general and
465	465	runoff primary election expenses payable with state funds.
466	466	(c) After determining the amount of estimated primary
467	467	expenses to approve under Section 173.082 for a general or runoff
468	468	primary, the secretary of state shall calculate the amount of the
469	469	installment payable under Subsection (b)(1) or (2), as applicable.
470	470	The secretary shall then prepare and deliver to the comptroller of
471	471	public accounts a certified statement indicating the amount of the
472	472	installment, the total amount of estimated general or runoff
473	473	primary expenses payable with state funds, and the name of the
474	474	county election officer, county chair, or state chair who submitted
475	475	the statement of estimated primary election expenses.
476	476	(d) The final installment may not be paid until a report is
477	477	filed in compliance with Section 173.084 and, in the case of a
478	478	county chair, a report is also filed in compliance with Section
479	479	172.124. On the filing of the report, the secretary of state shall
480	480	calculate the amount of the final installment and prepare and
481	481	deliver to the comptroller of public accounts a certified statement
482	482	indicating that amount and the appropriate county election officer,
483	483	county chair, or state chair's name.
484	484	(e) On receipt of a certified statement under Subsection (c)
485	485	or (d), the comptroller of public accounts shall issue a warrant or
486	486	direct deposit in the certified amount of the installment payable
487	487	to the county election officer, county chair, or state chair
488	488	identified by the statement.
489	489	SECTION 23. This Act takes effect September 1, 2021.