87R10427 MLH-F
By: González of Dallas H.B. No. 4427
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the committees and officers of
certain political parties regarding the conduct of primary
elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.091(3), Election Code, is amended to
read as follows:
(3) "Contracting authority" means the governing body
of a political subdivision or the county chair [executive
committee] of a political party that enters into a contract under
this subchapter.
SECTION 2. Sections 31.093(c) and (e), Election Code, are
amended to read as follows:
(c) On request of the county chair of a political party
holding a primary election in the county, the county election
officer shall contract with the chair [county executive committee
of the party] to perform election services, as provided by this
subchapter, in the party's general primary election and runoff
primary election in accordance with a cost schedule agreed on by the
contracting parties.
(e) A county election officer must offer to contract on the
same terms with the county chair [executive committee] of each
political party holding a primary election in the county.
SECTION 3. Section 31.099(b), Election Code, is amended to
read as follows:
(b) The county election officer shall file a copy of the
secretary of state's approval with each copy of a contract with the
county chair [executive committee] of a political party if the
approval is in a separate document.
SECTION 4. Section 32.093, Election Code, is amended to
read as follows:
Sec. 32.093. AUTHORITY FIXING COMPENSATION. The
compensation of election judges and clerks shall be fixed by the
following authority:
(1) for an election ordered by the governor or a county
authority, the commissioners court;
(2) for an election ordered by an authority of a
political subdivision other than a county, the political
subdivision's governing body; and
(3) for a primary election, the county chair
[executive committee] of the political party holding the primary.
SECTION 5. Section 32.094, Election Code, is amended by
amending Subsections (a) and (e) and adding Subsection (f) to read
as follows:
(a) After each election, each presiding judge serving in the
election shall prepare and sign[, in duplicate,] a statement
containing the following information:
(1) the name and address of the presiding judge and
each clerk who served under the judge;
(2) the number of hours that each election officer
worked at the polling place or at another location under Section
62.014(c), excluding time for which payment may not be made; and
(3) the name of the election officer who delivered the
election records, keys, and unused supplies, and, if more than one
officer, the name of and the amount of compensation allocated to
each officer.
(e) The original compensation statement shall be used for
making payment for the services. The general custodian of election
records shall preserve an electronic copy of the statement [the
duplicate] for the period for preserving the precinct election
records. If the presiding judge provides [delivers] the statement
to an authority other than the general custodian of election
records, the authority receiving the statement shall provide
[deliver] the statement [duplicate] to the general custodian not
later than the third day after the date of its receipt.
(f) The secretary of state, or a county, may develop and
implement an electronic system for a presiding judge to submit the
information required under this section to the appropriate
authority. The secretary of state may prescribe rules regarding
the development and implementation of a system under this
subsection to ensure compatibility with any other system developed
and implemented under this section.
SECTION 6. Section 32.111(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall:
(1) adopt standards of training in election law and
procedure for presiding or alternate election judges;
(2) develop materials for a standardized curriculum
for that training; and
(3) distribute the materials as necessary to the
governing bodies of political subdivisions that hold elections and
to each county chair [executive committee] of a political party
that holds a primary election.
SECTION 7. Sections 32.113(a) and (b), Election Code, are
amended to read as follows:
(a) The governing body of a political subdivision other than
a county may, and the county chair [executive committee] of a
political party shall, provide training for its election officers
using the standardized training program and materials developed and
provided by the secretary of state under Section 32.111.
(b) A political subdivision or county chair [executive
committee] may conduct its training independently or jointly with
other entities.
SECTION 8. Section 32.115, Election Code, is amended to
read as follows:
Sec. 32.115. SECRETARY OF STATE TO ASSIST IN TRAINING. On
request of a county chair [executive committee] or a county clerk,
as appropriate, the secretary of state shall schedule and provide
assistance for the training of election judges and clerks under
Section 32.113 or 32.114. The secretary may provide similar
training assistance to other political subdivisions.
SECTION 9. Section 42.0051(a), Election Code, is amended to
read as follows:
(a) If changes in county election precinct boundaries to
give effect to a redistricting plan result in county election
precincts with a number of registered voters less than 500, a
commissioners court for a general or special election, or for a
primary election the county chair [executive committee] of a
political party conducting a primary election, may combine county
election precincts notwithstanding Section 42.005 to avoid
unreasonable expenditures for election equipment, supplies, and
personnel.
SECTION 10. Section 42.009, Election Code, is amended to
read as follows:
Sec. 42.009. CONSOLIDATING PRECINCTS IN PRIMARY ELECTION.
The county chair [executive committee] of a political party holding
a primary election may order two or more county election precincts
consolidated into a single precinct if the polling place is located
so it will adequately serve the voters of the consolidated
precinct.
SECTION 11. Section 43.003, Election Code, is amended to
read as follows:
Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION. The
county chair of a political party holding a primary election shall
designate the location of the polling place for each election
precinct in the primary [unless the precinct is one that is
consolidated. In that case, the county executive committee shall
designate the location].
SECTION 12. Section 43.007(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall implement a program to
allow each commissioners court participating in the program to
eliminate county election precinct polling places and establish
countywide polling places for:
(1) each general election for state and county
officers;
(2) each election held on the uniform election date in
May and any resulting runoff;
(3) each election on a proposed constitutional
amendment;
(4) each primary election and runoff primary election
if:
(A) the county chair [or county executive
committee] of each political party participating in a joint primary
election under Section 172.126 agrees to the use of countywide
polling places; or
(B) the county chair [or county executive
committee] of each political party required to nominate candidates
by primary election agrees to use the same countywide polling
places; and
(5) each election of a political subdivision located
in the county that is held jointly with an election described by
Subdivision (1), (2), (3), or (4).
SECTION 13. Section 51.003, Election Code, is amended to
read as follows:
Sec. 51.003. PROCURING AND ALLOCATING SUPPLIES. Except as
otherwise provided by law, the following authority shall procure
the election supplies necessary to conduct an election and shall
determine the quantity of the various types of supplies to be
provided to each precinct polling place and early voting polling
place:
(1) for an election ordered by the governor or a county
authority, the county clerk, subject to the approval of the county
election board;
(2) for a primary election, the county chair of the
political party holding the primary [, subject to the approval of
the party's county executive committee];
(3) for an election ordered by a city authority, the
city secretary; and
(4) for an election ordered by an authority of a
political subdivision other than a county or city, the secretary of
the subdivision's governing body or, if the governing body has no
secretary, the governing body's presiding officer.
SECTION 14. Section 123.033, Election Code, is amended to
read as follows:
Sec. 123.033. ACQUISITION OF EQUIPMENT BY POLITICAL PARTY
FOR PRIMARY. (a) A political party's county chair [executive
committee] that desires to use a voting system for a primary
election must acquire the equipment necessary for operating the
voting system as provided by this section.
(b) The county chair [executive committee] may contract to
lease the equipment from the county. If the equipment desired is not
available from the county, the chair [county executive committee]
may contract to lease it from any other source.
(c) If the county chair [executive committee] desires to
lease equipment owned by the county served by the chair
[committee], the county shall lease the equipment to the chair
[committee] under the terms agreed to by the parties, except that
the county's duty to lease the equipment is subject to reasonable
restrictions and conditions imposed by the commissioners court to:
(1) ensure availability of the equipment in elections
for which the commissioners court adopted the voting system; and
(2) protect the equipment from misuse or damage.
(d) A county is not required to provide a political party's
county chair [executive committee] with equipment for use in an
election precinct in which fewer than 100 votes were cast in the
political party's most recent general or runoff primary.
(e) The maximum amount that may be charged for leasing
equipment to a county chair [executive committee] for a general or
runoff primary is:
(1) $5 for each unit of electronic voting system
equipment installed at a polling place; and
(2) $5 for each unit of other equipment not specified
by this subsection.
(f) In addition to the amount a county may charge for
leasing its equipment under Subsection (e), a county may charge a
county chair [executive committee] for the actual expenses incurred
by the county in:
(1) transporting the equipment to and from the polling
places;
(2) preparing the equipment for use in the primary
election; and
(3) operating a central counting station for the
primary election.
SECTION 15. 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) if the candidate is applying to seek office as a
member of a political party, contain the signature of the party
chair; and
(5) 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.
SECTION 16. Subchapter B, Chapter 171, Election Code, is
amended by adding Section 171.030 to read as follows:
Sec. 171.030. STATE CHAIR ACTING AS COUNTY CHAIR.
Notwithstanding any other law, if a political party holding a
primary election in a county does not have a county chair for that
county or if the county chair for that county has failed to perform
a statutory duty:
(1) the state chair of the political party has the
powers, duties, and functions of a county chair under Titles 3, 4,
5, and 8 for that county; and
(2) a governmental entity, election officer, or other
person required to provide notice, documents, or materials to a
county chair for that county under Titles 3, 4, 5, and 8 shall
provide the notice, documents, or materials to the state chair of
the political party if the county does not have a county chair or in
connection with any duty the county chair has failed to perform.
SECTION 17. Section 172.081(a), Election Code, is amended
to read as follows:
(a) A [Except as provided by Subsection (b), a] primary
committee may be [is] established in each county having a county
executive committee. If created, the [The] primary committee
consists of:
(1) the county chair; and
(2) four other members of the county executive
committee, appointed by the county chair subject to the executive
committee's approval.
SECTION 18. The heading to Section 172.126, Election Code,
is amended to read as follows:
Sec. 172.126. JOINT PRIMARIES [AUTHORIZED].
SECTION 19. Section 172.126, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (h-1),
(h-2), (j), and (k) to read as follows:
(a) Except as otherwise provided by Subsection (a-1), the
[The] primary elections in a county shall [may] be conducted
jointly at the regular polling places designated for the general
election for state and county officers. The county clerk shall
supervise the overall conduct of the joint primary elections. This
section applies to the conduct of joint primary elections
notwithstanding and in addition to other applicable provisions of
this code. [The decision to conduct a joint general primary
election or runoff primary election, as applicable, must be made by
majority vote of the full membership of the commissioners court and
with the unanimous approval of the county clerk and the county chair
of each political party required to nominate candidates by primary
election.]
(a-1) A county chair may elect for the political party to
not participate in a joint primary under Subsection (a) by
providing notice under Subsection (j). A county chair may elect to
perform any requirement under this section in lieu of the county
clerk by providing similar notice. The county clerk shall perform
all duties required under this section for each political party for
which the county chair has not submitted notice under this section.
(a-2) The county clerk shall receive direct repayment of an
actual expense incurred in connection with a joint election under
Section 173.0832.
(h-1) Except as provided by Subsection (a-1), in a joint
primary election held under this section, the county clerk shall:
(1) obtain voter registration lists from the voter
registrar of the county;
(2) provide training and compensation of election
clerks and judges;
(3) provide notice under Section 4.007;
(4) designate the location of the election day polling
places for the general primary election and any resulting runoff
election;
(5) procure and distribute all polling place supplies;
and
(6) perform duties relating to voting system and
electronic pollbook equipment, including tabulation of election
results.
(h-2) In a joint primary or resulting runoff election under
this section, the party shall:
(1) provide the list of names of the election judges
and clerks required under Subsection (c);
(2) participate in the appointment of the counting
station manager, the tabulation supervisor, and the assistants to
the tabulation supervisor; and
(3) as soon as practicable after the filing deadline,
or, for a runoff election, after the local canvass:
(A) direct the county clerk to the candidate
filing system on the secretary of state's Internet website to find
the candidates' names and offices as they are to appear on the
ballot; and
(B) submit a proposition that is to appear on the
ballot under Section 172.087 to the county clerk.
(j) A county chair may make the election under Subsection
(a-1) if the county chair gives notice in writing to the county
clerk and the secretary of state not later than the first day on
which a candidate may file an application for placement on a ballot
that:
(1) includes a certification that the county executive
committee has a county primary fund as required by Section 173.031;
(2) includes a list of the duties under Subsection
(h-1) that the county chair still wishes the county clerk to
perform;
(3) states whether the county executive committee will
compensate election workers; and
(4) includes a certification that the cost of the
party's primary election will not exceed an amount equivalent to
the projected cost of the joint primary election conducted by the
county clerk divided by the number of parties participating.
(k) Any cost incurred by the party in holding the primary
election in excess of the amount certified under Subsection (j)(4)
shall be paid from party funds, unless the secretary of state
approves the cost in advance.
SECTION 20. Section 173.031, Election Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), (e), and
(f) to read as follows:
(a) A county primary fund is created for each county
executive committee of a political party holding a primary election
if required by the state executive committee of the political
party.
(c) A state executive committee shall require a county
executive committee to have a county primary fund under Subsection
(a) if the county executive committee does not participate in a
joint primary under Section 172.126 or the county will otherwise
expend funds for administrative purposes.
(d) A state executive committee may by rule allow a county
executive committee that does not have a primary fund to accept
filing fees payable to the state party primary fund. The county
chair shall remit these funds to the state chair not later than five
days after the funds are accepted. If the state chair discovers that
a check made payable to the state party primary fund may not be
deposited due to insufficient funds, the state chair shall notify
the county chair, and the county chair shall notify the candidate
that the candidate's application for a place on the ballot has been
rejected.
(e) The state party shall account for each filing fee
accepted under Subsection (d) by listing in state party records:
(1) the county;
(2) the candidate's name;
(3) the office sought; and
(4) the amount of the accepted fee.
(f) The state party shall remit the total of the funds
accepted under Subsection (d) to the secretary of state within 10
days of the completion of the filing period.
SECTION 21. Section 173.0341(c), Election Code, is amended
to read as follows:
(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 22. Section 173.083, Election Code, is amended to
read as follows:
Sec. 173.083. STATE PAYMENT OF ESTIMATED PRIMARY EXPENSES.
(a) The amount of estimated primary election expenses payable with
state funds under this section is equal to:
(1) for a general primary election:
(A) if the county chair retains candidate filing
fees collected under Section 172.021, the difference obtained by
subtracting the sum of the filing fees and contributions reported
in the statement of estimated primary election expenses from the
total amount of estimated general primary expenses approved by the
secretary of state under Section 173.082; and
(B) if the county chair elects to forward
candidate filing fees collected under Section 172.021 pursuant to
Section 173.031(d), the difference obtained by subtracting the
contributions reported in the statement of estimated primary
election expenses from the total amount of estimated general
primary expenses approved by the secretary of state under Section
173.082; and
(2) for a runoff primary election, the total amount of
estimated runoff primary expenses approved by the secretary.
(b) State payment of the estimated primary election
expenses shall be made in installments as follows:
(1) the initial installment for the expenses of a
general primary is equal to the sum of three-fourths, or
three-fifths if the secretary of state determines that figure to be
more efficient, of the amount of estimated general primary expenses
not including estimates of election staff salaries payable with
state funds and the total estimated amount of election staff
salaries;
(2) the initial installment for the expenses of a
runoff primary is equal to the sum of three-fourths, or
three-fifths if the secretary of state determines that figure to be
more efficient, of the amount of estimated runoff primary expenses
not including estimates of election staff salaries payable with
state funds and the total estimated amount of election staff
salaries; and
(3) the final installment is equal to the difference
obtained by subtracting the total of the installments paid under
Subdivisions (1) and (2) from the total of the actual general and
runoff primary election expenses payable with state funds.
(c) After determining the amount of estimated primary
expenses to approve under Section 173.082 for a general or runoff
primary, the secretary of state shall calculate the amount of the
installment payable under Subsection (b)(1) or (2), as applicable.
The secretary shall then prepare and deliver to the comptroller of
public accounts a certified statement indicating the amount of the
installment, the total amount of estimated general or runoff
primary expenses payable with state funds, and the name of the
county election officer, county chair, or state chair who submitted
the statement of estimated primary election expenses.
(d) The final installment may not be paid until a report is
filed in compliance with Section 173.084 and, in the case of a
county chair, a report is also filed in compliance with Section
172.124. On the filing of the report, the secretary of state shall
calculate the amount of the final installment and prepare and
deliver to the comptroller of public accounts a certified statement
indicating that amount and the appropriate county election officer,
county chair, or state chair's name.
(e) On receipt of a certified statement under Subsection (c)
or (d), the comptroller of public accounts shall issue a warrant or
direct deposit in the certified amount of the installment payable
to the county election officer, county chair, or state chair
identified by the statement.
SECTION 23. This Act takes effect September 1, 2021.