Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB82 Compare Versions

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

Old	New	Differences
1	1	87S20506 MLH-F
2	2	By: Hall S.B. No. 82
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the practices and procedures of federal elections.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.002(a), Election Code, is amended to
10	10	read as follows:
11	11	(a) This code applies to all general, special, federal, and
12	12	primary elections held in this state.
13	13	SECTION 2. Section 1.005, Election Code, is amended by
14	14	amending Subdivisions (4-a), (7), (14), and (19) and adding
15	15	Subdivisions (4-b) and (4-c) to read as follows:
16	16	(4-a) "Federal election" means a primary or general
17	17	election for a federal office or a resulting runoff election.
18	18	(4-b) "Federal judge" means:
19	19	(A) a judge, former judge, or retired judge of a
20	20	United States court of appeals;
21	21	(B) a judge, former judge, or retired judge of a
22	22	United States district court;
23	23	(C) a judge, former judge, or retired judge of a
24	24	United States bankruptcy court; or
25	25	(D) a magistrate judge, former magistrate judge,
26	26	or retired magistrate judge of a United States district court.
27	27	(4-c) "Federal office" means the offices of United
28	28	States senator, United States representative, or electors for
29	29	president and vice president of the United States.
30	30	(7) "General election for state and county officers"
31	31	means the general election at which officers of the [federal,]
32	32	state[,] and county governments are elected.
33	33	(14) "Primary election" means an election held by a
34	34	political party under Chapter 172 to select its nominees for public
35	35	office, and, unless the context indicates otherwise, the term
36	36	includes a [presidential] primary election for a federal office.
37	37	(19) "Statewide office" means an office of the
38	38	[federal or] state government that is voted on statewide.
39	39	SECTION 3. Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and
40	40	20, Election Code, are designated as Subtitle A, Title 2, Election
41	41	Code, and a heading is added to Subtitle A to read as follows:
42	42	SUBTITLE A. GENERAL REQUIREMENTS
43	43	SECTION 4. Section 11.002(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) In this code, "qualified voter" means a person who:
46	46	(1) is 18 years of age or older;
47	47	(2) is a United States citizen;
48	48	(3) has not been determined by a final judgment of a
49	49	court exercising probate jurisdiction to be:
50	50	(A) totally mentally incapacitated; or
51	51	(B) partially mentally incapacitated without the
52	52	right to vote;
53	53	(4) has not been finally convicted of a felony or, if
54	54	so convicted, has:
55	55	(A) fully discharged the person's sentence,
56	56	including any term of incarceration, parole, or supervision, or
57	57	completed a period of probation ordered by any court; or
58	58	(B) been pardoned or otherwise released from the
59	59	resulting disability to vote;
60	60	(5) is a resident of this state; and
61	61	(6) is a registered voter under this subtitle.
62	62	SECTION 5. Section 15.003(a), Election Code, is amended to
63	63	read as follows:
64	64	(a) On receipt of a voter registration certificate issued
65	65	under this subtitle [title], the person to whom the certificate is
66	66	issued must personally sign it in the appropriate space.
67	67	SECTION 6. Title 2, Election Code, is amended by adding
68	68	Subtitle B to read as follows:
69	69	SUBTITLE B. FEDERAL ELECTIONS
70	70	CHAPTER 21. GENERAL PROVISIONS
71	71	Sec. 21.001. DEFINITIONS. In this subtitle:
72	72	(1) "Federal ballot" means a ballot that only lists
73	73	elections and candidates for federal office.
74	74	(2) "State election" means an election that is not a
75	75	federal election.
76	76	Sec. 21.002. FEDERAL ELECTIONS SEPARATE. (a)
77	77	Notwithstanding other law, a federal election is a separate
78	78	election from any other election in this state.
79	79	(b) A federal election under this subtitle may not list on
80	80	the federal ballot any proposition or election for state or county
81	81	office.
82	82	(c) To the extent feasible, a federal election and a state
83	83	election shall be held separately and concurrently using the same
84	84	precincts and polling locations.
85	85	Sec. 21.003. RULES. (a) The secretary of state shall adopt
86	86	rules to enact this subtitle.
87	87	(b) The rules adopted under this section must reduce voter
88	88	disruption and confusion to the greatest extent possible, including
89	89	by using the same area in which voters are being accepted for voting
90	90	and the same voting stations for state and federal elections.
91	91	CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS
92	92	Sec. 22.001. DEFINITION. In this chapter, "military
93	93	service voter" means:
94	94	(1) a member of the armed forces of the United States;
95	95	(2) a member of the merchant marine of the United
96	96	States;
97	97	(3) a member of the Texas National Guard;
98	98	(4) a member of the National Guard of another state
99	99	serving on active duty under an order of the president of the United
100	100	States;
101	101	(5) a member of a reserve component of the armed forces
102	102	of the United States serving on active duty under an order of the
103	103	president of the United States or activated on state orders; or
104	104	(6) a spouse or dependent of a member of a military
105	105	organization listed in Subdivisions (1) through (5).
106	106	Sec. 22.002. ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To
107	107	be eligible to vote in a federal election in this state, a person
108	108	must:
109	109	(1) be a qualified voter as defined by Section 11.002
110	110	on the day the person offers to vote; or
111	111	(2) meet all requirements for voter eligibility under
112	112	federal law and:
113	113	(A) meet all of the requirements to be a
114	114	qualified voter under Section 11.002 except the requirement under
115	115	Section 11.002(a)(6) that the person be a registered voter under
116	116	Subtitle A, and be:
117	117	(i) a military service voter; or
118	118	(ii) domiciled in this state but
119	119	temporarily living outside the territorial limits of the United
120	120	States and the District of Columbia; or
121	121	(B) be unable to complete the registration
122	122	requirements under Subtitle A.
123	123	Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) The
124	124	secretary of state shall create and maintain a procedure by which a
125	125	person eligible under Section 22.002 may submit an application to
126	126	register to vote under this subtitle. The procedure under this
127	127	section must comply with all federal laws for voter registration.
128	128	(b) A person who submits an application for registration
129	129	under Chapter 13 that does not comply with all requirements under
130	130	Subtitle A but does comply with all requirements under federal law
131	131	shall be registered to vote under this subtitle.
132	132	(c) A person registered to vote under Subsection (b) who
133	133	submits an application for registration under Chapter 13 that is
134	134	accepted becomes registered to vote under Subtitle A.
135	135	CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS
136	136	Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority
137	137	preparing a ballot for a concurrent federal and state election
138	138	shall prepare a separate federal ballot for voters registered under
139	139	this subtitle.
140	140	Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.
141	141	(a) A voter registered to vote under Subtitle A may vote a full
142	142	ballot containing propositions and candidates for office in state
143	143	and federal elections.
144	144	(b) A voter registered to vote under this subtitle may only
145	145	vote a federal ballot.
146	146	Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and
147	147	reporting procedures for a state election shall be conducted under
148	148	the provisions of this code.
149	149	(b) To the extent possible, voting, tabulation, and
150	150	reporting procedures for a federal election shall be conducted
151	151	under the provisions of this code.
152	152	(c) To the extent that federal law conflicts with a
153	153	provision of this code, voting, tabulation, and reporting
154	154	procedures for a federal election shall be conducted under the
155	155	provisions of the applicable federal law.
156	156	SECTION 7. Subchapter A, Chapter 41, Election Code, is
157	157	amended by adding Section 41.003 to read as follows:
158	158	Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a)
159	159	The general election for federal officers shall be held on the first
160	160	Tuesday after the first Monday in November in even-numbered years.
161	161	(b) To the extent feasible, the general election for federal
162	162	officers shall be held concurrently with the general election for
163	163	state and county officers.
164	164	SECTION 8. The heading to Section 41.007, Election Code, is
165	165	amended to read as follows:
166	166	Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY
167	167	OFFICERS.
168	168	SECTION 9. Sections 41.007(a) and (d), Election Code, are
169	169	amended to read as follows:
170	170	(a) The general primary election date for state and county
171	171	officers is the first Tuesday in March in each even-numbered year.
172	172	(d) No [other] election other than a primary election for
173	173	federal officers may be held on the date of a primary election.
174	174	SECTION 10. Subchapter A, Chapter 41, Election Code, is
175	175	amended by adding Section 41.0075 to read as follows:
176	176	Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a)
177	177	The primary election date for federal officers is the first Tuesday
178	178	in March in each even-numbered year.
179	179	(b) The runoff primary election date for federal officers is
180	180	the fourth Tuesday in May following the primary election for
181	181	federal officers.
182	182	(c) The presidential primary election date is the first
183	183	Tuesday in March in each presidential election year.
184	184	(d) To the extent feasible, the primary election for federal
185	185	officers shall be held concurrently with the primary election for
186	186	state and county officers.
187	187	SECTION 11. Section 42.002(a), Election Code, is amended to
188	188	read as follows:
189	189	(a) The county election precincts are the election
190	190	precincts for the following elections:
191	191	(1) the general election for state and county
192	192	officers;
193	193	(2) a special election ordered by the governor;
194	194	(3) a primary election;
195	195	(4) a countywide election ordered by the commissioners
196	196	court, county judge, or other county authority, except an election
197	197	subject to Section 42.062(2); [and]
198	198	(5) a federal election; and
199	199	(6) as provided by Section 42.0621, any other election
200	200	held by a political subdivision on a uniform election date.
201	201	SECTION 12. Section 67.010(a), Election Code, is amended to
202	202	read as follows:
203	203	(a) The county election returns for an election for a
204	204	statewide office other than governor or lieutenant governor, a
205	205	statewide measure, a district office, or a federal office
206	206	[president and vice-president of the United States] shall be
207	207	canvassed by the governor.
208	208	SECTION 13. Section 84.014, Election Code, is amended to
209	209	read as follows:
210	210	Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
211	211	APPLICATIONS. If an applicant provides a date of birth, driver's
212	212	license number, or social security number on the applicant's
213	213	application for an early voting ballot to be voted by mail that is
214	214	different from or in addition to the information maintained by the
215	215	voter registrar in accordance with Subtitle A, Title 2, the early
216	216	voting clerk shall notify the voter registrar. The voter registrar
217	217	shall update the voter's record with the information provided by
218	218	the applicant.
219	219	SECTION 14. Section 101.052, Election Code, is amended by
220	220	amending Subsections (e), (f), and (j) and adding Subsection (n) to
221	221	read as follows:
222	222	(e) An applicant who otherwise complies with applicable
223	223	requirements is entitled to receive a full ballot to be voted by
224	224	mail under this chapter if:
225	225	(1) the applicant submits a federal postcard
226	226	application to the early voting clerk on or before the 20th day
227	227	before election day; and
228	228	(2) the application contains the information that is
229	229	required for registration under Subtitle A, Title 2.
230	230	(f) The applicant is entitled to receive only a federal
231	231	ballot to be voted by mail under Chapter 114 if:
232	232	(1) the applicant submits the federal postcard
233	233	application to the early voting clerk after the date provided by
234	234	Subsection (e)(1) and before the deadline for submitting a regular
235	235	application for a ballot to be voted by mail; and
236	236	(2) the application contains the information that is
237	237	required for registration under Subtitle A, Title 2.
238	238	(j) If the early voting clerk determines that an application
239	239	that is submitted before the time prescribed by Subsection (e)(1)
240	240	does not contain the information that is required for registration
241	241	under Subtitle A, Title 2, the clerk shall notify the applicant of
242	242	that fact. If the applicant has provided a telephone number or an
243	243	address for receiving mail over the Internet, the clerk shall
244	244	notify the applicant by that medium.
245	245	(n) A federal postcard application that does not meet the
246	246	requirements of Subtitle A, Title 2, may still constitute
247	247	registration for federal elections if the federal postcard
248	248	application meets the requirements of Subtitle B, Title 2.
249	249	SECTION 15. Section 101.053(b), Election Code, is amended
250	250	to read as follows:
251	251	(b) If an applicant provides a date of birth, driver's
252	252	license number, or social security number on the applicant's
253	253	federal postcard application that is different from or in addition
254	254	to the information maintained by the voter registrar in accordance
255	255	with Subtitle A, Title 2, the early voting clerk shall notify the
256	256	voter registrar. The voter registrar shall update the voter's
257	257	record with the information provided by the applicant.
258	258	SECTION 16. Section 101.055, Election Code, is amended by
259	259	amending Subsection (a) and adding Subsection (a-1) to read as
260	260	follows:
261	261	(a) The submission of a federal postcard application that
262	262	complies with the [applicable] requirements of Subtitle A, Title 2,
263	263	by an unregistered applicant constitutes registration by the
264	264	applicant:
265	265	(1) for the purpose of voting in the election for state
266	266	and county officers for which a ballot is requested; and
267	267	(2) under Subtitle A, Title 2, if the federal postcard
268	268	application complies with the requirements under that subtitle,
269	269	unless the person indicates on the application that the person is
270	270	residing outside the United States indefinitely.
271	271	(a-1) The submission of a federal postcard application that
272	272	complies with the requirements of Subtitle B, Title 2, by an
273	273	unregistered applicant constitutes registration by the applicant:
274	274	(1) for the purpose of voting in the election for
275	275	federal officers for which a ballot is requested; and
276	276	(2) under Subtitle B, Title 2, if the federal postcard
277	277	application complies with the requirements under that subtitle,
278	278	unless the person indicates on the application that the person is
279	279	residing outside the United States indefinitely.
280	280	SECTION 17. Section 142.005, Election Code, is amended to
281	281	read as follows:
282	282	Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An
283	283	application for a place on the ballot must be filed with:
284	284	(1) the secretary of state, for a federal, statewide,
285	285	or district office; or
286	286	(2) the county judge, for a county or precinct office.
287	287	SECTION 18. Section 145.033, Election Code, is amended to
288	288	read as follows:
289	289	Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.
290	290	A candidate must file a withdrawal request with:
291	291	(1) the secretary of state, for a federal, statewide,
292	292	or district office; or
293	293	(2) the authority responsible for having the official
294	294	ballot prepared, for a county or precinct office.
295	295	SECTION 19. Section 145.037(d), Election Code, is amended
296	296	to read as follows:
297	297	(d) The chair must deliver the certification to:
298	298	(1) the secretary of state, for a federal, statewide,
299	299	or district office; or
300	300	(2) the authority responsible for having the official
301	301	ballot prepared, for a county or precinct office.
302	302	SECTION 20. Section 146.024, Election Code, is amended to
303	303	read as follows:
304	304	Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A
305	305	declaration of write-in candidacy must be filed with:
306	306	(1) the secretary of state, for a federal, statewide,
307	307	or district office; or
308	308	(2) the county judge, for a county or precinct office.
309	309	SECTION 21. Section 161.008(a), Election Code, is amended
310	310	to read as follows:
311	311	(a) Except as provided by Subsection (c), the secretary of
312	312	state shall certify in writing for placement on the general
313	313	election ballot the name of each candidate nominated at a primary
314	314	election or convention of a political party for a federal,
315	315	statewide, or district office.
316	316	SECTION 22. Section 163.006(d), Election Code, is amended
317	317	to read as follows:
318	318	(d) Before January 15 of each year in which political
319	319	parties hold precinct conventions under this title, the secretary
320	320	of state shall deliver written notice of the requirements of this
321	321	section to the state chair of each party that had a nominee for a
322	322	federal, statewide, or district office on the most recent general
323	323	election ballot.
324	324	SECTION 23. Section 172.059(b), Election Code, is amended
325	325	to read as follows:
326	326	(b) A withdrawal request for the runoff primary must be
327	327	filed with the state chair, for a federal, statewide, or district
328	328	office, or with the county chair, for a county or precinct office.
329	329	SECTION 24. Section 172.121(a), Election Code, is amended
330	330	to read as follows:
331	331	(a) The state chair shall certify on the secretary of
332	332	state's website for placement on the runoff primary election ballot
333	333	the name of each general primary candidate for a federal,
334	334	statewide, or district office who is to be a candidate in the
335	335	runoff.
336	336	SECTION 25. Section 172.122(a), Election Code, is amended
337	337	to read as follows:
338	338	(a) The state chair shall certify by posting on the
339	339	secretary of state's website the name and address of each primary
340	340	candidate who is nominated for a federal, statewide, or district
341	341	office. The state chair shall execute and file digitally with the
342	342	secretary of state an affidavit certifying that the returns posted
343	343	on the secretary of state's website are the correct and complete
344	344	returns. The secretary of state shall adopt by rule a process to
345	345	allow the chair to submit the affidavit digitally.
346	346	SECTION 26. Section 173.063, Election Code, is amended to
347	347	read as follows:
348	348	Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair
349	349	shall deposit in the state primary fund each filing fee
350	350	accompanying an application for a place on the ballot filed with the
351	351	state chair:
352	352	(1) for a federal office;
353	353	(1-a) for a statewide office; or
354	354	(2) for a district office if the application is filed
355	355	after the regular filing deadline.
356	356	SECTION 27. Section 181.0311(a), Election Code, as
357	357	effective September 1, 2021, is amended to read as follows:
358	358	(a) In addition to any other requirements, to be considered
359	359	for nomination by convention, a candidate must:
360	360	(1) pay a filing fee to the secretary of state for a
361	361	federal, statewide, or district office or the county judge for a
362	362	county or precinct office; or
363	363	(2) submit to the secretary of state for a federal,
364	364	statewide, or district office or the county judge for a county or
365	365	precinct office a petition in lieu of a filing fee that satisfies
366	366	the requirements prescribed by Subsection (e) and Section 141.062.
367	367	SECTION 28. Section 181.032(a), Election Code, is amended
368	368	to read as follows:
369	369	(a) An application for nomination by a convention must be
370	370	filed with:
371	371	(1) the state chair, for a federal, statewide, or
372	372	district office; or
373	373	(2) the county chair, for a county or precinct office.
374	374	SECTION 29. Section 181.068(b), Election Code, is amended
375	375	to read as follows:
376	376	(b) Not later than the 20th day after the date of the
377	377	convention making the nomination, the presiding officer shall
378	378	deliver the certification to:
379	379	(1) the authority responsible for having the official
380	380	general election ballot prepared in the county, for certification
381	381	of a county or precinct office; or
382	382	(2) the secretary of state, for certification of a
383	383	federal, statewide, or district office.
384	384	SECTION 30. Sections 231.008(b) and (c), Election Code, are
385	385	amended to read as follows:
386	386	(b) If the judgment in a contest for an office affects the
387	387	preparation of the ballot for a succeeding election, the clerk
388	388	shall deliver a copy to the authority responsible for having the
389	389	official ballot prepared or, in the case of a federal, statewide, or
390	390	district office, to the authority responsible for certifying the
391	391	names of the candidates for placement on the ballot.
392	392	(c) If the judgment orders that a new general or special
393	393	election be held, the clerk shall deliver a copy to the authority
394	394	responsible for ordering the election. If the judgment orders a new
395	395	primary election, the clerk shall deliver a copy to the state chair
396	396	of the appropriate political party, in the case of a federal,
397	397	statewide, or district office, or to the county chair, in the case
398	398	of a county or precinct office.
399	399	SECTION 31. Section 232.013(d), Election Code, is amended
400	400	to read as follows:
401	401	(d) If the contested election is a primary, the district
402	402	clerk shall deliver a certified copy of the order setting the date
403	403	of the runoff to the state chair of the political party in the case
404	404	of a federal, statewide, or district office or to the county chair
405	405	in the case of a county or precinct office.
406	406	SECTION 32. Section 232.048(c), Election Code, is amended
407	407	to read as follows:
408	408	(c) The candidate receiving the most votes in a new election
409	409	ordered by a court in a primary election contest is the political
410	410	party's nominee, regardless of whether the candidate receives a
411	411	majority vote, if the date of the final canvass of the court-ordered
412	412	primary is on or after:
413	413	(1) the 85th day before the date of the succeeding
414	414	general election in the case of a federal, statewide, or district
415	415	office; or
416	416	(2) the 75th day before the date of the succeeding
417	417	general election in the case of a county or precinct office.
418	418	SECTION 33. Section 252.005, Election Code, is amended to
419	419	read as follows:
420	420	Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
421	421	CANDIDATE. An individual must file a campaign treasurer appointment
422	422	for the individual's own candidacy with:
423	423	(1) the commission, if the appointment is made for
424	424	candidacy for:
425	425	(A) a federal office;
426	426	(A-1) a statewide office;
427	427	(B) a district office filled by voters of more
428	428	than one county;
429	429	(C) a judicial district office filled by voters
430	430	of only one county;
431	431	(D) state senator;
432	432	(E) state representative; or
433	433	(F) the State Board of Education;
434	434	(2) the county clerk, if the appointment is made for
435	435	candidacy for a county office, a precinct office, or a district
436	436	office other than one included in Subdivision (1);
437	437	(3) the clerk or secretary of the governing body of the
438	438	political subdivision or, if the political subdivision has no clerk
439	439	or secretary, with the governing body's presiding officer, if the
440	440	appointment is made for candidacy for an office of a political
441	441	subdivision other than a county;
442	442	(4) the county clerk if:
443	443	(A) the appointment is made for candidacy for an
444	444	office of a political subdivision other than a county;
445	445	(B) the governing body for the political
446	446	subdivision has not been formed; and
447	447	(C) no boundary of the political subdivision
448	448	crosses a boundary of the county; or
449	449	(5) the commission if:
450	450	(A) the appointment is made for candidacy for an
451	451	office of a political subdivision other than a county;
452	452	(B) the governing body for the political
453	453	subdivision has not been formed; and
454	454	(C) the political subdivision is situated in more
455	455	than one county.
456	456	SECTION 34. Section 41.007(c), Election Code, is repealed.
457	457	SECTION 35. (a) Except as otherwise provided by this
458	458	section, this Act takes effect on the 91st day after the last day of
459	459	the legislative session.
460	460	(b) This Act takes effect only if the United States Congress
461	461	enacts legislation that becomes law that preempts state law
462	462	regarding the registration of voters or conduct of elections. If
463	463	the United States Congress does not enact legislation that becomes
464	464	law described by this subsection, this Act has no effect.