88R2968 LRM-D
By: Meza H.B. No. 1112
A BILL TO BE ENTITLED
AN ACT
relating to preferential voting in a primary election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.069, Election Code, is amended to
read as follows:
Sec. 18.069. VOTING HISTORY. Not later than the 30th day
after the date of the primary[, runoff primary,] or general
election or any special election ordered by the governor, the
general custodian of election records shall electronically submit
to the secretary of state the record of each voter participating in
the election. The record must include a notation of whether the
voter voted on election day, voted early by personal appearance,
voted early by mail under Chapter 86, or voted early by mail under
Chapter 101.
SECTION 2. Section 31.093(c), Election Code, is 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 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.
SECTION 3. Section 32.091(c), Election Code, is amended to
read as follows:
(c) For a primary [or runoff primary] election, the minimum
hourly rate is the greater of the maximum rate provided by
Subsection (a) or, if the election officer attended a training
program as provided by Subchapter F, $7.
SECTION 4. Section 41.001(c), Election Code, is amended to
read as follows:
(c) Except for an election under Subsection (a) or Section
41.0011 or a runoff election following an election held under
Subsection (a)(2), an election may not be held within 30 days before
or after the date of the general election for state and county
officers or the[,] general primary election[, or runoff primary
election].
SECTION 5. 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) any election required to be conducted by the
county;
(2) any election held as part of a joint election
agreement with a county under Chapter 271;
(3) any election held under contract for election
services with a county under Subchapter D, Chapter 31;
(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 (3) or (4).
SECTION 6. Section 85.001(b), Election Code, is amended to
read as follows:
(b) For a special runoff election for the office of state
senator or state representative [or for a runoff primary election],
the period begins on the 10th day before election day.
SECTION 7. Section 85.062(b), Election Code, is amended to
read as follows:
(b) A polling place established under this section may be
located, subject to Subsection (d), at any place in the territory
served by the early voting clerk and may be located inside any
building as directed by the authority establishing the branch
office. The polling place may not be located in a movable structure
in the general election for state and county officers or the[,]
general primary election[, or runoff primary election]. Ropes or
other suitable objects may be used at the polling place to ensure
compliance with Section 62.004. Persons who are not expressly
permitted by law to be in a polling place shall be excluded from the
polling place to the extent practicable.
SECTION 8. Section 85.072(g), Election Code, is amended to
read as follows:
(g) The early voting clerk shall compile the registers and
electronically submit to the secretary of state a record of each
voter participating in a primary, [a runoff primary,] a general
election, or any special election ordered by the governor not later
than the day the voter votes in person or the early voting clerk
receives a ballot voted by mail.
SECTION 9. Sections 123.033(d) and (e), Election Code, are
amended to read as follows:
(d) A county is not required to provide a political party's
county 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 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.
SECTION 10. Section 142.006(a), Election Code, is amended
to read as follows:
(a) An application for a place on the ballot must be filed
not later than 5 p.m. of the 30th day after [runoff] primary
election day, except as provided by Section 202.007.
SECTION 11. Section 142.008, Election Code, is amended to
read as follows:
Sec. 142.008. STATEMENT ON PETITION. The following
statement must appear at the top of each page of a candidate's
petition: "I know the purpose of this petition. I have not voted in
the general primary election [or runoff primary election] of any
political party that has nominated, at either election, a candidate
for the office of (insert office title) for which (insert
candidate's name) is a candidate."
SECTION 12. Section 142.009, Election Code, is amended to
read as follows:
Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
signature on a candidate's petition is invalid if the signer:
(1) signed the petition on or before general primary
election day [or, if a runoff primary is held for the office sought
by the candidate, on or before runoff primary election day]; or
(2) voted in the general [or runoff] primary election
of a political party that made a nomination, at either primary, for
the office sought by the candidate.
SECTION 13. Section 162.004(c), Election Code, is amended
to read as follows:
(c) Subject to Subsection (a-1), if a voter is accepted to
vote without presenting a registration certificate, the presiding
judge shall issue the voter an affiliation certificate. [The
certificate is not required to be issued to a voter in a runoff
primary unless the voter requests it.] The affiliation certificate
may be combined with the notice provided under Section 172.1114. If
the combined form is used, an election officer is not required to
comply with Subsection (b).
SECTION 14. Section 162.005, Election Code, is amended to
read as follows:
Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.
Subject to Section 162.004(a-1), the early voting clerk in a
general primary election shall provide an affiliation certificate
with each early voting or limited ballot to be voted by mail. [The
certificate is not required to be provided to an applicant for a
runoff primary ballot unless the applicant requests it.]
SECTION 15. Section 163.004(a), Election Code, is amended
to read as follows:
(a) A political party's rules, including amendments to
rules, governing or affecting its general [or runoff] primary
elections, conventions held under this code, or nominees may be
adopted only by:
(1) a state convention; or
(2) the state executive committee as:
(A) a temporary rule, if adoption before the next
state convention is necessary; or
(B) a permanent rule, if the state executive
committee is expressly required or authorized by statute to adopt a
rule.
SECTION 16. Sections 171.022(a), (b), and (c), Election
Code, are amended to read as follows:
(a) A county executive committee consists of:
(1) a county chair, who is the presiding officer,
elected at the general primary election [by majority vote of the
qualified voters of the county who vote in the primary on that
office] or appointed by the county executive committee as provided
by this subchapter; and
(2) a precinct chair from each county election
precinct, elected at the general primary [by majority vote of the
qualified voters of the precinct who vote in the primary on that
office], subject to Section 171.0221, or appointed by the county
executive committee as provided by this subchapter.
(b) Except as provided by Subsection (d), if no candidate
receives a majority of the votes, a preferential voting system is
used [runoff] to determine the office [is conducted] in the same
manner as a preferential voting system is used [runoff primary
election] to determine a nomination for public office under Section
172.004. [The candidates to be in a runoff are determined in the
same manner as candidates in a runoff for a nomination.]
(c) Each committee member serves for a term of two years
beginning the 20th day after [runoff] primary election day.
SECTION 17. Section 172.004, Election Code, is amended to
read as follows:
Sec. 172.004. PREFERENTIAL VOTING IN [RUNOFF] PRIMARY
ELECTION. (a) If no candidate for nomination to a particular
office receives the vote required for nomination in the general
primary election, the votes of the candidate receiving the fewest
number of votes are reassigned to the candidate ranking next
highest in the preference of a voter [a runoff primary election
shall be held to determine the nomination].
(b) If after reassigning votes under Subsection (a) no
candidate receives a majority of the votes cast designating the
modified highest favorable ranking, the reassignment of a vote to a
voter's next most preferred candidate under Subsection (a)
continues until one candidate receives a majority.
(c) If two or more candidates tie for the least number of
votes before a reassignment of votes under Subsection (a) or (b),
the tied candidates shall cast lots to determine which candidate's
votes are reassigned.
(d) The secretary of state shall prescribe procedures to
provide for an election to be held under this chapter using a
preferential voting system. The system must allow a voter to rank
each candidate through a numerical designation from the candidate
the voter favors most to the candidate the voter favors least [The
candidates in a runoff for a nomination shall be determined and a
tie vote in a runoff resolved as provided by Subchapter B, Chapter
2, for a runoff for an election to office].
SECTION 18. Section 172.061(a), Election Code, is amended
to read as follows:
(a) Except for Section [Sections] 172.058(b), [172.059(c),
and 172.060(b),] this subchapter applies to a candidate for county
chair or precinct chair.
SECTION 19. Section 172.117(a-2), Election Code, is amended
to read as follows:
(a-2) The county chair shall update the notations after each
general primary [and runoff primary] election, unless the secretary
of state's Internet website automatically updates the notations
based on election returns. After any withdrawal or death of a
candidate, and subsequent replacement of the candidate on the
ballot, the chair shall notify the state chair, who shall update the
notation on the website. All notations must be completed and
accurate on the date prescribed by the secretary of state by rule to
ensure that an authority printing general election ballots may rely
on the information.
SECTION 20. Section 172.126(a), Election Code, is amended
to read as follows:
(a) The primary elections in a county 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.
SECTION 21. Section 172.127(b), Election Code, is amended
to read as follows:
(b) The presiding judge or alternate presiding judge for the
precinct may post signs at a polling place for a primary election
[or a primary runoff election] that:
(1) identify the names of, or symbols representing,
any political parties holding an election at the polling place; and
(2) do not refer to a candidate or measure on the
ballot.
SECTION 22. Sections 173.083(a), (b), and (c), Election
Code, are amended to read as follows:
(a) The amount of estimated primary election expenses
payable with state funds under this section is equal to[:
[(1) for a general primary election,] 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
[(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 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 payable with state
funds; and
(2) [the initial installment for the expenses of a
runoff primary is equal to 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 payable with state
funds; and
[(3)] the final installment is equal to the difference
obtained by subtracting the total of the installment [installments]
paid under Subdivision [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 or state chair who submitted the statement of
estimated primary election expenses.
SECTION 23. Sections 173.0833(a) and (b), Election Code,
are amended to read as follows:
(a) This section applies to election services and materials
provided by a vendor for use in a primary election [or primary
runoff election], including:
(1) the printing of paper ballot material containing
candidates' names used in a polling place;
(2) the programming and testing of voting system
equipment, including ballot layout, programming of equipment, and
audio production;
(3) site support or technical support other than the
programming or testing of voting system equipment;
(4) nonballot election materials used in a precinct on
election day, including election kits, required party stamps,
distance signs, and required forms; and
(5) the rental of non-county-owned electronic voting
system equipment, including media components.
(b) A vendor providing election services or materials to a
county chair or a county election officer contracting with a county
chair for a primary [or runoff primary] election shall directly
bill the secretary of state for the cost of the services or
materials used on election day for which state funding is available
under this chapter.
SECTION 24. Sections 173.084(a) and (b), Election Code, are
amended to read as follows:
(a) Regardless of whether state funds are requested for
paying primary expenses, each county chair and state chair shall
prepare a report that includes:
(1) an itemized list of the actual expenses incurred
in connection with the primary election [general and runoff
primaries] by the authority preparing the report and by the
executive committee over which the authority presides;
(2) the amount of the primary candidates' filing fees
required to be deposited in the county primary fund if the report is
by a county chair, or in the state primary fund if the report is by
the state chair;
(3) the amount of filing fees that have been refunded;
(4) the amount of the contributions to the executive
committee over which the authority preparing the report presides
that:
(A) are for the purpose of defraying primary
election expenses; and
(B) have not been included in a report filed
under this section for a previous primary election year; and
(5) the balance in the county primary fund if the
report is by a county chair, or in the state primary fund if the
report is by the state chair, that remains after deducting the
primary election expenses actually incurred and the refunded filing
fees.
(b) The authority preparing the report shall file it with
the secretary of state not later than August 31 following the
[applicable] primary election[, in the case of the county chair's
report, or if no runoff primary is held for a statewide or district
office, in the case of the state chair's report].
SECTION 25. Section 202.007(a), Election Code, is amended
to read as follows:
(a) If a vacancy occurs after [runoff] primary election day,
an independent candidate for the unexpired term must file the
application for a place on the ballot not later than 5 p.m. of the
30th day after the date the vacancy occurs or 5 p.m. of the 70th day
before general election day, whichever is earlier.
SECTION 26. Section 232.008(c), Election Code, is amended
to read as follows:
(c) A contestant must file the petition not later than the
later of the 15th day after the date the election records are
publicly available under Section 1.012 or the official result is
determined in a contest of:
(1) a primary [or runoff primary] election; or
(2) a general or special election for which a runoff is
necessary according to the official result or will be necessary if
the contestant prevails.
SECTION 27. Section 232.048(a), Election Code, is amended
to read as follows:
(a) If no candidate receives a majority vote in a new
election ordered by a court in the contest of an election in which a
majority vote is required, a runoff election shall be held[:
[(1) for a primary election contest, on the date set by
the district court in which the contest was heard, except as
provided by Subsection (c); or
[(2) for a contest of a general or special election,]
on the date set by the authority responsible for ordering the runoff
election.
SECTION 28. Section 255.002(a), Election Code, is amended
to read as follows:
(a) The rate charged for political advertising by a radio or
television station may not exceed:
(1) during the 45 days preceding a general [or runoff]
primary election and during the 60 days preceding a general or
special election, the broadcaster's lowest unit charge for
advertising of the same class, for the same time, and for the same
period; or
(2) at any time other than that specified by
Subdivision (1), the amount charged other users for comparable use
of the station.
SECTION 29. The following provisions of the Election Code
are repealed:
(1) Section 41.007(b);
(2) Section 172.058(c);
(3) Section 172.059;
(4) Section 172.060;
(5) Section 172.061(b);
(6) Section 172.084;
(7) Section 172.120(b-1);
(8) Section 172.121;
(9) Section 172.125; and
(10) Section 173.081(e).
SECTION 30. The changes in law made by this Act apply only
to an election ordered on or after September 1, 2023.
SECTION 31. This Act takes effect September 1, 2023.