Texas 2023 - 88th Regular

Texas House Bill HB1112 Compare Versions

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1	1	88R2968 LRM-D
2	2	By: Meza H.B. No. 1112
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to preferential voting in a primary election.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 18.069, Election Code, is amended to
10	10	read as follows:
11	11	Sec. 18.069. VOTING HISTORY. Not later than the 30th day
12	12	after the date of the primary[, runoff primary,] or general
13	13	election or any special election ordered by the governor, the
14	14	general custodian of election records shall electronically submit
15	15	to the secretary of state the record of each voter participating in
16	16	the election. The record must include a notation of whether the
17	17	voter voted on election day, voted early by personal appearance,
18	18	voted early by mail under Chapter 86, or voted early by mail under
19	19	Chapter 101.
20	20	SECTION 2. Section 31.093(c), Election Code, is amended to
21	21	read as follows:
22	22	(c) On request of the county chair of a political party
23	23	holding a primary election in the county, the county election
24	24	officer shall contract with the county executive committee of the
25	25	party to perform election services, as provided by this subchapter,
26	26	in the party's general primary election [and runoff primary
27	27	election] in accordance with a cost schedule agreed on by the
28	28	contracting parties.
29	29	SECTION 3. Section 32.091(c), Election Code, is amended to
30	30	read as follows:
31	31	(c) For a primary [or runoff primary] election, the minimum
32	32	hourly rate is the greater of the maximum rate provided by
33	33	Subsection (a) or, if the election officer attended a training
34	34	program as provided by Subchapter F, $7.
35	35	SECTION 4. Section 41.001(c), Election Code, is amended to
36	36	read as follows:
37	37	(c) Except for an election under Subsection (a) or Section
38	38	41.0011 or a runoff election following an election held under
39	39	Subsection (a)(2), an election may not be held within 30 days before
40	40	or after the date of the general election for state and county
41	41	officers or the[,] general primary election[, or runoff primary
42	42	election].
43	43	SECTION 5. Section 43.007(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) The secretary of state shall implement a program to
46	46	allow each commissioners court participating in the program to
47	47	eliminate county election precinct polling places and establish
48	48	countywide polling places for:
49	49	(1) any election required to be conducted by the
50	50	county;
51	51	(2) any election held as part of a joint election
52	52	agreement with a county under Chapter 271;
53	53	(3) any election held under contract for election
54	54	services with a county under Subchapter D, Chapter 31;
55	55	(4) each primary election [and runoff primary
56	56	election] if:
57	57	(A) the county chair or county executive
58	58	committee of each political party participating in a joint primary
59	59	election under Section 172.126 agrees to the use of countywide
60	60	polling places; or
61	61	(B) the county chair or county executive
62	62	committee of each political party required to nominate candidates
63	63	by primary election agrees to use the same countywide polling
64	64	places; and
65	65	(5) each election of a political subdivision located
66	66	in the county that is held jointly with an election described by
67	67	Subdivision (3) or (4).
68	68	SECTION 6. Section 85.001(b), Election Code, is amended to
69	69	read as follows:
70	70	(b) For a special runoff election for the office of state
71	71	senator or state representative [or for a runoff primary election],
72	72	the period begins on the 10th day before election day.
73	73	SECTION 7. Section 85.062(b), Election Code, is amended to
74	74	read as follows:
75	75	(b) A polling place established under this section may be
76	76	located, subject to Subsection (d), at any place in the territory
77	77	served by the early voting clerk and may be located inside any
78	78	building as directed by the authority establishing the branch
79	79	office. The polling place may not be located in a movable structure
80	80	in the general election for state and county officers or the[,]
81	81	general primary election[, or runoff primary election]. Ropes or
82	82	other suitable objects may be used at the polling place to ensure
83	83	compliance with Section 62.004. Persons who are not expressly
84	84	permitted by law to be in a polling place shall be excluded from the
85	85	polling place to the extent practicable.
86	86	SECTION 8. Section 85.072(g), Election Code, is amended to
87	87	read as follows:
88	88	(g) The early voting clerk shall compile the registers and
89	89	electronically submit to the secretary of state a record of each
90	90	voter participating in a primary, [a runoff primary,] a general
91	91	election, or any special election ordered by the governor not later
92	92	than the day the voter votes in person or the early voting clerk
93	93	receives a ballot voted by mail.
94	94	SECTION 9. Sections 123.033(d) and (e), Election Code, are
95	95	amended to read as follows:
96	96	(d) A county is not required to provide a political party's
97	97	county executive committee with equipment for use in an election
98	98	precinct in which fewer than 100 votes were cast in the political
99	99	party's most recent general [or runoff] primary.
100	100	(e) The maximum amount that may be charged for leasing
101	101	equipment to a county executive committee for a general [or runoff]
102	102	primary is:
103	103	(1) $5 for each unit of electronic voting system
104	104	equipment installed at a polling place; and
105	105	(2) $5 for each unit of other equipment not specified
106	106	by this subsection.
107	107	SECTION 10. Section 142.006(a), Election Code, is amended
108	108	to read as follows:
109	109	(a) An application for a place on the ballot must be filed
110	110	not later than 5 p.m. of the 30th day after [runoff] primary
111	111	election day, except as provided by Section 202.007.
112	112	SECTION 11. Section 142.008, Election Code, is amended to
113	113	read as follows:
114	114	Sec. 142.008. STATEMENT ON PETITION. The following
115	115	statement must appear at the top of each page of a candidate's
116	116	petition: "I know the purpose of this petition. I have not voted in
117	117	the general primary election [or runoff primary election] of any
118	118	political party that has nominated, at either election, a candidate
119	119	for the office of (insert office title) for which (insert
120	120	candidate's name) is a candidate."
121	121	SECTION 12. Section 142.009, Election Code, is amended to
122	122	read as follows:
123	123	Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A
124	124	signature on a candidate's petition is invalid if the signer:
125	125	(1) signed the petition on or before general primary
126	126	election day [or, if a runoff primary is held for the office sought
127	127	by the candidate, on or before runoff primary election day]; or
128	128	(2) voted in the general [or runoff] primary election
129	129	of a political party that made a nomination, at either primary, for
130	130	the office sought by the candidate.
131	131	SECTION 13. Section 162.004(c), Election Code, is amended
132	132	to read as follows:
133	133	(c) Subject to Subsection (a-1), if a voter is accepted to
134	134	vote without presenting a registration certificate, the presiding
135	135	judge shall issue the voter an affiliation certificate. [The
136	136	certificate is not required to be issued to a voter in a runoff
137	137	primary unless the voter requests it.] The affiliation certificate
138	138	may be combined with the notice provided under Section 172.1114. If
139	139	the combined form is used, an election officer is not required to
140	140	comply with Subsection (b).
141	141	SECTION 14. Section 162.005, Election Code, is amended to
142	142	read as follows:
143	143	Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.
144	144	Subject to Section 162.004(a-1), the early voting clerk in a
145	145	general primary election shall provide an affiliation certificate
146	146	with each early voting or limited ballot to be voted by mail. [The
147	147	certificate is not required to be provided to an applicant for a
148	148	runoff primary ballot unless the applicant requests it.]
149	149	SECTION 15. Section 163.004(a), Election Code, is amended
150	150	to read as follows:
151	151	(a) A political party's rules, including amendments to
152	152	rules, governing or affecting its general [or runoff] primary
153	153	elections, conventions held under this code, or nominees may be
154	154	adopted only by:
155	155	(1) a state convention; or
156	156	(2) the state executive committee as:
157	157	(A) a temporary rule, if adoption before the next
158	158	state convention is necessary; or
159	159	(B) a permanent rule, if the state executive
160	160	committee is expressly required or authorized by statute to adopt a
161	161	rule.
162	162	SECTION 16. Sections 171.022(a), (b), and (c), Election
163	163	Code, are amended to read as follows:
164	164	(a) A county executive committee consists of:
165	165	(1) a county chair, who is the presiding officer,
166	166	elected at the general primary election [by majority vote of the
167	167	qualified voters of the county who vote in the primary on that
168	168	office] or appointed by the county executive committee as provided
169	169	by this subchapter; and
170	170	(2) a precinct chair from each county election
171	171	precinct, elected at the general primary [by majority vote of the
172	172	qualified voters of the precinct who vote in the primary on that
173	173	office], subject to Section 171.0221, or appointed by the county
174	174	executive committee as provided by this subchapter.
175	175	(b) Except as provided by Subsection (d), if no candidate
176	176	receives a majority of the votes, a preferential voting system is
177	177	used [runoff] to determine the office [is conducted] in the same
178	178	manner as a preferential voting system is used [runoff primary
179	179	election] to determine a nomination for public office under Section
180	180	172.004. [The candidates to be in a runoff are determined in the
181	181	same manner as candidates in a runoff for a nomination.]
182	182	(c) Each committee member serves for a term of two years
183	183	beginning the 20th day after [runoff] primary election day.
184	184	SECTION 17. Section 172.004, Election Code, is amended to
185	185	read as follows:
186	186	Sec. 172.004. PREFERENTIAL VOTING IN [RUNOFF] PRIMARY
187	187	ELECTION. (a) If no candidate for nomination to a particular
188	188	office receives the vote required for nomination in the general
189	189	primary election, the votes of the candidate receiving the fewest
190	190	number of votes are reassigned to the candidate ranking next
191	191	highest in the preference of a voter [a runoff primary election
192	192	shall be held to determine the nomination].
193	193	(b) If after reassigning votes under Subsection (a) no
194	194	candidate receives a majority of the votes cast designating the
195	195	modified highest favorable ranking, the reassignment of a vote to a
196	196	voter's next most preferred candidate under Subsection (a)
197	197	continues until one candidate receives a majority.
198	198	(c) If two or more candidates tie for the least number of
199	199	votes before a reassignment of votes under Subsection (a) or (b),
200	200	the tied candidates shall cast lots to determine which candidate's
201	201	votes are reassigned.
202	202	(d) The secretary of state shall prescribe procedures to
203	203	provide for an election to be held under this chapter using a
204	204	preferential voting system. The system must allow a voter to rank
205	205	each candidate through a numerical designation from the candidate
206	206	the voter favors most to the candidate the voter favors least [The
207	207	candidates in a runoff for a nomination shall be determined and a
208	208	tie vote in a runoff resolved as provided by Subchapter B, Chapter
209	209	2, for a runoff for an election to office].
210	210	SECTION 18. Section 172.061(a), Election Code, is amended
211	211	to read as follows:
212	212	(a) Except for Section [Sections] 172.058(b), [172.059(c),
213	213	and 172.060(b),] this subchapter applies to a candidate for county
214	214	chair or precinct chair.
215	215	SECTION 19. Section 172.117(a-2), Election Code, is amended
216	216	to read as follows:
217	217	(a-2) The county chair shall update the notations after each
218	218	general primary [and runoff primary] election, unless the secretary
219	219	of state's Internet website automatically updates the notations
220	220	based on election returns. After any withdrawal or death of a
221	221	candidate, and subsequent replacement of the candidate on the
222	222	ballot, the chair shall notify the state chair, who shall update the
223	223	notation on the website. All notations must be completed and
224	224	accurate on the date prescribed by the secretary of state by rule to
225	225	ensure that an authority printing general election ballots may rely
226	226	on the information.
227	227	SECTION 20. Section 172.126(a), Election Code, is amended
228	228	to read as follows:
229	229	(a) The primary elections in a county may be conducted
230	230	jointly at the regular polling places designated for the general
231	231	election for state and county officers. The county clerk shall
232	232	supervise the overall conduct of the joint primary elections. This
233	233	section applies to the conduct of joint primary elections
234	234	notwithstanding and in addition to other applicable provisions of
235	235	this code. The decision to conduct a joint general primary election
236	236	[or runoff primary election, as applicable,] must be made by
237	237	majority vote of the full membership of the commissioners court and
238	238	with the unanimous approval of the county clerk and the county chair
239	239	of each political party required to nominate candidates by primary
240	240	election.
241	241	SECTION 21. Section 172.127(b), Election Code, is amended
242	242	to read as follows:
243	243	(b) The presiding judge or alternate presiding judge for the
244	244	precinct may post signs at a polling place for a primary election
245	245	[or a primary runoff election] that:
246	246	(1) identify the names of, or symbols representing,
247	247	any political parties holding an election at the polling place; and
248	248	(2) do not refer to a candidate or measure on the
249	249	ballot.
250	250	SECTION 22. Sections 173.083(a), (b), and (c), Election
251	251	Code, are amended to read as follows:
252	252	(a) The amount of estimated primary election expenses
253	253	payable with state funds under this section is equal to[:
254	254	[(1) for a general primary election,] the difference
255	255	obtained by subtracting the sum of the filing fees and
256	256	contributions reported in the statement of estimated primary
257	257	election expenses from the total amount of estimated general
258	258	primary expenses approved by the secretary of state under Section
259	259	173.082[; and
260	260	[(2) for a runoff primary election, the total amount
261	261	of estimated runoff primary expenses approved by the secretary].
262	262	(b) State payment of the estimated primary election
263	263	expenses shall be made in installments as follows:
264	264	(1) the initial installment [for the expenses of a
265	265	general primary] is equal to three-fourths, or three-fifths if the
266	266	secretary of state determines that figure to be more efficient, of
267	267	the amount of estimated general primary expenses payable with state
268	268	funds; and
269	269	(2) [the initial installment for the expenses of a
270	270	runoff primary is equal to three-fourths, or three-fifths if the
271	271	secretary of state determines that figure to be more efficient, of
272	272	the amount of estimated runoff primary expenses payable with state
273	273	funds; and
274	274	[(3)] the final installment is equal to the difference
275	275	obtained by subtracting the total of the installment [installments]
276	276	paid under Subdivision [Subdivisions] (1) [and (2)] from the total
277	277	of the actual general [and runoff] primary election expenses
278	278	payable with state funds.
279	279	(c) After determining the amount of estimated primary
280	280	expenses to approve under Section 173.082 for a general [or runoff]
281	281	primary, the secretary of state shall calculate the amount of the
282	282	installment payable under Subsection (b)(1) [or (2), as
283	283	applicable]. The secretary shall then prepare and deliver to the
284	284	comptroller of public accounts a certified statement indicating the
285	285	amount of the installment, the total amount of estimated general
286	286	[or runoff] primary expenses payable with state funds, and the name
287	287	of the county or state chair who submitted the statement of
288	288	estimated primary election expenses.
289	289	SECTION 23. Sections 173.0833(a) and (b), Election Code,
290	290	are amended to read as follows:
291	291	(a) This section applies to election services and materials
292	292	provided by a vendor for use in a primary election [or primary
293	293	runoff election], including:
294	294	(1) the printing of paper ballot material containing
295	295	candidates' names used in a polling place;
296	296	(2) the programming and testing of voting system
297	297	equipment, including ballot layout, programming of equipment, and
298	298	audio production;
299	299	(3) site support or technical support other than the
300	300	programming or testing of voting system equipment;
301	301	(4) nonballot election materials used in a precinct on
302	302	election day, including election kits, required party stamps,
303	303	distance signs, and required forms; and
304	304	(5) the rental of non-county-owned electronic voting
305	305	system equipment, including media components.
306	306	(b) A vendor providing election services or materials to a
307	307	county chair or a county election officer contracting with a county
308	308	chair for a primary [or runoff primary] election shall directly
309	309	bill the secretary of state for the cost of the services or
310	310	materials used on election day for which state funding is available
311	311	under this chapter.
312	312	SECTION 24. Sections 173.084(a) and (b), Election Code, are
313	313	amended to read as follows:
314	314	(a) Regardless of whether state funds are requested for
315	315	paying primary expenses, each county chair and state chair shall
316	316	prepare a report that includes:
317	317	(1) an itemized list of the actual expenses incurred
318	318	in connection with the primary election [general and runoff
319	319	primaries] by the authority preparing the report and by the
320	320	executive committee over which the authority presides;
321	321	(2) the amount of the primary candidates' filing fees
322	322	required to be deposited in the county primary fund if the report is
323	323	by a county chair, or in the state primary fund if the report is by
324	324	the state chair;
325	325	(3) the amount of filing fees that have been refunded;
326	326	(4) the amount of the contributions to the executive
327	327	committee over which the authority preparing the report presides
328	328	that:
329	329	(A) are for the purpose of defraying primary
330	330	election expenses; and
331	331	(B) have not been included in a report filed
332	332	under this section for a previous primary election year; and
333	333	(5) the balance in the county primary fund if the
334	334	report is by a county chair, or in the state primary fund if the
335	335	report is by the state chair, that remains after deducting the
336	336	primary election expenses actually incurred and the refunded filing
337	337	fees.
338	338	(b) The authority preparing the report shall file it with
339	339	the secretary of state not later than August 31 following the
340	340	[applicable] primary election[, in the case of the county chair's
341	341	report, or if no runoff primary is held for a statewide or district
342	342	office, in the case of the state chair's report].
343	343	SECTION 25. Section 202.007(a), Election Code, is amended
344	344	to read as follows:
345	345	(a) If a vacancy occurs after [runoff] primary election day,
346	346	an independent candidate for the unexpired term must file the
347	347	application for a place on the ballot not later than 5 p.m. of the
348	348	30th day after the date the vacancy occurs or 5 p.m. of the 70th day
349	349	before general election day, whichever is earlier.
350	350	SECTION 26. Section 232.008(c), Election Code, is amended
351	351	to read as follows:
352	352	(c) A contestant must file the petition not later than the
353	353	later of the 15th day after the date the election records are
354	354	publicly available under Section 1.012 or the official result is
355	355	determined in a contest of:
356	356	(1) a primary [or runoff primary] election; or
357	357	(2) a general or special election for which a runoff is
358	358	necessary according to the official result or will be necessary if
359	359	the contestant prevails.
360	360	SECTION 27. Section 232.048(a), Election Code, is amended
361	361	to read as follows:
362	362	(a) If no candidate receives a majority vote in a new
363	363	election ordered by a court in the contest of an election in which a
364	364	majority vote is required, a runoff election shall be held[:
365	365	[(1) for a primary election contest, on the date set by
366	366	the district court in which the contest was heard, except as
367	367	provided by Subsection (c); or
368	368	[(2) for a contest of a general or special election,]
369	369	on the date set by the authority responsible for ordering the runoff
370	370	election.
371	371	SECTION 28. Section 255.002(a), Election Code, is amended
372	372	to read as follows:
373	373	(a) The rate charged for political advertising by a radio or
374	374	television station may not exceed:
375	375	(1) during the 45 days preceding a general [or runoff]
376	376	primary election and during the 60 days preceding a general or
377	377	special election, the broadcaster's lowest unit charge for
378	378	advertising of the same class, for the same time, and for the same
379	379	period; or
380	380	(2) at any time other than that specified by
381	381	Subdivision (1), the amount charged other users for comparable use
382	382	of the station.
383	383	SECTION 29. The following provisions of the Election Code
384	384	are repealed:
385	385	(1) Section 41.007(b);
386	386	(2) Section 172.058(c);
387	387	(3) Section 172.059;
388	388	(4) Section 172.060;
389	389	(5) Section 172.061(b);
390	390	(6) Section 172.084;
391	391	(7) Section 172.120(b-1);
392	392	(8) Section 172.121;
393	393	(9) Section 172.125; and
394	394	(10) Section 173.081(e).
395	395	SECTION 30. The changes in law made by this Act apply only
396	396	to an election ordered on or after September 1, 2023.
397	397	SECTION 31. This Act takes effect September 1, 2023.