1 | 1 | | 88R20076 PRL-F |
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2 | 2 | | By: Burrows H.B. No. 1635 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the operation of political parties. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 162.001, Election Code, is amended by |
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10 | 10 | | adding Subsection (c) to read as follows: |
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11 | 11 | | (c) A party official may not deny a person eligible to |
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12 | 12 | | affiliate with a political party under Section 162.002 the ability |
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13 | 13 | | to affiliate with the political party. |
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14 | 14 | | SECTION 2. Section 163.007, Election Code, is amended to |
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15 | 15 | | read as follows: |
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16 | 16 | | Sec. 163.007. RULES ENFORCEABLE BY MANDAMUS. A rule on |
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17 | 17 | | electoral affairs is enforceable by writ of mandamus in the same |
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18 | 18 | | manner as if the rule were a statute. A rule on electoral affairs |
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19 | 19 | | that conflicts with state or federal law is void and unenforceable. |
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20 | 20 | | SECTION 3. Sections 172.0222(b) and (g), Election Code, are |
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21 | 21 | | amended to read as follows: |
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22 | 22 | | (b) On the filing of an application for a place on the |
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23 | 23 | | general primary election ballot, the authority with whom the |
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24 | 24 | | application is filed shall review the application to determine |
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25 | 25 | | whether it complies with state or federal law or with the |
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26 | 26 | | requirements as to form, content, and procedure that it must |
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27 | 27 | | satisfy for the candidate's name to be placed on the general primary |
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28 | 28 | | election ballot. |
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29 | 29 | | (g) If an application does not comply with the [applicable] |
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30 | 30 | | requirements described by Subsection (b), the authority shall |
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31 | 31 | | reject the application and immediately deliver to the candidate |
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32 | 32 | | written notice of the reason for the rejection. |
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33 | 33 | | SECTION 4. Section 172.082(b), Election Code, is amended to |
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34 | 34 | | read as follows: |
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35 | 35 | | (b) The county chair or the county chair's designee shall |
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36 | 36 | | conduct the drawing [unless the county executive committee provides |
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37 | 37 | | by resolution that the drawing be conducted by the primary |
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38 | 38 | | committee]. |
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39 | 39 | | SECTION 5. Section 172.111(b), Election Code, is amended to |
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40 | 40 | | read as follows: |
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41 | 41 | | (b) The county chair [executive committee] shall supervise |
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42 | 42 | | the overall conduct of a primary election in each county. |
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43 | 43 | | SECTION 6. Section 173.033, Election Code, is amended by |
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44 | 44 | | adding Subsection (d) to read as follows: |
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45 | 45 | | (d) Notwithstanding any other provision of this chapter: |
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46 | 46 | | (1) a primary fund may not be used to pay expenses |
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47 | 47 | | incurred by a political party in connection with a primary election |
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48 | 48 | | conducted by a political party that has authorized a party official |
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49 | 49 | | to reject an application for a place on the primary election ballot |
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50 | 50 | | or declare a candidate ineligible for any reason not specified |
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51 | 51 | | under the laws of this state or federal law; and |
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52 | 52 | | (2) any funds disbursed to the primary fund of a |
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53 | 53 | | political party specified in Subdivision (1) shall be remitted to |
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54 | 54 | | the secretary of state immediately on request and deposited in the |
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55 | 55 | | state treasury for the financing of primary elections. |
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56 | 56 | | SECTION 7. Section 191.008(b), Election Code, is amended to |
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57 | 57 | | read as follows: |
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58 | 58 | | (b) The rules may not be inconsistent with national party |
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59 | 59 | | rules, this subchapter, or [with] rules adopted by the secretary of |
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60 | 60 | | state under this subchapter. |
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61 | 61 | | SECTION 8. Sections 172.081 and 172.083, Election Code, are |
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62 | 62 | | repealed. |
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63 | 63 | | SECTION 9. This Act takes effect September 1, 2023. |
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