Texas 2023 - 88th Regular

Texas Senate Bill SB398 Compare Versions

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Version 2 (New)

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1	1	88R1541 MLH-F
2	2	By: Hall S.B. No. 398
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the separation of federal elections from state and
8	8	local elections, and to related practices and procedures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1.002(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) This code applies to all general, special, federal, and
13	13	primary elections held in this state.
14	14	SECTION 2. Section 1.005, Election Code, is amended by
15	15	amending Subdivisions (4-b), (7), (14), and (19) and adding
16	16	Subdivisions (4-c) and (4-d) to read as follows:
17	17	(4-b) "Federal election" means a primary or general
18	18	election for a federal office or a resulting runoff election and
19	19	does not include an election held for electors for president and
20	20	vice president of the United States.
21	21	(4-c) "Federal judge" means:
22	22	(A) a judge, former judge, or retired judge of a
23	23	United States court of appeals;
24	24	(B) a judge, former judge, or retired judge of a
25	25	United States district court;
26	26	(C) a judge, former judge, or retired judge of a
27	27	United States bankruptcy court; or
28	28	(D) a magistrate judge, former magistrate judge,
29	29	or retired magistrate judge of a United States district court.
30	30	(4-d) "Federal office" means the office of United
31	31	States senator or United States representative.
32	32	(7) "General election for state and county officers"
33	33	means the general election at which officers of the [federal,]
34	34	state[,] and county governments are elected.
35	35	(14) "Primary election" means an election held by a
36	36	political party under Chapter 172 to select its nominees for public
37	37	office, and, unless the context indicates otherwise, the term
38	38	includes a [presidential] primary election for a federal office.
39	39	(19) "Statewide office" means an office of the
40	40	[federal or] state government that is voted on statewide.
41	41	SECTION 3. Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and
42	42	20, Election Code, are designated as Subtitle A, Title 2, Election
43	43	Code, and a heading is added to Subtitle A to read as follows:
44	44	SUBTITLE A. GENERAL REQUIREMENTS
45	45	SECTION 4. Section 11.002(a), Election Code, is amended to
46	46	read as follows:
47	47	(a) In this code, "qualified voter" means a person who:
48	48	(1) is 18 years of age or older;
49	49	(2) is a United States citizen;
50	50	(3) has not been determined by a final judgment of a
51	51	court exercising probate jurisdiction to be:
52	52	(A) totally mentally incapacitated; or
53	53	(B) partially mentally incapacitated without the
54	54	right to vote;
55	55	(4) has not been finally convicted of a felony or, if
56	56	so convicted, has:
57	57	(A) fully discharged the person's sentence,
58	58	including any term of incarceration, parole, or supervision, or
59	59	completed a period of probation ordered by any court; or
60	60	(B) been pardoned or otherwise released from the
61	61	resulting disability to vote;
62	62	(5) is a resident of this state; and
63	63	(6) is a registered voter under this subtitle.
64	64	SECTION 5. Section 15.003(a), Election Code, is amended to
65	65	read as follows:
66	66	(a) On receipt of a voter registration certificate issued
67	67	under this subtitle [title], the person to whom the certificate is
68	68	issued must personally sign it in the appropriate space.
69	69	SECTION 6. Title 2, Election Code, is amended by adding
70	70	Subtitle B to read as follows:
71	71	SUBTITLE B. FEDERAL ELECTIONS
72	72	CHAPTER 21. GENERAL PROVISIONS
73	73	Sec. 21.001. DEFINITIONS. In this subtitle:
74	74	(1) "Federal ballot" means a ballot that only lists
75	75	elections and candidates for federal office.
76	76	(2) "State election" means an election that is not a
77	77	federal election.
78	78	Sec. 21.002. FEDERAL ELECTIONS SEPARATE. (a)
79	79	Notwithstanding other law, a federal election is a separate
80	80	election from any other election in this state.
81	81	(b) A federal election under this subtitle may not list on
82	82	the federal ballot any proposition or election for state or county
83	83	office.
84	84	(c) To the extent feasible, a federal election and a state
85	85	election shall be held separately and concurrently using the same
86	86	precincts and polling locations.
87	87	Sec. 21.003. RULES. (a) The secretary of state shall adopt
88	88	rules to enact this subtitle.
89	89	(b) The rules adopted under this section must reduce voter
90	90	disruption and confusion to the greatest extent possible, including
91	91	rules requiring use of the same area in which voters are being
92	92	accepted for voting and the same voting stations for state and
93	93	federal elections.
94	94	CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS
95	95	Sec. 22.001. DEFINITION. In this chapter, "military
96	96	service voter" means:
97	97	(1) a member of the armed forces of the United States;
98	98	(2) a member of the merchant marine of the United
99	99	States;
100	100	(3) a member of the Texas National Guard;
101	101	(4) a member of the National Guard of another state
102	102	serving on active duty under an order of the president of the United
103	103	States;
104	104	(5) a member of a reserve component of the armed forces
105	105	of the United States serving on active duty under an order of the
106	106	president of the United States or activated on state orders; or
107	107	(6) a spouse or dependent of a member of a military
108	108	organization listed in Subdivisions (1) through (5).
109	109	Sec. 22.002. ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To
110	110	be eligible to vote in a federal election in this state, a person
111	111	must:
112	112	(1) be a qualified voter as defined by Section 11.002
113	113	on the day the person offers to vote; or
114	114	(2) meet all requirements for voter eligibility under
115	115	federal law and:
116	116	(A) meet all of the requirements to be a
117	117	qualified voter under Section 11.002 except the requirement under
118	118	Section 11.002(a)(6) that the person be a registered voter under
119	119	Subtitle A, and be:
120	120	(i) a military service voter; or
121	121	(ii) domiciled in this state but
122	122	temporarily living outside the territorial limits of the United
123	123	States and the District of Columbia; or
124	124	(B) be unable to complete the registration
125	125	requirements under Subtitle A.
126	126	Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) If
127	127	the United States Congress enacts legislation that allows a voter
128	128	to be eligible to register to vote under this subtitle when the same
129	129	voter would be ineligible to register to vote under Subtitle A, the
130	130	secretary of state shall create and maintain a procedure by which a
131	131	person eligible under Section 22.002 may submit an application to
132	132	register to vote under this subtitle. The procedure under this
133	133	section must comply with all federal laws for voter registration.
134	134	(b) A person who submits an application for registration
135	135	under Chapter 13 that does not comply with all requirements under
136	136	Subtitle A but does comply with all requirements under federal law
137	137	shall be registered to vote under this subtitle.
138	138	(c) A person registered to vote under Subsection (b) who
139	139	submits an application for registration under Chapter 13 that is
140	140	accepted becomes registered to vote under Subtitle A.
141	141	CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS
142	142	Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority
143	143	preparing a ballot for a concurrent federal and state election
144	144	shall prepare a separate federal ballot for voters registered under
145	145	this subtitle.
146	146	Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.
147	147	(a) A voter registered to vote under Subtitle A may vote a full
148	148	ballot containing propositions and candidates for office in state
149	149	and federal elections.
150	150	(b) A voter registered to vote under this subtitle may only
151	151	vote a federal ballot.
152	152	Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and
153	153	reporting procedures for a state election shall be conducted under
154	154	the provisions of this code.
155	155	(b) To the extent possible, voting, tabulation, and
156	156	reporting procedures for a federal election shall be conducted
157	157	under the provisions of this code.
158	158	(c) To the extent that federal law conflicts with a
159	159	provision of this code regarding voting, tabulation, and reporting
160	160	procedures for a federal election, those procedures shall be
161	161	conducted under the provisions of the applicable federal law.
162	162	SECTION 7. Subchapter A, Chapter 41, Election Code, is
163	163	amended by adding Section 41.003 to read as follows:
164	164	Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a)
165	165	The general election for federal officers shall be held on the first
166	166	Tuesday after the first Monday in November in even-numbered years.
167	167	(b) To the extent feasible, the general election for federal
168	168	officers shall be held concurrently with the general election for
169	169	state and county officers.
170	170	SECTION 8. The heading to Section 41.007, Election Code, is
171	171	amended to read as follows:
172	172	Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY
173	173	OFFICERS.
174	174	SECTION 9. Sections 41.007(a) and (d), Election Code, are
175	175	amended to read as follows:
176	176	(a) The general primary election date for state and county
177	177	officers is the first Tuesday in March in each even-numbered year.
178	178	(d) No [other] election other than a primary election for
179	179	federal officers may be held on the date of a primary election.
180	180	SECTION 10. Subchapter A, Chapter 41, Election Code, is
181	181	amended by adding Section 41.0075 to read as follows:
182	182	Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a)
183	183	The primary election date for federal officers is the first Tuesday
184	184	in March in each even-numbered year.
185	185	(b) The runoff primary election date for federal officers is
186	186	the fourth Tuesday in May following the primary election for
187	187	federal officers.
188	188	(c) To the extent feasible, the primary election for federal
189	189	officers shall be held concurrently with the primary election for
190	190	state and county officers.
191	191	SECTION 11. Section 42.002(a), Election Code, is amended to
192	192	read as follows:
193	193	(a) The county election precincts are the election
194	194	precincts for the following elections:
195	195	(1) the general election for state and county
196	196	officers;
197	197	(2) a special election ordered by the governor;
198	198	(3) a primary election;
199	199	(4) a countywide election ordered by the commissioners
200	200	court, county judge, or other county authority, except an election
201	201	subject to Section 42.062(2); [and]
202	202	(5) a federal election; and
203	203	(6) as provided by Section 42.0621, any other election
204	204	held by a political subdivision on a uniform election date.
205	205	SECTION 12. Section 67.010(a), Election Code, is amended to
206	206	read as follows:
207	207	(a) The county election returns for an election for a
208	208	statewide office other than governor or lieutenant governor, a
209	209	statewide measure, a district office, a federal office, or
210	210	president and vice-president of the United States shall be
211	211	canvassed by the governor.
212	212	SECTION 13. Section 84.014, Election Code, is amended to
213	213	read as follows:
214	214	Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
215	215	APPLICATIONS. If an applicant provides a date of birth, driver's
216	216	license number, or social security number on the applicant's
217	217	application for an early voting ballot to be voted by mail that is
218	218	different from or in addition to the information maintained by the
219	219	voter registrar in accordance with Subtitle A, Title 2, the early
220	220	voting clerk shall notify the voter registrar. The voter registrar
221	221	shall update the voter's record with the information provided by
222	222	the applicant.
223	223	SECTION 14. Section 101.052, Election Code, is amended by
224	224	amending Subsections (e), (f), and (j) and adding Subsection (n) to
225	225	read as follows:
226	226	(e) An applicant who otherwise complies with applicable
227	227	requirements is entitled to receive a full ballot to be voted by
228	228	mail under this chapter if:
229	229	(1) the applicant submits a federal postcard
230	230	application to the early voting clerk on or before the 20th day
231	231	before election day; and
232	232	(2) the application contains the information that is
233	233	required for registration under Subtitle A, Title 2.
234	234	(f) The applicant is entitled to receive only a federal
235	235	ballot to be voted by mail under Chapter 114 if:
236	236	(1) the applicant submits the federal postcard
237	237	application to the early voting clerk after the date provided by
238	238	Subsection (e)(1) and before the deadline for submitting a regular
239	239	application for a ballot to be voted by mail; and
240	240	(2) the application contains the information that is
241	241	required for registration under Subtitle A, Title 2.
242	242	(j) If the early voting clerk determines that an application
243	243	that is submitted before the time prescribed by Subsection (e)(1)
244	244	does not contain the information that is required for registration
245	245	under Subtitle A, Title 2, the clerk shall notify the applicant of
246	246	that fact. If the applicant has provided a telephone number or an
247	247	address for receiving mail over the Internet, the clerk shall
248	248	notify the applicant by that medium.
249	249	(n) A federal postcard application that does not meet the
250	250	requirements of Subtitle A, Title 2, may still constitute
251	251	registration for federal elections if the federal postcard
252	252	application meets the requirements of Subtitle B, Title 2.
253	253	SECTION 15. Section 101.053(b), Election Code, is amended
254	254	to read as follows:
255	255	(b) If an applicant provides a date of birth, driver's
256	256	license number, or social security number on the applicant's
257	257	federal postcard application that is different from or in addition
258	258	to the information maintained by the voter registrar in accordance
259	259	with Subtitle A, Title 2, the early voting clerk shall notify the
260	260	voter registrar. The voter registrar shall update the voter's
261	261	record with the information provided by the applicant.
262	262	SECTION 16. Section 101.055, Election Code, is amended by
263	263	amending Subsection (a) and adding Subsection (a-1) to read as
264	264	follows:
265	265	(a) The submission of a federal postcard application that
266	266	complies with the [applicable] requirements of Subtitle A, Title 2,
267	267	by an unregistered applicant constitutes registration by the
268	268	applicant:
269	269	(1) for the purpose of voting in the election for state
270	270	and county officers for which a ballot is requested; and
271	271	(2) under Subtitle A, Title 2, if the federal postcard
272	272	application complies with the requirements under that subtitle,
273	273	unless the person indicates on the application that the person is
274	274	residing outside the United States indefinitely.
275	275	(a-1) The submission of a federal postcard application that
276	276	complies with the requirements of Subtitle B, Title 2, by an
277	277	unregistered applicant constitutes registration by the applicant:
278	278	(1) for the purpose of voting in the election for
279	279	federal officers for which a ballot is requested; and
280	280	(2) under Subtitle B, Title 2, if the federal postcard
281	281	application complies with the requirements under that subtitle,
282	282	unless the person indicates on the application that the person is
283	283	residing outside the United States indefinitely.
284	284	SECTION 17. Section 142.005, Election Code, is amended to
285	285	read as follows:
286	286	Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An
287	287	application for a place on the ballot must be filed with:
288	288	(1) the secretary of state, for a federal, statewide,
289	289	or district office; or
290	290	(2) the county judge, for a county or precinct office.
291	291	SECTION 18. Section 145.033, Election Code, is amended to
292	292	read as follows:
293	293	Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.
294	294	A candidate must file a withdrawal request with:
295	295	(1) the secretary of state, for a federal, statewide,
296	296	or district office; or
297	297	(2) the authority responsible for having the official
298	298	ballot prepared, for a county or precinct office.
299	299	SECTION 19. Section 145.037(d), Election Code, is amended
300	300	to read as follows:
301	301	(d) The chair must deliver the certification to:
302	302	(1) the secretary of state, for a federal, statewide,
303	303	or district office; or
304	304	(2) the authority responsible for having the official
305	305	ballot prepared, for a county or precinct office.
306	306	SECTION 20. Section 146.024, Election Code, is amended to
307	307	read as follows:
308	308	Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A
309	309	declaration of write-in candidacy must be filed with:
310	310	(1) the secretary of state, for a federal, statewide,
311	311	or district office; or
312	312	(2) the county judge, for a county or precinct office.
313	313	SECTION 21. The heading to Section 161.008, Election Code,
314	314	is amended to read as follows:
315	315	Sec. 161.008. CERTIFICATION OF NOMINEES FOR FEDERAL,
316	316	STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION
317	317	BALLOT.
318	318	SECTION 22. Section 161.008(a), Election Code, is amended
319	319	to read as follows:
320	320	(a) Except as provided by Subsection (c), the secretary of
321	321	state shall certify in writing for placement on the general
322	322	election ballot the name of each candidate nominated at a primary
323	323	election or convention of a political party for a federal,
324	324	statewide, or district office.
325	325	SECTION 23. Section 163.006(d), Election Code, is amended
326	326	to read as follows:
327	327	(d) Before January 15 of each year in which political
328	328	parties hold precinct conventions under this title, the secretary
329	329	of state shall deliver written notice of the requirements of this
330	330	section to the state chair of each party that had a nominee for a
331	331	federal, statewide, or district office on the most recent general
332	332	election ballot.
333	333	SECTION 24. Section 172.059(b), Election Code, is amended
334	334	to read as follows:
335	335	(b) A withdrawal request for the runoff primary must be
336	336	filed with the state chair, for a federal, statewide, or district
337	337	office, or with the county chair, for a county or precinct office.
338	338	SECTION 25. The heading to Section 172.121, Election Code,
339	339	is amended to read as follows:
340	340	Sec. 172.121. CERTIFICATION OF CANDIDATES FOR FEDERAL,
341	341	STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT.
342	342	SECTION 26. Section 172.121(a), Election Code, is amended
343	343	to read as follows:
344	344	(a) The state chair shall certify on the secretary of
345	345	state's website for placement on the runoff primary election ballot
346	346	the name of each general primary candidate for a federal,
347	347	statewide, or district office who is to be a candidate in the
348	348	runoff.
349	349	SECTION 27. The heading to Section 172.122, Election Code,
350	350	is amended to read as follows:
351	351	Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN
352	352	APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL
353	353	REQUIREMENTS FOR FEDERAL, STATEWIDE, AND DISTRICT OFFICES TO
354	354	SECRETARY OF STATE.
355	355	SECTION 28. Section 172.122(a), Election Code, is amended
356	356	to read as follows:
357	357	(a) The state chair shall certify by posting on the
358	358	secretary of state's website the name and address of each primary
359	359	candidate who is nominated for a federal, statewide, or district
360	360	office. The state chair shall execute and file digitally with the
361	361	secretary of state an affidavit certifying that the returns posted
362	362	on the secretary of state's website are the correct and complete
363	363	returns. The secretary of state shall adopt by rule a process to
364	364	allow the chair to submit the affidavit digitally.
365	365	SECTION 29. Section 173.063, Election Code, is amended to
366	366	read as follows:
367	367	Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair
368	368	shall deposit in the state primary fund each filing fee
369	369	accompanying an application for a place on the ballot filed with the
370	370	state chair:
371	371	(1) for a federal office;
372	372	(1-a) for a statewide office; or
373	373	(2) for a district office if the application is filed
374	374	after the regular filing deadline.
375	375	SECTION 30. Section 181.0311(a), Election Code, is amended
376	376	to read as follows:
377	377	(a) In addition to any other requirements, to be considered
378	378	for nomination by convention, a candidate must:
379	379	(1) pay a filing fee to the secretary of state for a
380	380	federal, statewide, or district office or the county judge for a
381	381	county or precinct office; or
382	382	(2) submit to the secretary of state for a federal,
383	383	statewide, or district office or the county judge for a county or
384	384	precinct office a petition in lieu of a filing fee that satisfies
385	385	the requirements prescribed by Subsection (e) and Section 141.062.
386	386	SECTION 31. Section 181.032(a), Election Code, is amended
387	387	to read as follows:
388	388	(a) An application for nomination by a convention must be
389	389	filed with:
390	390	(1) the state chair, for a federal, statewide, or
391	391	district office; or
392	392	(2) the county chair, for a county or precinct office.
393	393	SECTION 32. Section 181.068(b), Election Code, is amended
394	394	to read as follows:
395	395	(b) Not later than the 20th day after the date of the
396	396	convention making the nomination, the presiding officer shall
397	397	deliver the certification to:
398	398	(1) the authority responsible for having the official
399	399	general election ballot prepared in the county, for certification
400	400	of a county or precinct office; or
401	401	(2) the secretary of state, for certification of a
402	402	federal, statewide, or district office.
403	403	SECTION 33. Sections 231.008(b) and (c), Election Code, are
404	404	amended to read as follows:
405	405	(b) If the judgment in a contest for an office affects the
406	406	preparation of the ballot for a succeeding election, the clerk
407	407	shall deliver a copy to the authority responsible for having the
408	408	official ballot prepared or, in the case of a federal, statewide, or
409	409	district office, to the authority responsible for certifying the
410	410	names of the candidates for placement on the ballot.
411	411	(c) If the judgment orders that a new general or special
412	412	election be held, the clerk shall deliver a copy to the authority
413	413	responsible for ordering the election. If the judgment orders a new
414	414	primary election, the clerk shall deliver a copy to the state chair
415	415	of the appropriate political party, in the case of a federal,
416	416	statewide, or district office, or to the county chair, in the case
417	417	of a county or precinct office.
418	418	SECTION 34. Section 232.013(d), Election Code, is amended
419	419	to read as follows:
420	420	(d) If the contested election is a primary, the district
421	421	clerk shall deliver a certified copy of the order setting the date
422	422	of the runoff to the state chair of the political party in the case
423	423	of a federal, statewide, or district office or to the county chair
424	424	in the case of a county or precinct office.
425	425	SECTION 35. Section 232.048(c), Election Code, is amended
426	426	to read as follows:
427	427	(c) The candidate receiving the most votes in a new election
428	428	ordered by a court in a primary election contest is the political
429	429	party's nominee, regardless of whether the candidate receives a
430	430	majority vote, if the date of the final canvass of the court-ordered
431	431	primary is on or after:
432	432	(1) the 85th day before the date of the succeeding
433	433	general election in the case of a federal, statewide, or district
434	434	office; or
435	435	(2) the 75th day before the date of the succeeding
436	436	general election in the case of a county or precinct office.
437	437	SECTION 36. Section 252.005, Election Code, is amended to
438	438	read as follows:
439	439	Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
440	440	CANDIDATE. An individual must file a campaign treasurer appointment
441	441	for the individual's own candidacy with:
442	442	(1) the commission, if the appointment is made for
443	443	candidacy for:
444	444	(A) a federal office;
445	445	(A-1) a statewide office;
446	446	(B) a district office filled by voters of more
447	447	than one county;
448	448	(C) a judicial district office filled by voters
449	449	of only one county;
450	450	(D) state senator;
451	451	(E) state representative; or
452	452	(F) the State Board of Education;
453	453	(2) the county clerk, if the appointment is made for
454	454	candidacy for a county office, a precinct office, or a district
455	455	office other than one included in Subdivision (1);
456	456	(3) the clerk or secretary of the governing body of the
457	457	political subdivision or, if the political subdivision has no clerk
458	458	or secretary, with the governing body's presiding officer, if the
459	459	appointment is made for candidacy for an office of a political
460	460	subdivision other than a county;
461	461	(4) the county clerk if:
462	462	(A) the appointment is made for candidacy for an
463	463	office of a political subdivision other than a county;
464	464	(B) the governing body for the political
465	465	subdivision has not been formed; and
466	466	(C) no boundary of the political subdivision
467	467	crosses a boundary of the county; or
468	468	(5) the commission if:
469	469	(A) the appointment is made for candidacy for an
470	470	office of a political subdivision other than a county;
471	471	(B) the governing body for the political
472	472	subdivision has not been formed; and
473	473	(C) the political subdivision is situated in more
474	474	than one county.
475	475	SECTION 37. This Act takes effect September 1, 2023.