Texas 2023 - 88th 2nd C.S.

Texas House Bill HB59 Compare Versions

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