Texas 2023 - 88th 3rd C.S.

Texas House Bill HB112 Compare Versions

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1	1	88S30330 MLH-F
2	2	By: Schofield H.B. No. 112
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:
39	39	(1) a presidential primary election; and
40	40	(2) a primary election for federal officers.
41	41	(19) "Statewide office" means an office of the
42	42	[federal or] state government that is voted on statewide.
43	43	SECTION 3. Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and
44	44	20, Election Code, are designated as Subtitle A, Title 2, Election
45	45	Code, and a heading is added to Subtitle A to read as follows:
46	46	SUBTITLE A. GENERAL REQUIREMENTS
47	47	SECTION 4. Section 11.002(a), Election Code, is amended to
48	48	read as follows:
49	49	(a) In this code, "qualified voter" means a person who:
50	50	(1) is 18 years of age or older;
51	51	(2) is a United States citizen;
52	52	(3) has not been determined by a final judgment of a
53	53	court exercising probate jurisdiction to be:
54	54	(A) totally mentally incapacitated; or
55	55	(B) partially mentally incapacitated without the
56	56	right to vote;
57	57	(4) has not been finally convicted of a felony or, if
58	58	so convicted, has:
59	59	(A) fully discharged the person's sentence,
60	60	including any term of incarceration, parole, or supervision, or
61	61	completed a period of probation ordered by any court; or
62	62	(B) been pardoned or otherwise released from the
63	63	resulting disability to vote;
64	64	(5) is a resident of this state; and
65	65	(6) is a registered voter under this subtitle.
66	66	SECTION 5. Section 15.003(a), Election Code, is amended to
67	67	read as follows:
68	68	(a) On receipt of a voter registration certificate issued
69	69	under this subtitle [title], the person to whom the certificate is
70	70	issued must personally sign it in the appropriate space.
71	71	SECTION 6. Title 2, Election Code, is amended by adding
72	72	Subtitle B to read as follows:
73	73	SUBTITLE B. FEDERAL ELECTIONS
74	74	CHAPTER 21. GENERAL PROVISIONS
75	75	Sec. 21.001. DEFINITIONS. In this subtitle:
76	76	(1) "Federal ballot" means a ballot that only lists
77	77	elections and candidates for federal office.
78	78	(2) "State election" means an election that is not a
79	79	federal election.
80	80	Sec. 21.002. FEDERAL ELECTIONS SEPARATE. (a)
81	81	Notwithstanding other law, a federal election is a separate
82	82	election from any other election in this state.
83	83	(b) A federal election under this subtitle may not list on
84	84	the federal ballot any proposition or election for state or county
85	85	office.
86	86	(c) To the extent feasible, a federal election and a state
87	87	election shall be held separately and concurrently using the same
88	88	precincts and polling locations.
89	89	Sec. 21.003. RULES. (a) The secretary of state shall adopt
90	90	rules to enact this subtitle.
91	91	(b) The rules adopted under this section must reduce voter
92	92	disruption and confusion to the greatest extent practicable,
93	93	including rules requiring, when practicable, use of the same area
94	94	in which voters are being accepted for voting and the same voting
95	95	stations for state and federal elections.
96	96	CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS
97	97	Sec. 22.001. DEFINITION. In this chapter, "military
98	98	service voter" means:
99	99	(1) a member of the armed forces of the United States;
100	100	(2) a member of the merchant marine of the United
101	101	States;
102	102	(3) a member of the Texas National Guard;
103	103	(4) a member of the National Guard of another state
104	104	serving on active duty under an order of the president of the United
105	105	States;
106	106	(5) a member of a reserve component of the armed forces
107	107	of the United States serving on active duty under an order of the
108	108	president of the United States or activated on state orders; or
109	109	(6) a spouse or dependent of a member of a military
110	110	organization listed in Subdivisions (1) through (5).
111	111	Sec. 22.002. ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To
112	112	be eligible to vote in a federal election in this state, a person
113	113	must:
114	114	(1) be a qualified voter as defined by Section 11.002
115	115	on the day the person offers to vote; or
116	116	(2) meet all requirements for voter eligibility under
117	117	federal law, including any requirements for voter registration,
118	118	and:
119	119	(A) meet all of the requirements to be a
120	120	qualified voter under Section 11.002 except the requirement under
121	121	Section 11.002(a)(6) that the person be a registered voter under
122	122	Subtitle A, and be:
123	123	(i) a military service voter; or
124	124	(ii) domiciled in this state but
125	125	temporarily living outside the territorial limits of the United
126	126	States and the District of Columbia; or
127	127	(B) be unable to complete the registration
128	128	requirements under Subtitle A.
129	129	Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) If
130	130	federal law allows a voter to be eligible to register to vote under
131	131	this subtitle when the same voter would be ineligible to register to
132	132	vote under Subtitle A, the secretary of state shall create and
133	133	maintain a procedure by which a person eligible under Section
134	134	22.002 may submit an application to register to vote under this
135	135	subtitle. The procedure under this section must comply with all
136	136	federal laws for voter registration.
137	137	(b) A person who submits an application for registration
138	138	under Chapter 13 that does not comply with all requirements under
139	139	Subtitle A but does comply with all requirements under federal law
140	140	shall be registered to vote under this subtitle.
141	141	(c) A person registered to vote under Subsection (b) who
142	142	submits an application for registration under Chapter 13 that is
143	143	accepted becomes registered to vote under Subtitle A.
144	144	CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS
145	145	Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority
146	146	preparing a ballot for concurrent federal and state elections shall
147	147	prepare a separate federal ballot for voters registered under this
148	148	subtitle.
149	149	Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.
150	150	(a) A voter registered to vote under Subtitle A may vote:
151	151	(1) a full ballot containing propositions and
152	152	candidates for office in state elections; and
153	153	(2) a ballot containing candidates for office in
154	154	federal elections.
155	155	(b) A voter registered to vote under this subtitle may only
156	156	vote a ballot containing candidates for office in federal
157	157	elections.
158	158	Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and
159	159	reporting procedures for a state election shall be conducted under
160	160	the provisions of this code.
161	161	(b) To the extent possible, voting, tabulation, and
162	162	reporting procedures for a federal election shall be conducted
163	163	under the provisions of this code.
164	164	(c) To the extent that federal law conflicts with a
165	165	provision of this code regarding voting, tabulation, and reporting
166	166	procedures for a federal election, those procedures shall be
167	167	conducted under the provisions of the applicable federal law.
168	168	SECTION 7. Subchapter A, Chapter 41, Election Code, is
169	169	amended by adding Section 41.003 to read as follows:
170	170	Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a)
171	171	The general election for federal officers shall be held on the first
172	172	Tuesday after the first Monday in November in even-numbered years.
173	173	(b) To the extent feasible, the general election for federal
174	174	officers shall be held concurrently with the general election for
175	175	state and county officers.
176	176	SECTION 8. The heading to Section 41.007, Election Code, is
177	177	amended to read as follows:
178	178	Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY
179	179	OFFICERS.
180	180	SECTION 9. Sections 41.007(a) and (d), Election Code, are
181	181	amended to read as follows:
182	182	(a) The general primary election date for state and county
183	183	officers is the first Tuesday in March in each even-numbered year.
184	184	(d) No [other] election other than a primary election for
185	185	federal officers may be held on the date of a primary election.
186	186	SECTION 10. Subchapter A, Chapter 41, Election Code, is
187	187	amended by adding Section 41.0075 to read as follows:
188	188	Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a)
189	189	The primary election date for federal officers is the first Tuesday
190	190	in March in each even-numbered year.
191	191	(b) The runoff primary election date for federal officers is
192	192	the fourth Tuesday in May following the primary election for
193	193	federal officers.
194	194	(c) To the extent feasible, the primary election for federal
195	195	officers shall be held concurrently with the primary election for
196	196	state and county officers.
197	197	SECTION 11. Section 42.002(a), Election Code, is amended to
198	198	read as follows:
199	199	(a) The county election precincts are the election
200	200	precincts for the following elections:
201	201	(1) the general election for state and county
202	202	officers;
203	203	(2) a special election ordered by the governor;
204	204	(3) a primary election;
205	205	(4) a countywide election ordered by the commissioners
206	206	court, county judge, or other county authority, except an election
207	207	subject to Section 42.062(2); [and]
208	208	(5) a federal election; and
209	209	(6) as provided by Section 42.0621, any other election
210	210	held by a political subdivision on a uniform election date.
211	211	SECTION 12. Section 67.010(a), Election Code, is amended to
212	212	read as follows:
213	213	(a) The county election returns for an election for a
214	214	statewide office other than governor or lieutenant governor, a
215	215	statewide measure, a district office, a federal office, or
216	216	president and vice-president of the United States shall be
217	217	canvassed by the governor.
218	218	SECTION 13. Section 84.014, Election Code, is amended to
219	219	read as follows:
220	220	Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
221	221	APPLICATIONS. If an applicant provides a date of birth, driver's
222	222	license number, or social security number on the applicant's
223	223	application for an early voting ballot to be voted by mail that is
224	224	different from or in addition to the information maintained by the
225	225	voter registrar in accordance with Subtitle A, Title 2, the early
226	226	voting clerk shall notify the voter registrar. The voter registrar
227	227	shall update the voter's record with the information provided by
228	228	the applicant.
229	229	SECTION 14. Section 101.052, Election Code, is amended by
230	230	amending Subsections (e), (f), and (j) and adding Subsection (n) to
231	231	read as follows:
232	232	(e) An applicant who otherwise complies with applicable
233	233	requirements is entitled to receive a full ballot to be voted by
234	234	mail under this chapter if:
235	235	(1) the applicant submits a federal postcard
236	236	application to the early voting clerk on or before the 20th day
237	237	before election day; and
238	238	(2) the application contains the information that is
239	239	required for registration under Subtitle A, Title 2.
240	240	(f) The applicant is entitled to receive only a federal
241	241	ballot to be voted by mail under Chapter 114 if:
242	242	(1) the applicant submits the federal postcard
243	243	application to the early voting clerk after the date provided by
244	244	Subsection (e)(1) and before the deadline for submitting a regular
245	245	application for a ballot to be voted by mail; and
246	246	(2) the application contains the information that is
247	247	required for registration under Subtitle A, Title 2.
248	248	(j) If the early voting clerk determines that an application
249	249	that is submitted before the time prescribed by Subsection (e)(1)
250	250	does not contain the information that is required for registration
251	251	under Subtitle A, Title 2, the clerk shall notify the applicant of
252	252	that fact. If the applicant has provided a telephone number or an
253	253	address for receiving mail over the Internet, the clerk shall
254	254	notify the applicant by that medium.
255	255	(n) A federal postcard application that does not meet the
256	256	requirements of Subtitle A, Title 2, may still constitute
257	257	registration for federal elections if the federal postcard
258	258	application meets the requirements of Subtitle B, Title 2.
259	259	SECTION 15. Section 101.053(b), Election Code, is amended
260	260	to read as follows:
261	261	(b) If an applicant provides a date of birth, driver's
262	262	license number, or social security number on the applicant's
263	263	federal postcard application that is different from or in addition
264	264	to the information maintained by the voter registrar in accordance
265	265	with Subtitle A, Title 2, the early voting clerk shall notify the
266	266	voter registrar. The voter registrar shall update the voter's
267	267	record with the information provided by the applicant.
268	268	SECTION 16. Section 101.055, Election Code, is amended by
269	269	amending Subsection (a) and adding Subsection (a-1) to read as
270	270	follows:
271	271	(a) The submission of a federal postcard application that
272	272	complies with the [applicable] requirements of Subtitle A, Title 2,
273	273	by an unregistered applicant constitutes registration by the
274	274	applicant:
275	275	(1) for the purpose of voting in the election for state
276	276	and county officers for which a ballot is requested; and
277	277	(2) under Subtitle A, Title 2, if the federal postcard
278	278	application complies with the requirements under that subtitle,
279	279	unless the person indicates on the application that the person is
280	280	residing outside the United States indefinitely.
281	281	(a-1) The submission of a federal postcard application that
282	282	complies with the requirements of Subtitle B, Title 2, by an
283	283	unregistered applicant constitutes registration by the applicant:
284	284	(1) for the purpose of voting in the election for
285	285	federal officers for which a ballot is requested; and
286	286	(2) under Subtitle B, Title 2, if the federal postcard
287	287	application complies with the requirements under that subtitle,
288	288	unless the person indicates on the application that the person is
289	289	residing outside the United States indefinitely.
290	290	SECTION 17. Section 142.005, Election Code, is amended to
291	291	read as follows:
292	292	Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An
293	293	application for a place on the ballot must be filed with:
294	294	(1) the secretary of state, for a federal, statewide,
295	295	or district office; or
296	296	(2) the county judge, for a county or precinct office.
297	297	SECTION 18. Section 145.033, Election Code, is amended to
298	298	read as follows:
299	299	Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.
300	300	A candidate must file a withdrawal request with:
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 19. Section 145.037(d), Election Code, is amended
306	306	to read as follows:
307	307	(d) The chair must deliver the certification to:
308	308	(1) the secretary of state, for a federal, statewide,
309	309	or district office; or
310	310	(2) the authority responsible for having the official
311	311	ballot prepared, for a county or precinct office.
312	312	SECTION 20. Section 146.024, Election Code, is amended to
313	313	read as follows:
314	314	Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A
315	315	declaration of write-in candidacy must be filed with:
316	316	(1) the secretary of state, for a federal, statewide,
317	317	or district office; or
318	318	(2) the county judge, for a county or precinct office.
319	319	SECTION 21. The heading to Section 161.008, Election Code,
320	320	is amended to read as follows:
321	321	Sec. 161.008. CERTIFICATION OF NOMINEES FOR FEDERAL,
322	322	STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION
323	323	BALLOT.
324	324	SECTION 22. Section 161.008(a), Election Code, is amended
325	325	to read as follows:
326	326	(a) Except as provided by Subsection (c), the secretary of
327	327	state shall certify in writing for placement on the general
328	328	election ballot the name of each candidate nominated at a primary
329	329	election or convention of a political party for a federal,
330	330	statewide, or district office.
331	331	SECTION 23. Section 163.006(d), Election Code, is amended
332	332	to read as follows:
333	333	(d) Before January 15 of each year in which political
334	334	parties hold precinct conventions under this title, the secretary
335	335	of state shall deliver written notice of the requirements of this
336	336	section to the state chair of each party that had a nominee for a
337	337	federal, statewide, or district office on the most recent general
338	338	election ballot.
339	339	SECTION 24. Section 172.059(b), Election Code, is amended
340	340	to read as follows:
341	341	(b) A withdrawal request for the runoff primary must be
342	342	filed with the state chair, for a federal, statewide, or district
343	343	office, or with the county chair, for a county or precinct office.
344	344	SECTION 25. The heading to Section 172.121, Election Code,
345	345	is amended to read as follows:
346	346	Sec. 172.121. CERTIFICATION OF CANDIDATES FOR FEDERAL,
347	347	STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT.
348	348	SECTION 26. Section 172.121(a), Election Code, is amended
349	349	to read as follows:
350	350	(a) The state chair shall certify on the secretary of
351	351	state's website for placement on the runoff primary election ballot
352	352	the name of each general primary candidate for a federal,
353	353	statewide, or district office who is to be a candidate in the
354	354	runoff.
355	355	SECTION 27. The heading to Section 172.122, Election Code,
356	356	is amended to read as follows:
357	357	Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN
358	358	APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL
359	359	REQUIREMENTS FOR FEDERAL, STATEWIDE, AND DISTRICT OFFICES TO
360	360	SECRETARY OF STATE.
361	361	SECTION 28. Section 172.122(a), Election Code, is amended
362	362	to read as follows:
363	363	(a) The state chair shall certify by posting on the
364	364	secretary of state's website the name and address of each primary
365	365	candidate who is nominated for a federal, statewide, or district
366	366	office. The state chair shall execute and file digitally with the
367	367	secretary of state an affidavit certifying that the returns posted
368	368	on the secretary of state's website are the correct and complete
369	369	returns. The secretary of state shall adopt by rule a process to
370	370	allow the chair to submit the affidavit digitally.
371	371	SECTION 29. Section 173.063, Election Code, is amended to
372	372	read as follows:
373	373	Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair
374	374	shall deposit in the state primary fund each filing fee
375	375	accompanying an application for a place on the ballot filed with the
376	376	state chair:
377	377	(1) for a federal office;
378	378	(1-a) for a statewide office; or
379	379	(2) for a district office if the application is filed
380	380	after the regular filing deadline.
381	381	SECTION 30. Section 181.0311(a), Election Code, is amended
382	382	to read as follows:
383	383	(a) In addition to any other requirements, to be considered
384	384	for nomination by convention, a candidate must:
385	385	(1) pay a filing fee to the secretary of state for a
386	386	federal, statewide, or district office or the county judge for a
387	387	county or precinct office; or
388	388	(2) submit to the secretary of state for a federal,
389	389	statewide, or district office or the county judge for a county or
390	390	precinct office a petition in lieu of a filing fee that satisfies
391	391	the requirements prescribed by Subsection (e) and Section 141.062.
392	392	SECTION 31. Section 181.032(a), Election Code, is amended
393	393	to read as follows:
394	394	(a) An application for nomination by a convention must be
395	395	filed with:
396	396	(1) the state chair, for a federal, statewide, or
397	397	district office; or
398	398	(2) the county chair, for a county or precinct office.
399	399	SECTION 32. Section 181.068(b), Election Code, is amended
400	400	to read as follows:
401	401	(b) Not later than the 20th day after the date of the
402	402	convention making the nomination, the presiding officer shall
403	403	deliver the certification to:
404	404	(1) the authority responsible for having the official
405	405	general election ballot prepared in the county, for certification
406	406	of a county or precinct office; or
407	407	(2) the secretary of state, for certification of a
408	408	federal, statewide, or district office.
409	409	SECTION 33. Sections 231.008(b) and (c), Election Code, are
410	410	amended to read as follows:
411	411	(b) If the judgment in a contest for an office affects the
412	412	preparation of the ballot for a succeeding election, the clerk
413	413	shall deliver a copy to the authority responsible for having the
414	414	official ballot prepared or, in the case of a federal, statewide, or
415	415	district office, to the authority responsible for certifying the
416	416	names of the candidates for placement on the ballot.
417	417	(c) If the judgment orders that a new general or special
418	418	election be held, the clerk shall deliver a copy to the authority
419	419	responsible for ordering the election. If the judgment orders a new
420	420	primary election, the clerk shall deliver a copy to the state chair
421	421	of the appropriate political party, in the case of a federal,
422	422	statewide, or district office, or to the county chair, in the case
423	423	of a county or precinct office.
424	424	SECTION 34. Section 232.013(d), Election Code, is amended
425	425	to read as follows:
426	426	(d) If the contested election is a primary, the district
427	427	clerk shall deliver a certified copy of the order setting the date
428	428	of the runoff to the state chair of the political party in the case
429	429	of a federal, statewide, or district office or to the county chair
430	430	in the case of a county or precinct office.
431	431	SECTION 35. Section 232.048(c), Election Code, is amended
432	432	to read as follows:
433	433	(c) The candidate receiving the most votes in a new election
434	434	ordered by a court in a primary election contest is the political
435	435	party's nominee, regardless of whether the candidate receives a
436	436	majority vote, if the date of the final canvass of the court-ordered
437	437	primary is on or after:
438	438	(1) the 85th day before the date of the succeeding
439	439	general election in the case of a federal, statewide, or district
440	440	office; or
441	441	(2) the 75th day before the date of the succeeding
442	442	general election in the case of a county or precinct office.
443	443	SECTION 36. Section 252.005, Election Code, is amended to
444	444	read as follows:
445	445	Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
446	446	CANDIDATE. An individual must file a campaign treasurer appointment
447	447	for the individual's own candidacy with:
448	448	(1) the commission, if the appointment is made for
449	449	candidacy for:
450	450	(A) a federal office;
451	451	(A-1) a statewide office;
452	452	(B) a district office filled by voters of more
453	453	than one county;
454	454	(C) a judicial district office filled by voters
455	455	of only one county;
456	456	(D) state senator;
457	457	(E) state representative; or
458	458	(F) the State Board of Education;
459	459	(2) the county clerk, if the appointment is made for
460	460	candidacy for a county office, a precinct office, or a district
461	461	office other than one included in Subdivision (1);
462	462	(3) the clerk or secretary of the governing body of the
463	463	political subdivision or, if the political subdivision has no clerk
464	464	or secretary, with the governing body's presiding officer, if the
465	465	appointment is made for candidacy for an office of a political
466	466	subdivision other than a county;
467	467	(4) the county clerk 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) no boundary of the political subdivision
473	473	crosses a boundary of the county; or
474	474	(5) the commission if:
475	475	(A) the appointment is made for candidacy for an
476	476	office of a political subdivision other than a county;
477	477	(B) the governing body for the political
478	478	subdivision has not been formed; and
479	479	(C) the political subdivision is situated in more
480	480	than one county.
481	481	SECTION 37. This Act takes effect January 1, 2024.