Texas 2025 - 89th Regular

Texas House Bill HB209 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1035 MLH-F
2	2	By: Schofield H.B. No. 209
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4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the separation of federal elections from state and
10	10	local elections, and to related practices and procedures.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1.002(a), Election Code, is amended to
13	13	read as follows:
14	14	(a) This code applies to all general, special, federal, and
15	15	primary elections held in this state.
16	16	SECTION 2. Section 1.005, Election Code, is amended by
17	17	amending Subdivisions (4-b), (7), (14), and (19) and adding
18	18	Subdivisions (4-c) and (4-d) to read as follows:
19	19	(4-b) "Federal election" means a primary or general
20	20	election for a federal office or a resulting runoff election and
21	21	does not include an election held for electors for president and
22	22	vice president of the United States.
23	23	(4-c) "Federal judge" means:
24	24	(A) a judge, former judge, or retired judge of a
25	25	United States court of appeals;
26	26	(B) a judge, former judge, or retired judge of a
27	27	United States district court;
28	28	(C) a judge, former judge, or retired judge of a
29	29	United States bankruptcy court; or
30	30	(D) a magistrate judge, former magistrate judge,
31	31	or retired magistrate judge of a United States district court.
32	32	(4-d) "Federal office" means the office of United
33	33	States senator or United States representative.
34	34	(7) "General election for state and county officers"
35	35	means the general election at which officers of the [federal,]
36	36	state[,] and county governments are elected.
37	37	(14) "Primary election" means an election held by a
38	38	political party under Chapter 172 to select its nominees for public
39	39	office, and, unless the context indicates otherwise, the term
40	40	includes:
41	41	(A) a presidential primary election; and
42	42	(B) a primary election for federal officers.
43	43	(19) "Statewide office" means an office of the
44	44	[federal or] state government that is voted on statewide.
45	45	SECTION 3. Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and
46	46	20, Election Code, are designated as Subtitle A, Title 2, Election
47	47	Code, and a heading is added to Subtitle A to read as follows:
48	48	SUBTITLE A. GENERAL REQUIREMENTS
49	49	SECTION 4. Section 11.002(a), Election Code, is amended to
50	50	read as follows:
51	51	(a) In this code, "qualified voter" means a person who:
52	52	(1) is 18 years of age or older;
53	53	(2) is a United States citizen;
54	54	(3) has not been determined by a final judgment of a
55	55	court exercising probate jurisdiction to be:
56	56	(A) totally mentally incapacitated; or
57	57	(B) partially mentally incapacitated without the
58	58	right to vote;
59	59	(4) has not been finally convicted of a felony or, if
60	60	so convicted, has:
61	61	(A) fully discharged the person's sentence,
62	62	including any term of incarceration, parole, or supervision, or
63	63	completed a period of probation ordered by any court; or
64	64	(B) been pardoned or otherwise released from the
65	65	resulting disability to vote;
66	66	(5) is a resident of this state; and
67	67	(6) is a registered voter under this subtitle.
68	68	SECTION 5. Section 15.003(a), Election Code, is amended to
69	69	read as follows:
70	70	(a) On receipt of a voter registration certificate issued
71	71	under this subtitle [title], the person to whom the certificate is
72	72	issued must personally sign it in the appropriate space.
73	73	SECTION 6. Title 2, Election Code, is amended by adding
74	74	Subtitle B to read as follows:
75	75	SUBTITLE B. FEDERAL ELECTIONS
76	76	CHAPTER 21. GENERAL PROVISIONS
77	77	Sec. 21.001. DEFINITIONS. In this subtitle:
78	78	(1) "Federal ballot" means a ballot that only lists
79	79	elections and candidates for federal office.
80	80	(2) "State election" means an election that is not a
81	81	federal election.
82	82	Sec. 21.002. FEDERAL ELECTIONS SEPARATE. (a)
83	83	Notwithstanding other law, a federal election is a separate
84	84	election from any other election in this state.
85	85	(b) A federal election under this subtitle may not list on
86	86	the federal ballot any proposition or election for state or county
87	87	office.
88	88	(c) To the extent feasible, a federal election and a state
89	89	election shall be held separately and concurrently using the same
90	90	precincts and polling locations.
91	91	Sec. 21.003. RULES. (a) The secretary of state shall adopt
92	92	rules to enact this subtitle.
93	93	(b) The rules adopted under this section must reduce voter
94	94	disruption and confusion to the greatest extent practicable,
95	95	including rules requiring, when practicable, use of the same area
96	96	in which voters are being accepted for voting and the same voting
97	97	stations for state and federal elections.
98	98	CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS
99	99	Sec. 22.001. DEFINITION. In this chapter, "military
100	100	service voter" means:
101	101	(1) a member of the armed forces of the United States;
102	102	(2) a member of the merchant marine of the United
103	103	States;
104	104	(3) a member of the Texas National Guard;
105	105	(4) a member of the National Guard of another state
106	106	serving on active duty under an order of the president of the United
107	107	States;
108	108	(5) a member of a reserve component of the armed forces
109	109	of the United States serving on active duty under an order of the
110	110	president of the United States or activated on state orders; or
111	111	(6) a spouse or dependent of a member of a military
112	112	organization listed in Subdivisions (1) through (5).
113	113	Sec. 22.002. ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To
114	114	be eligible to vote in a federal election in this state, a person
115	115	must:
116	116	(1) be a qualified voter as defined by Section 11.002
117	117	on the day the person offers to vote; or
118	118	(2) meet all requirements for voter eligibility under
119	119	federal law, including any requirements for voter registration,
120	120	and:
121	121	(A) meet all of the requirements to be a
122	122	qualified voter under Section 11.002 except the requirement under
123	123	Section 11.002(a)(6) that the person be a registered voter under
124	124	Subtitle A, and be:
125	125	(i) a military service voter; or
126	126	(ii) domiciled in this state but
127	127	temporarily living outside the territorial limits of the United
128	128	States and the District of Columbia; or
129	129	(B) be unable to complete the registration
130	130	requirements under Subtitle A.
131	131	Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) If
132	132	federal law allows a voter to be eligible to register to vote under
133	133	this subtitle when the same voter would be ineligible to register to
134	134	vote under Subtitle A, the secretary of state shall create and
135	135	maintain a procedure by which a person eligible under Section
136	136	22.002 may submit an application to register to vote under this
137	137	subtitle. The procedure under this section must comply with all
138	138	federal laws for voter registration.
139	139	(b) A person who submits an application for registration
140	140	under Chapter 13 that does not comply with all requirements under
141	141	Subtitle A but does comply with all requirements under federal law
142	142	shall be registered to vote under this subtitle.
143	143	(c) A person registered to vote under Subsection (b) who
144	144	submits an application for registration under Chapter 13 that is
145	145	accepted becomes registered to vote under Subtitle A.
146	146	CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS
147	147	Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority
148	148	preparing a ballot for concurrent federal and state elections shall
149	149	prepare a separate federal ballot for voters registered under this
150	150	subtitle.
151	151	Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.
152	152	(a) A voter registered to vote under Subtitle A may vote:
153	153	(1) a full ballot containing propositions and
154	154	candidates for office in state elections; and
155	155	(2) a ballot containing candidates for office in
156	156	federal elections.
157	157	(b) A voter registered to vote under this subtitle may only
158	158	vote a ballot containing candidates for office in federal
159	159	elections.
160	160	Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and
161	161	reporting procedures for a state election shall be conducted under
162	162	the provisions of this code.
163	163	(b) To the extent possible, voting, tabulation, and
164	164	reporting procedures for a federal election shall be conducted
165	165	under the provisions of this code.
166	166	(c) To the extent that federal law conflicts with a
167	167	provision of this code regarding voting, tabulation, and reporting
168	168	procedures for a federal election, those procedures shall be
169	169	conducted under the provisions of the applicable federal law.
170	170	SECTION 7. Subchapter A, Chapter 41, Election Code, is
171	171	amended by adding Section 41.003 to read as follows:
172	172	Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a)
173	173	The general election for federal officers shall be held on the first
174	174	Tuesday after the first Monday in November in even-numbered years.
175	175	(b) To the extent feasible, the general election for federal
176	176	officers shall be held concurrently with the general election for
177	177	state and county officers.
178	178	SECTION 8. The heading to Section 41.007, Election Code, is
179	179	amended to read as follows:
180	180	Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY
181	181	OFFICERS.
182	182	SECTION 9. Sections 41.007(a) and (d), Election Code, are
183	183	amended to read as follows:
184	184	(a) The general primary election date for state and county
185	185	officers is the first Tuesday in March in each even-numbered year.
186	186	(d) No [other] election other than a primary election for
187	187	federal officers may be held on the date of a primary election.
188	188	SECTION 10. Subchapter A, Chapter 41, Election Code, is
189	189	amended by adding Section 41.0075 to read as follows:
190	190	Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a)
191	191	The primary election date for federal officers is the first Tuesday
192	192	in March in each even-numbered year.
193	193	(b) The runoff primary election date for federal officers is
194	194	the fourth Tuesday in May following the primary election for
195	195	federal officers.
196	196	(c) To the extent feasible, the primary election for federal
197	197	officers shall be held concurrently with the primary election for
198	198	state and county officers.
199	199	SECTION 11. Section 42.002(a), Election Code, is amended to
200	200	read as follows:
201	201	(a) The county election precincts are the election
202	202	precincts for the following elections:
203	203	(1) the general election for state and county
204	204	officers;
205	205	(2) a special election ordered by the governor;
206	206	(3) a primary election;
207	207	(4) a countywide election ordered by the commissioners
208	208	court, county judge, or other county authority, except an election
209	209	subject to Section 42.062(2); [and]
210	210	(5) a federal election; and
211	211	(6) as provided by Section 42.0621, any other election
212	212	held by a political subdivision on a uniform election date.
213	213	SECTION 12. Section 67.010(a), Election Code, is amended to
214	214	read as follows:
215	215	(a) The county election returns for an election for a
216	216	statewide office other than governor or lieutenant governor, a
217	217	statewide measure, a district office, a federal office, or
218	218	president and vice-president of the United States shall be
219	219	canvassed by the governor.
220	220	SECTION 13. Section 84.014, Election Code, is amended to
221	221	read as follows:
222	222	Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
223	223	APPLICATIONS. If an applicant provides a date of birth, driver's
224	224	license number, or social security number on the applicant's
225	225	application for an early voting ballot to be voted by mail that is
226	226	different from or in addition to the information maintained by the
227	227	voter registrar in accordance with Subtitle A, Title 2, the early
228	228	voting clerk shall notify the voter registrar. The voter registrar
229	229	shall update the voter's record with the information provided by
230	230	the applicant.
231	231	SECTION 14. Section 101.052, Election Code, is amended by
232	232	amending Subsections (e), (f), and (j) and adding Subsection (n) to
233	233	read as follows:
234	234	(e) An applicant who otherwise complies with applicable
235	235	requirements is entitled to receive a full ballot to be voted by
236	236	mail under this chapter if:
237	237	(1) the applicant submits a federal postcard
238	238	application to the early voting clerk on or before the 20th day
239	239	before election day; and
240	240	(2) the application contains the information that is
241	241	required for registration under Subtitle A, Title 2.
242	242	(f) The applicant is entitled to receive only a federal
243	243	ballot to be voted by mail under Chapter 114 if:
244	244	(1) the applicant submits the federal postcard
245	245	application to the early voting clerk after the date provided by
246	246	Subsection (e)(1) and before the deadline for submitting a regular
247	247	application for a ballot to be voted by mail; and
248	248	(2) the application contains the information that is
249	249	required for registration under Subtitle A, Title 2.
250	250	(j) If the early voting clerk determines that an application
251	251	that is submitted before the time prescribed by Subsection (e)(1)
252	252	does not contain the information that is required for registration
253	253	under Subtitle A, Title 2, the clerk shall notify the applicant of
254	254	that fact. If the applicant has provided a telephone number or an
255	255	address for receiving mail over the Internet, the clerk shall
256	256	notify the applicant by that medium.
257	257	(n) A federal postcard application that does not meet the
258	258	requirements of Subtitle A, Title 2, may still constitute
259	259	registration for federal elections if the federal postcard
260	260	application meets the requirements of Subtitle B, Title 2.
261	261	SECTION 15. Section 101.053(b), Election Code, is amended
262	262	to read as follows:
263	263	(b) If an applicant provides a date of birth, driver's
264	264	license number, or social security number on the applicant's
265	265	federal postcard application that is different from or in addition
266	266	to the information maintained by the voter registrar in accordance
267	267	with Subtitle A, Title 2, the early voting clerk shall notify the
268	268	voter registrar. The voter registrar shall update the voter's
269	269	record with the information provided by the applicant.
270	270	SECTION 16. Section 101.055, Election Code, is amended by
271	271	amending Subsection (a) and adding Subsection (a-1) to read as
272	272	follows:
273	273	(a) The submission of a federal postcard application that
274	274	complies with the [applicable] requirements of Subtitle A, Title 2,
275	275	by an unregistered applicant constitutes registration by the
276	276	applicant:
277	277	(1) for the purpose of voting in the election for state
278	278	and county officers for which a ballot is requested; and
279	279	(2) under Subtitle A, 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	(a-1) The submission of a federal postcard application that
284	284	complies with the requirements of Subtitle B, Title 2, by an
285	285	unregistered applicant constitutes registration by the applicant:
286	286	(1) for the purpose of voting in the election for
287	287	federal officers for which a ballot is requested; and
288	288	(2) under Subtitle B, Title 2, if the federal postcard
289	289	application complies with the requirements under that subtitle,
290	290	unless the person indicates on the application that the person is
291	291	residing outside the United States indefinitely.
292	292	SECTION 17. Section 142.005, Election Code, is amended to
293	293	read as follows:
294	294	Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An
295	295	application for a place on the ballot must be filed with:
296	296	(1) the secretary of state, for a federal, statewide,
297	297	or district office; or
298	298	(2) the county judge, for a county or precinct office.
299	299	SECTION 18. Section 145.033, Election Code, is amended to
300	300	read as follows:
301	301	Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.
302	302	A candidate must file a withdrawal request with:
303	303	(1) the secretary of state, for a federal, statewide,
304	304	or district office; or
305	305	(2) the authority responsible for having the official
306	306	ballot prepared, for a county or precinct office.
307	307	SECTION 19. Section 145.037(d), Election Code, is amended
308	308	to read as follows:
309	309	(d) The chair must deliver the certification to:
310	310	(1) the secretary of state, for a federal, statewide,
311	311	or district office; or
312	312	(2) the authority responsible for having the official
313	313	ballot prepared, for a county or precinct office.
314	314	SECTION 20. Section 146.024, Election Code, is amended to
315	315	read as follows:
316	316	Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A
317	317	declaration of write-in candidacy must be filed with:
318	318	(1) the secretary of state, for a federal, statewide,
319	319	or district office; or
320	320	(2) the county judge, for a county or precinct office.
321	321	SECTION 21. The heading to Section 161.008, Election Code,
322	322	is amended to read as follows:
323	323	Sec. 161.008. CERTIFICATION OF NOMINEES FOR FEDERAL,
324	324	STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION
325	325	BALLOT.
326	326	SECTION 22. Section 161.008(a), Election Code, is amended
327	327	to read as follows:
328	328	(a) Except as provided by Subsection (c), the secretary of
329	329	state shall certify in writing for placement on the general
330	330	election ballot the name of each candidate nominated at a primary
331	331	election or convention of a political party for a federal,
332	332	statewide, or district office.
333	333	SECTION 23. Section 163.006(d), Election Code, is amended
334	334	to read as follows:
335	335	(d) Before January 15 of each year in which political
336	336	parties hold precinct conventions under this title, the secretary
337	337	of state shall deliver written notice of the requirements of this
338	338	section to the state chair of each party that had a nominee for a
339	339	federal, statewide, or district office on the most recent general
340	340	election ballot.
341	341	SECTION 24. Section 172.059(b), Election Code, is amended
342	342	to read as follows:
343	343	(b) A withdrawal request for the runoff primary must be
344	344	filed with the state chair, for a federal, statewide, or district
345	345	office, or with the county chair, for a county or precinct office.
346	346	SECTION 25. The heading to Section 172.121, Election Code,
347	347	is amended to read as follows:
348	348	Sec. 172.121. CERTIFICATION OF CANDIDATES FOR FEDERAL,
349	349	STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT.
350	350	SECTION 26. Section 172.121(a), Election Code, is amended
351	351	to read as follows:
352	352	(a) The state chair shall certify on the secretary of
353	353	state's website for placement on the runoff primary election ballot
354	354	the name of each general primary candidate for a federal,
355	355	statewide, or district office who is to be a candidate in the
356	356	runoff.
357	357	SECTION 27. The heading to Section 172.122, Election Code,
358	358	is amended to read as follows:
359	359	Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN
360	360	APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL
361	361	REQUIREMENTS FOR FEDERAL, STATEWIDE, AND DISTRICT OFFICES TO
362	362	SECRETARY OF STATE.
363	363	SECTION 28. Section 172.122(a), Election Code, is amended
364	364	to read as follows:
365	365	(a) The state chair shall certify by posting on the
366	366	secretary of state's website the name and address of each primary
367	367	candidate who is nominated for a federal, statewide, or district
368	368	office. The state chair shall execute and file digitally with the
369	369	secretary of state an affidavit certifying that the returns posted
370	370	on the secretary of state's website are the correct and complete
371	371	returns. The secretary of state shall adopt by rule a process to
372	372	allow the chair to submit the affidavit digitally.
373	373	SECTION 29. Section 173.063, Election Code, is amended to
374	374	read as follows:
375	375	Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair
376	376	shall deposit in the state primary fund each filing fee
377	377	accompanying an application for a place on the ballot filed with the
378	378	state chair:
379	379	(1) for a federal office;
380	380	(1-a) for a statewide office; or
381	381	(2) for a district office if the application is filed
382	382	after the regular filing deadline.
383	383	SECTION 30. Section 181.0311(a), Election Code, is amended
384	384	to read as follows:
385	385	(a) In addition to any other requirements, to be considered
386	386	for nomination by convention, a candidate must:
387	387	(1) pay a filing fee to the secretary of state for a
388	388	federal, statewide, or district office or the county judge for a
389	389	county or precinct office; or
390	390	(2) submit to the secretary of state for a federal,
391	391	statewide, or district office or the county judge for a county or
392	392	precinct office a petition in lieu of a filing fee that satisfies
393	393	the requirements prescribed by Subsection (e) and Section 141.062.
394	394	SECTION 31. Section 181.032(a), Election Code, is amended
395	395	to read as follows:
396	396	(a) An application for nomination by a convention must be
397	397	filed with:
398	398	(1) the state chair, for a federal, statewide, or
399	399	district office; or
400	400	(2) the county chair, for a county or precinct office.
401	401	SECTION 32. Section 181.068(b), Election Code, is amended
402	402	to read as follows:
403	403	(b) Not later than the 20th day after the date of the
404	404	convention making the nomination, the presiding officer shall
405	405	deliver the certification to:
406	406	(1) the authority responsible for having the official
407	407	general election ballot prepared in the county, for certification
408	408	of a county or precinct office; or
409	409	(2) the secretary of state, for certification of a
410	410	federal, statewide, or district office.
411	411	SECTION 33. Sections 231.008(b) and (c), Election Code, are
412	412	amended to read as follows:
413	413	(b) If the judgment in a contest for an office affects the
414	414	preparation of the ballot for a succeeding election, the clerk
415	415	shall deliver a copy to the authority responsible for having the
416	416	official ballot prepared or, in the case of a federal, statewide, or
417	417	district office, to the authority responsible for certifying the
418	418	names of the candidates for placement on the ballot.
419	419	(c) If the judgment orders that a new general or special
420	420	election be held, the clerk shall deliver a copy to the authority
421	421	responsible for ordering the election. If the judgment orders a new
422	422	primary election, the clerk shall deliver a copy to the state chair
423	423	of the appropriate political party, in the case of a federal,
424	424	statewide, or district office, or to the county chair, in the case
425	425	of a county or precinct office.
426	426	SECTION 34. Section 232.013(d), Election Code, is amended
427	427	to read as follows:
428	428	(d) If the contested election is a primary, the district
429	429	clerk shall deliver a certified copy of the order setting the date
430	430	of the runoff to the state chair of the political party in the case
431	431	of a federal, statewide, or district office or to the county chair
432	432	in the case of a county or precinct office.
433	433	SECTION 35. Section 232.048(c), Election Code, is amended
434	434	to read as follows:
435	435	(c) The candidate receiving the most votes in a new election
436	436	ordered by a court in a primary election contest is the political
437	437	party's nominee, regardless of whether the candidate receives a
438	438	majority vote, if the date of the final canvass of the court-ordered
439	439	primary is on or after:
440	440	(1) the 85th day before the date of the succeeding
441	441	general election in the case of a federal, statewide, or district
442	442	office; or
443	443	(2) the 75th day before the date of the succeeding
444	444	general election in the case of a county or precinct office.
445	445	SECTION 36. Section 252.005, Election Code, is amended to
446	446	read as follows:
447	447	Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
448	448	CANDIDATE. An individual must file a campaign treasurer appointment
449	449	for the individual's own candidacy with:
450	450	(1) the commission, if the appointment is made for
451	451	candidacy for:
452	452	(A) a federal office;
453	453	(A-1) a statewide office;
454	454	(B) a district office filled by voters of more
455	455	than one county;
456	456	(C) a judicial district office filled by voters
457	457	of only one county;
458	458	(D) state senator;
459	459	(E) state representative; or
460	460	(F) the State Board of Education;
461	461	(2) the county clerk, if the appointment is made for
462	462	candidacy for a county office, a precinct office, or a district
463	463	office other than one included in Subdivision (1);
464	464	(3) the clerk or secretary of the governing body of the
465	465	political subdivision or, if the political subdivision has no clerk
466	466	or secretary, with the governing body's presiding officer, if the
467	467	appointment is made for candidacy for an office of a political
468	468	subdivision other than a county;
469	469	(4) the county clerk if:
470	470	(A) the appointment is made for candidacy for an
471	471	office of a political subdivision other than a county;
472	472	(B) the governing body for the political
473	473	subdivision has not been formed; and
474	474	(C) no boundary of the political subdivision
475	475	crosses a boundary of the county; or
476	476	(5) the commission if:
477	477	(A) the appointment is made for candidacy for an
478	478	office of a political subdivision other than a county;
479	479	(B) the governing body for the political
480	480	subdivision has not been formed; and
481	481	(C) the political subdivision is situated in more
482	482	than one county.
483	483	SECTION 37. This Act takes effect September 1, 2025.