Texas 2025 - 89th Regular

Texas House Bill HB4453 Compare Versions

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11 89R15719 MLH-D
22 By: Bhojani H.B. No. 4453
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to nonpartisan primary elections; authorizing a fee.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Sections 1.005(6) and (14), Election Code, are
1212 amended to read as follows:
1313 (6) "General election" means an election, other than a
1414 primary election held by a political party under Chapter 172 or a
1515 presidential primary election, that regularly recurs at fixed
1616 dates.
1717 (14) "Primary election" means, where the context
1818 indicates, a general [an] election held [by a political party under
1919 Chapter 172] to select candidates [its nominees] for public office,
2020 and, unless the context indicates otherwise, the term includes an
2121 election held by a political party under Chapter 172 to select party
2222 officers and a presidential primary election.
2323 SECTION 2. Section 13.122(a), Election Code, is amended to
2424 read as follows:
2525 (a) In addition to the other statements and spaces for
2626 entering information that appear on an officially prescribed
2727 registration application form, each official form must include:
2828 (1) the statement: "I understand that giving false
2929 information to procure a voter registration is perjury and a crime
3030 under state and federal law.";
3131 (2) a space for the applicant's registration number;
3232 (3) a space for the applicant's Texas driver's license
3333 number or number of a personal identification card issued by the
3434 Department of Public Safety;
3535 (4) a space for the applicant's telephone number;
3636 (5) a space for the applicant's social security
3737 number;
3838 (6) a space for the applicant's sex;
3939 (7) a statement indicating that the furnishing of the
4040 applicant's telephone number and sex is optional;
4141 (8) a space or box for indicating whether the
4242 applicant or voter is submitting new registration information or a
4343 change in current registration information;
4444 (9) a statement instructing a voter who is using the
4545 form to make a change in current registration information to enter
4646 the voter's name and the changed information in the appropriate
4747 spaces on the form;
4848 (10) a statement that if the applicant declines to
4949 register to vote, that fact will remain confidential and will be
5050 used only for voter registration purposes;
5151 (11) a statement that if the applicant does register
5252 to vote, information regarding the agency or office to which the
5353 application is submitted will remain confidential and will be used
5454 only for voter registration purposes;
5555 (12) a space or box for indicating whether the
5656 applicant is interested in working as an election judge;
5757 (13) a statement warning that a conviction for making
5858 a false statement may result in imprisonment for up to the maximum
5959 amount of time provided by law, a fine of up to the maximum amount
6060 provided by law, or both the imprisonment and the fine;
6161 (14) a space or box for indicating the applicant's
6262 party affiliation or alignment, if any; and
6363 (15) [(14)] any other voter registration information
6464 required by federal law or considered appropriate and required by
6565 the secretary of state.
6666 SECTION 3. Section 31.032(a), Election Code, is amended to
6767 read as follows:
6868 (a) The position of county elections administrator is
6969 filled by appointment of the county election commission, which
7070 consists of:
7171 (1) the county judge, as chair;
7272 (2) the county clerk, as vice chair;
7373 (3) the county tax assessor-collector, as secretary;
7474 and
7575 (4) the county chair of each political party that
7676 holds a [made nominations by] primary election in the year [for the
7777 last general election for state and county officers] preceding the
7878 date of the meeting at which the appointment is made.
7979 SECTION 4. Section 31.124(b), Election Code, is amended to
8080 read as follows:
8181 (b) A county election officer of each county shall deliver
8282 written notice of the time and place of the meeting required by
8383 Subsection (a) not later than 72 hours before the meeting date to
8484 the county chair of each political party that made nominations in
8585 the most recent presidential [by] primary election [for the general
8686 election for state and county officers] preceding the date of the
8787 meeting.
8888 SECTION 5. Section 31.153(a), Election Code, is amended to
8989 read as follows:
9090 (a) The joint elections commission consists of:
9191 (1) from each county that has adopted an order to have
9292 its elections conducted by the joint elections administrator, the
9393 county judge, county clerk, and county tax assessor-collector;
9494 (2) from each county described in Subdivision (1), the
9595 county chair of each political party that made nominations in the
9696 most recent presidential [by] primary election [for the last
9797 general election for state and county officers] preceding the date
9898 of the meeting at which the appointment is made; and
9999 (3) a representative from each participating entity
100100 other than a county.
101101 SECTION 6. Section 32.002(c), Election Code, is amended to
102102 read as follows:
103103 (c) The presiding judge and alternate presiding judge must
104104 be affiliated or aligned with different political parties, subject
105105 to this subsection. Before July of each year in a county to which
106106 Subsection (a)(1) applies or before August of each year in a county
107107 to which Subsection (a)(2) applies, the county chair of a political
108108 party whose candidate for president [governor] received the highest
109109 or second highest number of votes in the county in the most recent
110110 presidential [gubernatorial] general election shall submit in
111111 writing to the commissioners court a list of names of persons in
112112 order of preference for each precinct who are eligible for
113113 appointment as an election judge. The county chair may supplement
114114 the list of names of persons until the 20th day before a general
115115 election or the 15th day before a special election in case an
116116 appointed election judge becomes unable to serve. The
117117 commissioners court shall appoint the first person meeting the
118118 applicable eligibility requirements from the list submitted in
119119 compliance with this subsection by the party with the highest
120120 number of votes in the precinct in the most recent presidential
121121 general election as the presiding judge and the first person
122122 meeting the applicable eligibility requirements from the list
123123 submitted in compliance with this subsection by the party with the
124124 second highest number of votes in the precinct as the alternate
125125 presiding judge. If the candidates for president [governor] of two
126126 political parties received the same number of votes in the
127127 precinct, the first person meeting the applicable eligibility
128128 requirements from the list submitted by the party whose candidate
129129 for president [governor] received the highest number of votes in
130130 the county shall be appointed as the presiding judge and the first
131131 person meeting the applicable eligibility requirements from the
132132 list submitted by the party whose candidate for president
133133 [governor] received the second highest number of votes in the
134134 county shall be appointed as the alternate presiding judge. The
135135 commissioners court may reject the list if the persons whose names
136136 are submitted on the list are determined not to meet the applicable
137137 eligibility requirements.
138138 SECTION 7. Sections 32.034(b) and (e), Election Code, are
139139 amended to read as follows:
140140 (b) The county chair of a political party whose candidate
141141 for president [governor] received the highest or second highest
142142 number of votes in the county in the most recent presidential
143143 [gubernatorial] general election may, not later than the 25th day
144144 before a general election or the 10th day before a special election
145145 to which Subsection (a) applies, submit to a presiding judge a list
146146 containing the names of at least two persons who are eligible for
147147 appointment as a clerk. If a timely list is submitted, the
148148 presiding judge shall appoint at least one clerk from the list,
149149 except as provided by Subsection (c).
150150 (e) If a presiding judge has not been appointed at the time
151151 the county chair of a political party is required to submit a list
152152 of names for the appointment of a clerk under this section, the list
153153 of names shall be submitted to the county chair of the political
154154 party whose candidate for president [governor] received the most
155155 votes in the precinct in the most recent presidential
156156 [gubernatorial] election and to the commissioners court. The
157157 county chair, or the commissioners court in a county without a
158158 county chair, shall appoint clerks from the list in the same manner
159159 provided for a presiding judge to appoint clerks by this section.
160160 SECTION 8. Sections 41.007(a) and (b), Election Code, are
161161 amended to read as follows:
162162 (a) The date for the general primary election and for a
163163 primary election held by a political party under Chapter 172 [date]
164164 is the first Tuesday in March in each even-numbered year.
165165 (b) The runoff [primary] election date for a primary
166166 election held by a political party under Chapter 172 is the fourth
167167 Tuesday in May following the general primary election.
168168 SECTION 9. Section 51.002(b), Election Code, is amended to
169169 read as follows:
170170 (b) For the general election for state and county officers
171171 and for a special election for an officer regularly elected at the
172172 general election, the county election board consists of the county
173173 judge, county clerk, voter registrar, sheriff, and county chair of
174174 each political party that holds a [required to nominate candidates
175175 by] primary election. For other elections, the board consists of
176176 the county judge, county clerk, voter registrar, and sheriff.
177177 SECTION 10. Section 52.091(b), Election Code, is amended to
178178 read as follows:
179179 (b) Columns of parties specified by Subsection (a)(1) shall
180180 be arranged in descending order of the number of votes received
181181 statewide by each party's candidate for president [governor] in the
182182 most recent presidential [gubernatorial] general election,
183183 beginning on the left with the party whose candidate received the
184184 highest number of votes. Columns of parties that did not have a
185185 candidate for president [governor] in the most recent presidential
186186 [gubernatorial] general election shall appear after the columns of
187187 parties that had a candidate, and the order of their columns shall
188188 be determined by a drawing conducted by the secretary of state.
189189 SECTION 11. Sections 87.002(c) and (d), Election Code, are
190190 amended to read as follows:
191191 (c) In the general election for state and county officers,
192192 each county chair of a political party with an affiliated candidate
193193 [nominees] on the general election ballot shall submit to the
194194 county election board a list of names of persons eligible to serve
195195 on the early voting ballot board in order of the county chair's
196196 preference. The county election board shall appoint at least one
197197 person from each list to serve as a member of the early voting
198198 ballot board. The same number of members must be appointed from
199199 each list. The county election board shall appoint persons as
200200 members of the early voting ballot board in the order of preference
201201 indicated on each list.
202202 (d) In addition to the members appointed under Subsection
203203 (c), the county election board shall appoint as the presiding judge
204204 the highest-ranked person on the list provided under that
205205 subsection by the political party whose nominee for president
206206 [governor] received the most votes in the county in the most recent
207207 presidential [gubernatorial] general election and as the alternate
208208 presiding judge the highest-ranked person on the list provided
209209 under that subsection by the political party whose nominee for
210210 president [governor] received the second most votes in the county
211211 in the most recent presidential [gubernatorial] general election.
212212 SECTION 12. Section 87.027(d), Election Code, is amended to
213213 read as follows:
214214 (d) The early voting clerk shall determine the number of
215215 members who are to compose the signature verification committee and
216216 shall state that number in the order calling for the committee's
217217 appointment. A committee must consist of not fewer than five
218218 members. In an election in which party alignment is indicated on
219219 the ballot, each county chair of a political party with a nominee or
220220 aligned candidate on the ballot shall submit to the appointing
221221 authority a list of names of persons eligible to serve on the
222222 signature verification committee in order of the county chair's
223223 preference. The authority shall appoint at least two persons from
224224 each list in the order of preference indicated on each list to serve
225225 as members of the committee. The same number of members must be
226226 appointed from each list. The authority shall appoint as chair of
227227 the committee the highest-ranked person on the list provided by the
228228 political party whose nominee for president [governor] received the
229229 most votes in the county in the most recent presidential
230230 [gubernatorial] general election. The authority shall appoint as
231231 vice chair of the committee the highest-ranked person on the list
232232 provided by the political party whose nominee for president
233233 [governor] received the second most votes in the county in the most
234234 recent presidential [gubernatorial] general election. A vacancy on
235235 the committee shall be filled by appointment from the original list
236236 or from a new list submitted by the appropriate county chair.
237237 SECTION 13. Section 141.001(a), Election Code, is amended
238238 to read as follows:
239239 (a) To be eligible to be a candidate for, or elected or
240240 appointed to, a public elective office in this state, a person must:
241241 (1) be a United States citizen;
242242 (2) be 18 years of age or older on the first day of the
243243 term to be filled at the election or on the date of appointment, as
244244 applicable;
245245 (3) have not been determined by a final judgment of a
246246 court exercising probate jurisdiction to be:
247247 (A) totally mentally incapacitated; or
248248 (B) partially mentally incapacitated without the
249249 right to vote;
250250 (4) have not been finally convicted of a felony from
251251 which the person has not been pardoned or otherwise released from
252252 the resulting disabilities;
253253 (5) have resided continuously in the state for 12
254254 months and in the territory from which the office is elected for six
255255 months immediately preceding the following date:
256256 (A) for a candidate whose name is to appear on a
257257 general primary election ballot, the date of the regular filing
258258 deadline for a candidate's application for a place on the ballot;
259259 (B) for a [an independent] candidate for office
260260 in an election where candidates are not nominated by primary
261261 election, the date of the regular filing deadline for a candidate's
262262 application for a place on the ballot;
263263 (C) for a write-in candidate, the date of the
264264 election at which the candidate's name is written in;
265265 (D) for a party nominee who is nominated by any
266266 method other than by primary election, the date the nomination is
267267 made; and
268268 (E) for an appointee to an office, the date the
269269 appointment is made;
270270 (6) on the date described by Subdivision (5), be
271271 registered to vote in the territory from which the office is
272272 elected; and
273273 (7) satisfy any other eligibility requirements
274274 prescribed by law for the office.
275275 SECTION 14. Subchapter A, Chapter 141, Election Code, is
276276 amended by adding Sections 141.005 and 141.006 to read as follows:
277277 Sec. 141.005. PRIMARY ELECTION REQUIRED. (a) Except as
278278 otherwise provided by this code, candidates in the general election
279279 for offices of state and county government and the United States
280280 Congress must be chosen by primary election as provided by this
281281 code.
282282 (b) All eligible voters may vote in a primary election
283283 described by this section without regard to political party
284284 alignment.
285285 (c) A political party or state executive committee may not
286286 nominate candidates in the general election for offices of state
287287 and county government and the United States Congress. This
288288 subsection may not be interpreted to prohibit a political party or
289289 state executive committee from endorsing, supporting, or opposing
290290 those candidates.
291291 (d) The secretary of state shall adopt rules to implement
292292 this section.
293293 Sec. 141.006. DETERMINATION OF CANDIDATES FOR GENERAL
294294 ELECTION. (a) Notwithstanding any other provision of this code,
295295 the two candidates who receive the highest and second highest
296296 number of votes in a primary election held to choose candidates for
297297 the general election for offices of state and county government and
298298 the United States Congress are the candidates for that election.
299299 (b) The secretary of state shall adopt rules to implement
300300 this section.
301301 SECTION 15. Subchapter B, Chapter 141, Election Code, is
302302 amended by adding Section 141.030 to read as follows:
303303 Sec. 141.030. APPLICATION REQUIRED. (a) To be entitled to
304304 a place on the general primary election ballot under Section
305305 141.005, a candidate must make an application for a place on the
306306 ballot.
307307 (b) An application must, in addition to complying with
308308 Section 141.031, be accompanied by the appropriate filing fee or a
309309 petition in lieu of the filing fee that satisfies the requirements
310310 prescribed by Section 141.062.
311311 (c) A candidate may indicate the candidate's party
312312 affiliation or alignment, if any, on the application.
313313 (d) An application filed by mail is considered to be filed
314314 at the time of its receipt by the appropriate authority.
315315 (e) The circulation of a petition to be filed under this
316316 subchapter in connection with a candidate's application for a place
317317 on the ballot does not constitute candidacy or an announcement of
318318 candidacy for purposes of the automatic resignation provisions of
319319 Section 65, Article XVI, or Section 11, Article XI, Texas
320320 Constitution.
321321 (f) A candidate for an office specified by Section
322322 141.0315(a)(8), (10), or (12), or for justice of the peace in a
323323 county with a population of more than 1.5 million, who chooses to
324324 pay the filing fee must also accompany the application with a
325325 petition for a place on the primary ballot as a candidate for
326326 judicial office that complies with the requirements prescribed for
327327 the petition authorized by Subsection (b), except that the minimum
328328 number of signatures that must appear on the petition required by
329329 this subsection is 250. If the candidate chooses to file the
330330 petition authorized by Subsection (b) in lieu of the filing fee, the
331331 minimum number of signatures required for that petition is
332332 increased by 250. Signatures on a petition filed under this
333333 subsection or Subsection (b) by a candidate covered by this
334334 subsection may not be obtained on the grounds of a county courthouse
335335 or courthouse annex.
336336 (g) A candidate for the office of chief justice or justice,
337337 supreme court, or presiding judge or judge, court of criminal
338338 appeals, who chooses to pay the filing fee must also accompany the
339339 application with a petition that complies with the requirements
340340 prescribed for a petition authorized by Subsection (b), except that
341341 the minimum number of signatures that must appear on the petition
342342 required by this subsection is 50 from each court of appeals
343343 district.
344344 SECTION 16. Section 172.024, Election Code, is transferred
345345 to Subchapter B, Chapter 141, Election Code, and redesignated as
346346 Section 141.0315, Election Code, to read as follows:
347347 Sec. 141.0315 [172.024]. FILING FEE. (a) The filing fee
348348 for a candidate for nomination in the general primary election is as
349349 follows:
350350 (1) United States senator$5,000
351351 (2) office elected statewide, except United States
352352 senator3,750
353353 (3) United States representative3,125
354354 (4) state senator1,250
355355 (5) state representative750
356356 (6) member, State Board of Education300
357357 (7) chief justice or justice, court of appeals, other
358358 than a justice specified by Subdivision (8)1,875
359359 (8) chief justice or justice of a court of appeals that
360360 serves a court of appeals district in which a county with a
361361 population of more than 1.2 million is wholly or partly
362362 situated2,500
363363 (9) district judge or judge specified by Section
364364 52.092(d) for which this schedule does not otherwise prescribe a
365365 fee1,500
366366 (10) district or criminal district judge of a court in
367367 a judicial district wholly contained in a county with a population
368368 of more than 1.5 million2,500
369369 (11) judge, statutory county court, other than a judge
370370 specified by Subdivision (12)1,500
371371 (12) judge of a statutory county court in a county with
372372 a population of more than 1.5 million2,500
373373 (13) district attorney, criminal district attorney,
374374 or county attorney performing the duties of a district
375375 attorney1,250
376376 (14) county commissioner, district clerk, county
377377 clerk, sheriff, county tax assessor-collector, county treasurer,
378378 or judge, constitutional county court:
379379 (A) county with a population of 200,000 or
380380 more1,250
381381 (B) county with a population of under
382382 200,000750
383383 (15) justice of the peace or constable:
384384 (A) county with a population of 200,000 or
385385 more1,000
386386 (B) county with a population of under
387387 200,000375
388388 (16) county surveyor75
389389 (17) office of the county government for which this
390390 schedule does not otherwise prescribe a fee750
391391 (b) If a fee prescribed by Subsection (a) is declared
392392 invalid by a final judgment of a court, the secretary of state shall
393393 prescribe a filing fee consistent with the judgment to replace the
394394 invalidated fee.
395395 SECTION 17. Subchapter B, Chapter 141, Election Code, is
396396 amended by adding Section 141.0316 to read as follows:
397397 Sec. 141.0316. NUMBER OF PETITION SIGNATURES REQUIRED. The
398398 minimum number of signatures that must appear on the petition
399399 authorized by Section 141.030(b) is:
400400 (1) 5,000, for a statewide office; or
401401 (2) for a district, county, or precinct office, the
402402 lesser of:
403403 (A) 500; or
404404 (B) two percent of the total vote received in the
405405 district, county, or precinct, as applicable, by all the candidates
406406 for governor in the most recent gubernatorial general election,
407407 unless that number is under 50, in which case the required number of
408408 signatures is the lesser of:
409409 (i) 50; or
410410 (ii) 20 percent of that total vote.
411411 SECTION 18. Section 141.039, Election Code, is amended to
412412 read as follows:
413413 Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to
414414 the other statements and spaces for entering information that
415415 appear on an officially prescribed form for an application for a
416416 place on the ballot, each official form for an application that a
417417 candidate is required to file under this code must include:
418418 (1) a space for indicating the form in which the
419419 candidate's name is to appear on the ballot;
420420 (2) a space for the candidate's public mailing
421421 address;
422422 (3) spaces for the candidate's home and office
423423 telephone numbers and e-mail address at which the candidate
424424 receives correspondence relating to the candidate's campaign;
425425 (4) a statement informing candidates that the
426426 furnishing of the telephone numbers is optional;
427427 (5) a statement informing candidates that knowingly
428428 providing false information on the application under Section
429429 141.031(a)(4)(G) constitutes a Class B misdemeanor; [and]
430430 (6) a statement informing candidates that a candidate
431431 who indicates under Section 141.031(a)(4)(G) that the candidate has
432432 been convicted of a felony must comply with the requirements of
433433 Section 141.031(a-1); and
434434 (7) in an election where nominating partisan
435435 candidates is authorized, space for the candidate to list a party
436436 affiliation.
437437 SECTION 19. Section 141.070(a), Election Code, is amended
438438 to read as follows:
439439 (a) If, since the most recent presidential [gubernatorial]
440440 general election, a district or precinct from which an officer of
441441 the federal, state, or county government is elected is created or
442442 has had its boundary changed, the number of votes received in the
443443 district or precinct by a political party's presidential
444444 [gubernatorial] candidate or by all the presidential
445445 [gubernatorial] candidates shall be estimated, as provided by this
446446 section, for the purpose of computing the number of signatures
447447 required on a candidate's petition.
448448 SECTION 20. Section 145.001(e), Election Code, is amended
449449 to read as follows:
450450 (e) This section does not apply to a candidate:
451451 (1) for president or vice-president of the United
452452 States; or
453453 (2) chosen by general primary election.
454454 SECTION 21. Sections 145.003(b) and (h), Election Code, are
455455 amended to read as follows:
456456 (b) Except as provided by Subsection (f-1), a candidate in
457457 the general election for state and county officers may be declared
458458 ineligible before the 30th day preceding election day by[:
459459 [(1) the party officer responsible for certifying the
460460 candidate's name for placement on the general election ballot, in
461461 the case of a candidate who is a political party's nominee;
462462 [(2)] the authority with whom the candidate's
463463 application for a place on the ballot is required to be filed[, in
464464 the case of an independent candidate;] or
465465 [(3)] the secretary of state, if the candidate is
466466 ineligible under Subsection (f)(3).
467467 (h) If a candidate is declared ineligible [after the
468468 deadline for omitting an ineligible candidate's name from the
469469 ballot], the authority making the declaration shall promptly
470470 certify in writing the declaration of ineligibility to the
471471 canvassing authority for the election.
472472 SECTION 22. The heading to Subchapter D, Chapter 145,
473473 Election Code, is amended to read as follows:
474474 SUBCHAPTER D. CANDIDATE IN ELECTION IN WHICH CANDIDATES ARE NOT
475475 CHOSEN BY [OTHER THAN] GENERAL PRIMARY ELECTION [FOR STATE AND
476476 COUNTY OFFICERS]
477477 SECTION 23. Section 146.0231(a), Election Code, is amended
478478 to read as follows:
479479 (a) The filing fee for a write-in candidate is the amount
480480 prescribed by Section 141.0315 [172.024] for a candidate [for
481481 nomination] for the same office in a general primary election.
482482 SECTION 24. Section 146.0232, Election Code, is amended to
483483 read as follows:
484484 Sec. 146.0232. NUMBER OF PETITION SIGNATURES REQUIRED. The
485485 minimum number of signatures that must appear on the petition
486486 authorized by Section 146.023(b) is the number prescribed by
487487 Section 141.0316 [172.025] to appear on a petition of a candidate
488488 [for nomination] for the same office in a general primary election.
489489 SECTION 25. Chapter 161, Election Code, is amended by
490490 adding Section 161.0035 to read as follows:
491491 Sec. 161.0035. PARTY PRIMARY ELECTIONS. In this title, any
492492 reference to a general primary election, primary election, or
493493 nominating convention means an election or convention restricted to
494494 the selection of:
495495 (1) party officers; or
496496 (2) a party's nominees for president or
497497 vice-president.
498498 SECTION 26. Section 163.006(d), Election Code, is amended
499499 to read as follows:
500500 (d) Before January 15 of each year in which political
501501 parties hold precinct conventions under this title, the secretary
502502 of state shall deliver written notice of the requirements of this
503503 section to the state chair of each party that had a nominee for
504504 president or vice-president [a statewide or district office] on the
505505 most recent general election ballot.
506506 SECTION 27. The heading to Subtitle B, Title 10, Election
507507 Code, is amended to read as follows:
508508 SUBTITLE B. PARTIES SELECTING PARTY OFFICERS [NOMINATING] BY
509509 PRIMARY ELECTION
510510 SECTION 28. Section 172.002(c), Election Code, is amended
511511 to read as follows:
512512 (c) For a political party to be entitled to hold a primary
513513 election [under this section], the state chair, not later than one
514514 year before general election day, must deliver written notice to
515515 the secretary of state that the party will hold a primary election
516516 in the general election year.
517517 SECTION 29. Section 172.021(e), Election Code, is amended
518518 to read as follows:
519519 (e) A candidate for an office specified by Section
520520 141.0315(a)(8) [172.024(a)(8)], (10), or (12), or for justice of
521521 the peace in a county with a population of more than 1.5 million,
522522 who chooses to pay the filing fee must also accompany the
523523 application with a petition for a place on the primary ballot as a
524524 candidate for judicial office that complies with the requirements
525525 prescribed for the petition authorized by Subsection (b), except
526526 that the minimum number of signatures that must appear on the
527527 petition required by this subsection is 250. If the candidate
528528 chooses to file the petition authorized by Subsection (b) in lieu of
529529 the filing fee, the minimum number of signatures required for that
530530 petition is increased by 250. Signatures on a petition filed under
531531 this subsection or Subsection (b) by a candidate covered by this
532532 subsection may not be obtained on the grounds of a county courthouse
533533 or courthouse annex.
534534 SECTION 30. Section 172.061(a), Election Code, is amended
535535 to read as follows:
536536 (a) Except for Section [Sections 172.058(b),] 172.059(c),
537537 [and 172.060(b),] this subchapter applies to a candidate for county
538538 chair or precinct chair.
539539 SECTION 31. Section 172.088(e), Election Code, is amended
540540 to read as follows:
541541 (e) The minimum number of signatures that must appear on the
542542 petition is five percent of the total vote received by all
543543 candidates for president [governor] in the party's most recent
544544 presidential [gubernatorial] general primary election.
545545 SECTION 32. Section 172.089, Election Code, is amended to
546546 read as follows:
547547 Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party
548548 offices of county chair and precinct chair shall be listed on the
549549 primary election ballot after the candidates for the presidential
550550 and vice-presidential nomination [public offices] with the office
551551 of county chair listed first.
552552 SECTION 33. Section 172.112, Election Code, is amended to
553553 read as follows:
554554 Sec. 172.112. WRITE-IN VOTING. Write-in voting in a
555555 primary election is [not] permitted only for the offices of county
556556 chair and precinct chair.
557557 SECTION 34. Section 172.126(b), Election Code, is amended
558558 to read as follows:
559559 (b) The county clerk shall determine whether to consolidate
560560 election precincts under Section 42.009 and shall designate the
561561 location of the polling place in a consolidated precinct. To the
562562 extent possible, a polling place shall be designated that will
563563 accommodate the precinct conventions of each political party. [If a
564564 polling place, whether for a regular or consolidated precinct, is
565565 not suitable for more than one precinct convention, the polling
566566 place may be used by the party whose candidate for governor received
567567 the most votes in the county in the most recent gubernatorial
568568 general election.]
569569 SECTION 35. Section 173.083(d), Election Code, is amended
570570 to read as follows:
571571 (d) The final installment may not be paid until a report is
572572 filed in compliance with Section 173.084 [and, in the case of a
573573 county chair, a report is also filed in compliance with Section
574574 172.124]. On the filing of the report, the secretary of state shall
575575 calculate the amount of the final installment and prepare and
576576 deliver to the comptroller of public accounts a certified statement
577577 indicating that amount and the appropriate county or state chair's
578578 name.
579579 SECTION 36. Section 191.001, Election Code, is amended to
580580 read as follows:
581581 Sec. 191.001. PARTIES REQUIRED TO HOLD PRESIDENTIAL PRIMARY
582582 ELECTION. To be entitled to have its nominees for president and
583583 vice-president of the United States placed on the general election
584584 ballot in a particular presidential election year, a political
585585 party must hold a presidential primary election in this state if:
586586 (1) [in the presidential election year, the party is
587587 required by this code to nominate its candidates for state and
588588 county offices by primary election;
589589 [(2)] a presidential primary election is authorized
590590 under national party rules; and
591591 (2) [(3)] before January 1 of the presidential
592592 election year, the national party has determined that it will hold a
593593 national presidential nominating convention that year.
594594 SECTION 37. The heading to Section 191.031, Election Code,
595595 is amended to read as follows:
596596 Sec. 191.031. NATIONAL PRESIDENTIAL NOMINATING CONVENTION
597597 [PARTY HOLDING PRIMARY ELECTION].
598598 SECTION 38. Sections 191.031(a) and (b), Election Code, are
599599 amended to read as follows:
600600 (a) If a political party [holding a primary election in a
601601 presidential election year] desires to send delegates to a national
602602 presidential nominating convention of the party, the party shall
603603 select the delegates at a state convention convened on a date
604604 adopted by the state executive committee occurring in the
605605 presidential election year. [Before the date of the party's
606606 precinct conventions held under Chapter 174, the party's state
607607 executive committee shall choose the date, hour, and place for the
608608 state convention.]
609609 (b) The state convention shall consist of delegates
610610 selected at the party's county and senatorial district conventions
611611 [held under Chapter 174].
612612 SECTION 39. Section 202.004(a), Election Code, is amended
613613 to read as follows:
614614 (a) A candidate [political party's nominee] for an
615615 unexpired term must be chosen [nominated] by primary election if[:
616616 [(1) the political party is making nominations by
617617 primary election for the general election in which the vacancy is to
618618 be filled; and
619619 [(2)] the vacancy occurs on or before the fifth day
620620 before the date of the regular deadline for candidates to file
621621 applications for a place on the general primary ballot.
622622 SECTION 40. Section 203.005(b), Election Code, is amended
623623 to read as follows:
624624 (b) An application must, in addition to complying with
625625 Section 141.031:
626626 (1) state the political party with which the candidate
627627 is aligned or, if the candidate is not aligned with a party, state
628628 that fact; and
629629 (2) be accompanied by:
630630 (A) a filing fee in the amount prescribed by
631631 Section 141.0315 [172.024] for a candidate for [nomination for] the
632632 same office in a general primary election; or
633633 (B) a petition that satisfies the requirements
634634 prescribed by Section 141.062.
635635 SECTION 41. Section 257.005(a), Election Code, is amended
636636 to read as follows:
637637 (a) Except as provided by this section, the following are
638638 subject to the requirements of this title that apply to a candidate
639639 for public office:
640640 (1) a candidate for state chair of a political party
641641 with an affiliated candidate [a nominee] on the ballot in the most
642642 recent gubernatorial general election; and
643643 (2) a candidate for election to the office of county
644644 chair of a political party with an affiliated candidate [a nominee]
645645 on the ballot in the most recent gubernatorial general election if
646646 the county has a population of 350,000 or more.
647647 SECTION 42. The following provisions are repealed:
648648 (1) Subtitle C, Title 10, Election Code;
649649 (2) Chapter 142, Election Code;
650650 (3) Subchapters B and C, Chapter 145, Election Code;
651651 (4) Sections 161.008, 162.015, 162.016, 172.001,
652652 172.117, 172.121, 172.122, 172.123, 172.124, 191.032, 202.005,
653653 202.006, 202.007, 204.004, and 232.046, Election Code;
654654 (5) Sections 171.054(e), 172.002(a), 172.058(b), and
655655 172.060(b), Election Code; and
656656 (6) Section 572.027(d), Government Code.
657657 SECTION 43. This Act takes effect September 1, 2025.