89R15849 MPF-D
By: Swanson H.B. No. 4842
A BILL TO BE ENTITLED
AN ACT
relating to the conduct and administration of elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.012, Election Code, is amended by
adding Subsections (i) and (j) to read as follows:
(i) Notwithstanding Chapter 552, Government Code, any
information on a ballot that relates to the specific polling place
at which the voter cast the ballot is confidential and not subject
to disclosure under that chapter.
(j) A county election official may withhold information
described by Subsection (i) without requesting a decision from the
attorney general under Subchapter G, Chapter 552, Government Code.
SECTION 2. Section 32.053(b), Election Code, is amended to
read as follows:
(b) This section does not apply to[:
[(1)] a county clerk[; or
[(2) a precinct chair declared elected under Section
171.0221].
SECTION 3. Sections 42.0051(a) and (c), Election Code, are
amended to read as follows:
(a) Notwithstanding Section 43.005, a commissioner's court
may combine county election precincts for a general or special
election [This section applies only to a county with a population of
less than 1.2 million that does not participate in the countywide
polling place program described by Section 43.007].
(c) A combined precinct under this section may not contain
less than 2,000 registered voters or more than 5,000 [10,000]
registered voters.
SECTION 4. Section 43.007(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall implement a program to
allow each commissioners court participating in the program to
[eliminate county election precinct polling places and] establish
countywide polling places at each county election precinct for:
(1) any election required to be conducted by the
county;
(2) any election held as part of a joint election
agreement with a county under Chapter 271;
(3) any election held under contract for election
services with a county under Subchapter D, Chapter 31;
(4) each primary election and runoff primary election
if:
(A) the county chair or county executive
committee of each political party participating in a joint primary
election under Section 172.126 agrees to the use of countywide
polling places; or
(B) the county chair or county executive
committee of each political party required to nominate candidates
by primary election agrees to use the same countywide polling
places; and
(5) each election of a political subdivision located
in the county that is held jointly with an election described by
Subdivision (3) or (4).
SECTION 5. Section 65.014(c), Election Code, is amended to
read as follows:
(c) The returns shall be prepared as an original and three
copies, and on completing the returns, the presiding judge shall:
(1) complete a reconciliation of the number of voters
and the number of votes cast; and
(2) sign each return [one] to certify its accuracy.
SECTION 6. Section 129.023(c), Election Code, is amended to
read as follows:
(c) The general custodian of election records shall adopt
procedures for testing that:
(1) direct the testing board to cast votes;
(2) verify that each contest position, as well as each
precinct and ballot style, on the ballot can be voted and is
accurately counted;
(3) include overvotes and undervotes for each race, if
applicable to the system being tested;
(4) include write-in votes, when applicable to the
election;
(5) include provisional votes, if applicable to the
system being tested;
(6) calculate the expected results from the test
ballots;
(7) ensure that each voting machine has any public
counter reset to zero and presented to the testing board for
verification before testing;
(8) require that, for each feature of the system that
allows disabled voters to cast a ballot, at least one vote be cast
and verified by a two-person testing board team using that feature;
[and]
(9) require that, when all votes are cast, the general
custodian of election records and the testing board observe the
tabulation of all ballots and compare the actual results to the
expected results; and
(10) verify that, for an election in which a poll list
in the form of an electronic device is used, the precinct and ballot
style associated with each voter on the poll list matches the
precinct and ballot style provided to the voter.
SECTION 7. Sections 171.022(a) and (b), Election Code, are
amended to read as follows:
(a) A county executive committee consists of:
(1) a county chair, who is the presiding officer,
elected at the general primary election by majority vote of the
qualified voters of the county who vote in the primary on that
office or appointed by the county executive committee as provided
by this subchapter; and
(2) a precinct chair from each county election
precinct, elected using hand-marked paper ballots at the political
party's convention or other party meeting and as otherwise provided
by party rule [at the general primary by majority vote of the
qualified voters of the precinct who vote in the primary on that
office, subject to Section 171.0221], or appointed by the county
executive committee as provided by this subchapter.
(b) Except as provided by Subsection (d), if no candidate
for county chair receives a majority of the votes, a runoff to
determine the chair [office] is conducted in the same manner as a
runoff primary election to determine a nomination for public
office. The candidates to be in a runoff are determined in the same
manner as candidates in a runoff for a nomination.
SECTION 8. Section 171.0231, Election Code, is amended to
read as follows:
Sec. 171.0231. WRITE-IN CANDIDATE FOR COUNTY CHAIR [OR
PRECINCT CHAIR]. (a) Write-in candidates are not permitted for
county chair [or precinct chair] unless a county executive
committee authorizes write-in candidates.
(b) If the county executive committee authorizes write-in
candidates:
(1) a write-in vote for the office of county chair or
precinct chair may not be counted unless the name written in appears
on the list of write-in candidates;
(2) to be entitled to a place on the list of write-in
candidates, a candidate must make a declaration of write-in
candidacy;
(3) a declaration of write-in candidacy must be filed
with the authority with whom an application for a place on the
ballot is required to be filed for the office;
(4) a declaration of write-in candidacy must be filed
not later than 6 p.m. of the fifth day after the date of the filing
deadline for the general primary election;
(5) with the appropriate modifications and to the
extent practicable, Subchapter B, Chapter 146, applies to write-in
voting for the office of county chair [or precinct chair]; and
(6) the secretary of state shall prescribe any
procedures necessary to implement this subsection.
SECTION 9. Section 171.028(a), Election Code, is amended to
read as follows:
(a) Not later than the 30th day after the date the term of
office of a new county chair begins, the person formerly serving as
the county chair shall transfer to the new county chair:
(1) local party bank accounts over which the former
county chair has authority; and
(2) the following original records that are in the
possession of the former county chair:
(A) [precinct chair and] county chair canvass
results;
(B) candidate applications;
(C) paperwork related to the primary election;
and
(D) other documents concerning party affairs.
SECTION 10. Section 172.023(b), Election Code, is amended
to read as follows:
(b) An application[, other than an application for the
office of precinct chair,] may not be filed earlier than the 30th
day before the date of the regular filing deadline. [An application
for the office of precinct chair may not be filed earlier than the
90th day before the date of the regular filing deadline.]
SECTION 11. Section 172.061, Election Code, is amended to
read as follows:
Sec. 172.061. CANDIDATE FOR PARTY OFFICE. (a) Except for
Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter
applies to a candidate for county chair [or precinct chair].
(b) If a runoff candidate for county chair [or precinct
chair] withdraws, the remaining candidate is considered to be
elected and the runoff election for that office is not held.
SECTION 12. Section 172.089, Election Code, is amended to
read as follows:
Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party
office [offices] of county chair [and precinct chair] shall be
listed on the primary election ballot after the public offices
[with the office of county chair listed first].
SECTION 13. The following provisions of the Election Code
are repealed:
(1) Section 42.0051(a-1);
(2) Sections 43.007(f), (g), (h), (m), and (n);
(3) Section 124.065;
(4) Section 172.090; and
(5) Section 173.082(e).
SECTION 14. The changes in law made by this Act apply to an
election ordered on or after the effective date of this Act.
SECTION 15. This Act takes effect September 1, 2025.