Texas 2025 - 89th Regular

Texas Senate Bill SB106 Compare Versions

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

Old	New	Differences
1	1	89R2489 MLH-F
2	2	By: Hall S.B. No. 106
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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 a [presidential] primary election for a federal office.
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 possible, including
93	93	rules requiring use of the same area in which voters are being
94	94	accepted for voting and the same voting stations for state and
95	95	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 and:
118	118	(A) meet all of the requirements to be a
119	119	qualified voter under Section 11.002 except the requirement under
120	120	Section 11.002(a)(6) that the person be a registered voter under
121	121	Subtitle A, and be:
122	122	(i) a military service voter; or
123	123	(ii) domiciled in this state but
124	124	temporarily living outside the territorial limits of the United
125	125	States and the District of Columbia; or
126	126	(B) be unable to complete the registration
127	127	requirements under Subtitle A.
128	128	Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) If
129	129	the United States Congress enacts legislation that allows a voter
130	130	to be eligible to register to vote under this subtitle when the same
131	131	voter would be ineligible to register to vote under Subtitle A, the
132	132	secretary of state shall create and maintain a procedure by which a
133	133	person eligible under Section 22.002 may submit an application to
134	134	register to vote under this subtitle. The procedure under this
135	135	section must comply with all federal laws for voter registration.
136	136	(b) A person who submits an application for registration
137	137	under Chapter 13 that does not comply with all requirements under
138	138	Subtitle A but does comply with all requirements under federal law
139	139	shall be registered to vote under this subtitle.
140	140	(c) A person registered to vote under Subsection (b) who
141	141	submits an application for registration under Chapter 13 that is
142	142	accepted becomes registered to vote under Subtitle A.
143	143	CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS
144	144	Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority
145	145	preparing a ballot for a concurrent federal and state election
146	146	shall prepare a separate federal ballot for voters registered under
147	147	this subtitle.
148	148	Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.
149	149	(a) A voter registered to vote under Subtitle A may vote a full
150	150	ballot containing propositions and candidates for office in state
151	151	and federal elections.
152	152	(b) A voter registered to vote under this subtitle may only
153	153	vote a federal ballot.
154	154	Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and
155	155	reporting procedures for a state election shall be conducted under
156	156	the provisions of this code.
157	157	(b) To the extent possible, voting, tabulation, and
158	158	reporting procedures for a federal election shall be conducted
159	159	under the provisions of this code.
160	160	(c) To the extent that federal law conflicts with a
161	161	provision of this code regarding voting, tabulation, and reporting
162	162	procedures for a federal election, those procedures shall be
163	163	conducted under the provisions of the applicable federal law.
164	164	SECTION 7. Subchapter A, Chapter 41, Election Code, is
165	165	amended by adding Section 41.003 to read as follows:
166	166	Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a)
167	167	The general election for federal officers shall be held on the first
168	168	Tuesday after the first Monday in November in even-numbered years.
169	169	(b) To the extent feasible, the general election for federal
170	170	officers shall be held concurrently with the general election for
171	171	state and county officers.
172	172	SECTION 8. The heading to Section 41.007, Election Code, is
173	173	amended to read as follows:
174	174	Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY
175	175	OFFICERS.
176	176	SECTION 9. Sections 41.007(a) and (d), Election Code, are
177	177	amended to read as follows:
178	178	(a) The general primary election date for state and county
179	179	officers is the first Tuesday in March in each even-numbered year.
180	180	(d) No [other] election other than a primary election for
181	181	federal officers may be held on the date of a primary election.
182	182	SECTION 10. Subchapter A, Chapter 41, Election Code, is
183	183	amended by adding Section 41.0075 to read as follows:
184	184	Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a)
185	185	The primary election date for federal officers is the first Tuesday
186	186	in March in each even-numbered year.
187	187	(b) The runoff primary election date for federal officers is
188	188	the fourth Tuesday in May following the primary election for
189	189	federal officers.
190	190	(c) To the extent feasible, the primary election for federal
191	191	officers shall be held concurrently with the primary election for
192	192	state and county officers.
193	193	SECTION 11. Section 42.002(a), Election Code, is amended to
194	194	read as follows:
195	195	(a) The county election precincts are the election
196	196	precincts for the following elections:
197	197	(1) the general election for state and county
198	198	officers;
199	199	(2) a special election ordered by the governor;
200	200	(3) a primary election;
201	201	(4) a countywide election ordered by the commissioners
202	202	court, county judge, or other county authority, except an election
203	203	subject to Section 42.062(2); [and]
204	204	(5) a federal election; and
205	205	(6) as provided by Section 42.0621, any other election
206	206	held by a political subdivision on a uniform election date.
207	207	SECTION 12. Section 67.010(a), Election Code, is amended to
208	208	read as follows:
209	209	(a) The county election returns for an election for a
210	210	statewide office other than governor or lieutenant governor, a
211	211	statewide measure, a district office, a federal office, or
212	212	president and vice-president of the United States shall be
213	213	canvassed by the governor.
214	214	SECTION 13. Section 84.014, Election Code, is amended to
215	215	read as follows:
216	216	Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
217	217	APPLICATIONS. If an applicant provides a date of birth, driver's
218	218	license number, or social security number on the applicant's
219	219	application for an early voting ballot to be voted by mail that is
220	220	different from or in addition to the information maintained by the
221	221	voter registrar in accordance with Subtitle A, Title 2, the early
222	222	voting clerk shall notify the voter registrar. The voter registrar
223	223	shall update the voter's record with the information provided by
224	224	the applicant.
225	225	SECTION 14. Section 101.052, Election Code, is amended by
226	226	amending Subsections (e), (f), and (j) and adding Subsection (n) to
227	227	read as follows:
228	228	(e) An applicant who otherwise complies with applicable
229	229	requirements is entitled to receive a full ballot to be voted by
230	230	mail under this chapter if:
231	231	(1) the applicant submits a federal postcard
232	232	application to the early voting clerk on or before the 20th day
233	233	before election day; and
234	234	(2) the application contains the information that is
235	235	required for registration under Subtitle A, Title 2.
236	236	(f) The applicant is entitled to receive only a federal
237	237	ballot to be voted by mail under Chapter 114 if:
238	238	(1) the applicant submits the federal postcard
239	239	application to the early voting clerk after the date provided by
240	240	Subsection (e)(1) and before the deadline for submitting a regular
241	241	application for a ballot to be voted by mail; and
242	242	(2) the application contains the information that is
243	243	required for registration under Subtitle A, Title 2.
244	244	(j) If the early voting clerk determines that an application
245	245	that is submitted before the time prescribed by Subsection (e)(1)
246	246	does not contain the information that is required for registration
247	247	under Subtitle A, Title 2, the clerk shall notify the applicant of
248	248	that fact. If the applicant has provided a telephone number or an
249	249	address for receiving mail over the Internet, the clerk shall
250	250	notify the applicant by that medium.
251	251	(n) A federal postcard application that does not meet the
252	252	requirements of Subtitle A, Title 2, may still constitute
253	253	registration for federal elections if the federal postcard
254	254	application meets the requirements of Subtitle B, Title 2.
255	255	SECTION 15. Section 101.053(b), Election Code, is amended
256	256	to read as follows:
257	257	(b) If an applicant provides a date of birth, driver's
258	258	license number, or social security number on the applicant's
259	259	federal postcard application that is different from or in addition
260	260	to the information maintained by the voter registrar in accordance
261	261	with Subtitle A, Title 2, the early voting clerk shall notify the
262	262	voter registrar. The voter registrar shall update the voter's
263	263	record with the information provided by the applicant.
264	264	SECTION 16. Section 101.055, Election Code, is amended by
265	265	amending Subsection (a) and adding Subsection (a-1) to read as
266	266	follows:
267	267	(a) The submission of a federal postcard application that
268	268	complies with the [applicable] requirements of Subtitle A, Title 2,
269	269	by an unregistered applicant constitutes registration by the
270	270	applicant:
271	271	(1) for the purpose of voting in the election for state
272	272	and county officers for which a ballot is requested; and
273	273	(2) under Subtitle A, Title 2, if the federal postcard
274	274	application complies with the requirements under that subtitle,
275	275	unless the person indicates on the application that the person is
276	276	residing outside the United States indefinitely.
277	277	(a-1) The submission of a federal postcard application that
278	278	complies with the requirements of Subtitle B, Title 2, by an
279	279	unregistered applicant constitutes registration by the applicant:
280	280	(1) for the purpose of voting in the election for
281	281	federal officers for which a ballot is requested; and
282	282	(2) under Subtitle B, Title 2, if the federal postcard
283	283	application complies with the requirements under that subtitle,
284	284	unless the person indicates on the application that the person is
285	285	residing outside the United States indefinitely.
286	286	SECTION 17. Section 142.005, Election Code, is amended to
287	287	read as follows:
288	288	Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An
289	289	application for a place on the ballot must be filed with:
290	290	(1) the secretary of state, for a federal, statewide,
291	291	or district office; or
292	292	(2) the county judge, for a county or precinct office.
293	293	SECTION 18. Section 145.033, Election Code, is amended to
294	294	read as follows:
295	295	Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.
296	296	A candidate must file a withdrawal request with:
297	297	(1) the secretary of state, for a federal, statewide,
298	298	or district office; or
299	299	(2) the authority responsible for having the official
300	300	ballot prepared, for a county or precinct office.
301	301	SECTION 19. Section 145.037(d), Election Code, is amended
302	302	to read as follows:
303	303	(d) The chair must deliver the certification to:
304	304	(1) the secretary of state, for a federal, statewide,
305	305	or district office; or
306	306	(2) the authority responsible for having the official
307	307	ballot prepared, for a county or precinct office.
308	308	SECTION 20. Section 146.024, Election Code, is amended to
309	309	read as follows:
310	310	Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A
311	311	declaration of write-in candidacy must be filed with:
312	312	(1) the secretary of state, for a federal, statewide,
313	313	or district office; or
314	314	(2) the county judge, for a county or precinct office.
315	315	SECTION 21. The heading to Section 161.008, Election Code,
316	316	is amended to read as follows:
317	317	Sec. 161.008. CERTIFICATION OF NOMINEES FOR FEDERAL,
318	318	STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION
319	319	BALLOT.
320	320	SECTION 22. Section 161.008(a), Election Code, is amended
321	321	to read as follows:
322	322	(a) Except as provided by Subsection (c), the secretary of
323	323	state shall certify in writing for placement on the general
324	324	election ballot the name of each candidate nominated at a primary
325	325	election or convention of a political party for a federal,
326	326	statewide, or district office.
327	327	SECTION 23. Section 163.006(d), Election Code, is amended
328	328	to read as follows:
329	329	(d) Before January 15 of each year in which political
330	330	parties hold precinct conventions under this title, the secretary
331	331	of state shall deliver written notice of the requirements of this
332	332	section to the state chair of each party that had a nominee for a
333	333	federal, statewide, or district office on the most recent general
334	334	election ballot.
335	335	SECTION 24. Section 172.059(b), Election Code, is amended
336	336	to read as follows:
337	337	(b) A withdrawal request for the runoff primary must be
338	338	filed with the state chair, for a federal, statewide, or district
339	339	office, or with the county chair, for a county or precinct office.
340	340	SECTION 25. The heading to Section 172.121, Election Code,
341	341	is amended to read as follows:
342	342	Sec. 172.121. CERTIFICATION OF CANDIDATES FOR FEDERAL,
343	343	STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT.
344	344	SECTION 26. Section 172.121(a), Election Code, is amended
345	345	to read as follows:
346	346	(a) The state chair shall certify on the secretary of
347	347	state's website for placement on the runoff primary election ballot
348	348	the name of each general primary candidate for a federal,
349	349	statewide, or district office who is to be a candidate in the
350	350	runoff.
351	351	SECTION 27. The heading to Section 172.122, Election Code,
352	352	is amended to read as follows:
353	353	Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN
354	354	APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL
355	355	REQUIREMENTS FOR FEDERAL, STATEWIDE, AND DISTRICT OFFICES TO
356	356	SECRETARY OF STATE.
357	357	SECTION 28. Section 172.122(a), Election Code, is amended
358	358	to read as follows:
359	359	(a) The state chair shall certify by posting on the
360	360	secretary of state's website the name and address of each primary
361	361	candidate who is nominated for a federal, statewide, or district
362	362	office. The state chair shall execute and file digitally with the
363	363	secretary of state an affidavit certifying that the returns posted
364	364	on the secretary of state's website are the correct and complete
365	365	returns. The secretary of state shall adopt by rule a process to
366	366	allow the chair to submit the affidavit digitally.
367	367	SECTION 29. Section 173.063, Election Code, is amended to
368	368	read as follows:
369	369	Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair
370	370	shall deposit in the state primary fund each filing fee
371	371	accompanying an application for a place on the ballot filed with the
372	372	state chair:
373	373	(1) for a federal office;
374	374	(1-a) for a statewide office; or
375	375	(2) for a district office if the application is filed
376	376	after the regular filing deadline.
377	377	SECTION 30. Section 181.0311(a), Election Code, is amended
378	378	to read as follows:
379	379	(a) In addition to any other requirements, to be considered
380	380	for nomination by convention, a candidate must:
381	381	(1) pay a filing fee to the secretary of state for a
382	382	federal, statewide, or district office or the county judge for a
383	383	county or precinct office; or
384	384	(2) submit to the secretary of state for a federal,
385	385	statewide, or district office or the county judge for a county or
386	386	precinct office a petition in lieu of a filing fee that satisfies
387	387	the requirements prescribed by Subsection (e) and Section 141.062.
388	388	SECTION 31. Section 181.032(a), Election Code, is amended
389	389	to read as follows:
390	390	(a) An application for nomination by a convention must be
391	391	filed with:
392	392	(1) the state chair, for a federal, statewide, or
393	393	district office; or
394	394	(2) the county chair, for a county or precinct office.
395	395	SECTION 32. Section 181.068(b), Election Code, is amended
396	396	to read as follows:
397	397	(b) Not later than the 20th day after the date of the
398	398	convention making the nomination, the presiding officer shall
399	399	deliver the certification to:
400	400	(1) the authority responsible for having the official
401	401	general election ballot prepared in the county, for certification
402	402	of a county or precinct office; or
403	403	(2) the secretary of state, for certification of a
404	404	federal, statewide, or district office.
405	405	SECTION 33. Sections 231.008(b) and (c), Election Code, are
406	406	amended to read as follows:
407	407	(b) If the judgment in a contest for an office affects the
408	408	preparation of the ballot for a succeeding election, the clerk
409	409	shall deliver a copy to the authority responsible for having the
410	410	official ballot prepared or, in the case of a federal, statewide, or
411	411	district office, to the authority responsible for certifying the
412	412	names of the candidates for placement on the ballot.
413	413	(c) If the judgment orders that a new general or special
414	414	election be held, the clerk shall deliver a copy to the authority
415	415	responsible for ordering the election. If the judgment orders a new
416	416	primary election, the clerk shall deliver a copy to the state chair
417	417	of the appropriate political party, in the case of a federal,
418	418	statewide, or district office, or to the county chair, in the case
419	419	of a county or precinct office.
420	420	SECTION 34. Section 232.013(d), Election Code, is amended
421	421	to read as follows:
422	422	(d) If the contested election is a primary, the district
423	423	clerk shall deliver a certified copy of the order setting the date
424	424	of the runoff to the state chair of the political party in the case
425	425	of a federal, statewide, or district office or to the county chair
426	426	in the case of a county or precinct office.
427	427	SECTION 35. Section 232.048(c), Election Code, is amended
428	428	to read as follows:
429	429	(c) The candidate receiving the most votes in a new election
430	430	ordered by a court in a primary election contest is the political
431	431	party's nominee, regardless of whether the candidate receives a
432	432	majority vote, if the date of the final canvass of the court-ordered
433	433	primary is on or after:
434	434	(1) the 85th day before the date of the succeeding
435	435	general election in the case of a federal, statewide, or district
436	436	office; or
437	437	(2) the 75th day before the date of the succeeding
438	438	general election in the case of a county or precinct office.
439	439	SECTION 36. Section 252.005, Election Code, is amended to
440	440	read as follows:
441	441	Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
442	442	CANDIDATE. An individual must file a campaign treasurer appointment
443	443	for the individual's own candidacy with:
444	444	(1) the commission, if the appointment is made for
445	445	candidacy for:
446	446	(A) a federal office;
447	447	(A-1) a statewide office;
448	448	(B) a district office filled by voters of more
449	449	than one county;
450	450	(C) a judicial district office filled by voters
451	451	of only one county;
452	452	(D) state senator;
453	453	(E) state representative; or
454	454	(F) the State Board of Education;
455	455	(2) the county clerk, if the appointment is made for
456	456	candidacy for a county office, a precinct office, or a district
457	457	office other than one included in Subdivision (1);
458	458	(3) the clerk or secretary of the governing body of the
459	459	political subdivision or, if the political subdivision has no clerk
460	460	or secretary, with the governing body's presiding officer, if the
461	461	appointment is made for candidacy for an office of a political
462	462	subdivision other than a county;
463	463	(4) the county clerk if:
464	464	(A) the appointment is made for candidacy for an
465	465	office of a political subdivision other than a county;
466	466	(B) the governing body for the political
467	467	subdivision has not been formed; and
468	468	(C) no boundary of the political subdivision
469	469	crosses a boundary of the county; or
470	470	(5) the commission if:
471	471	(A) the appointment is made for candidacy for an
472	472	office of a political subdivision other than a county;
473	473	(B) the governing body for the political
474	474	subdivision has not been formed; and
475	475	(C) the political subdivision is situated in more
476	476	than one county.
477	477	SECTION 37. This Act takes effect September 1, 2025.