Bill Text: TX HB3103 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the administration of primary elections, the nomination of candidates by convention, and voting by certain military and overseas voters.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2013-06-14 - Effective immediately [HB3103 Detail]
Download: Texas-2013-HB3103-Enrolled.html
H.B. No. 3103 |
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relating to the administration of primary elections, the nomination | ||
of candidates by convention, and voting by certain military and | ||
overseas voters. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 172.022(b), Election Code, is amended to | ||
read as follows: | ||
(b) Not later than the day before the last day of the filing | ||
period, the county chair shall post on the political party's | ||
Internet website or in the location where a candidate files for a | ||
place on the ballot [ |
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which the county chair or secretary will be available to receive | ||
applications on the last day of the filing period. If both the | ||
county chair and the secretary will be available, the notice must | ||
contain the address at which each will be available. Section 1.006 | ||
does not apply to this subsection. | ||
SECTION 2. Sections 172.028(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (c), the state chair | ||
shall certify to the secretary of state [ |
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on the general primary election ballot the name of each candidate | ||
who files with the chair an application that complies with Section | ||
172.021(b). The secretary of state shall post on the secretary's | ||
Internet website that is viewable by the public the certified list. | ||
(b) Not later than the 81st day before general primary | ||
election day, the state chair shall notify [ |
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candidate's name is to appear on the ballot that the certification | ||
has been posted by the secretary of state. | ||
SECTION 3. Section 172.029, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.029. SUBMISSION AND COMPILATION OF INFORMATION | ||
PERTAINING TO [ |
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election, the state chair and each county chair shall | ||
electronically submit the following information [ |
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(1) the name of each candidate who files an | ||
application for a place on the ballot with the chair, including an | ||
application for the office of a political party; | ||
(2) the name of each candidate whose application meets | ||
the requirements of Section 172.021 and is accepted by the chair, as | ||
the name is to appear on the ballot; | ||
(3) [ |
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application; [ |
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(4) [ |
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application; and | ||
(5) any additional information required by the | ||
secretary of state. | ||
(b) The secretary of state shall continuously maintain an | ||
online database of information submitted under this section. The | ||
database must be accessible by the county and precinct chairs of the | ||
party that submitted the information. Any changes in the party's | ||
county or precinct chairs shall be reported to the secretary of | ||
state. The secretary of state shall adopt rules to implement this | ||
section, including rules regarding the public availability of | ||
information submitted under this section. [ |
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(c) The secretary of state may by rule prescribe a deadline | ||
by which [ |
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to the secretary of state, and each county chair shall deliver a | ||
copy of the chair's submission regarding a candidate [ |
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county clerk, the state chair, and the secretary of state when the | ||
chair accepts the application. The secretary of state may by rule | ||
prescribe a deadline for the delivery of a submission under this | ||
subsection. | ||
(d) The secretary of state shall be notified if a [ |
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ineligible, or if the candidate's application is determined not to | ||
comply with the applicable requirements. The secretary of state | ||
shall adopt rules implementing this subsection. | ||
(e) The secretary of state shall: | ||
(1) archive and keep available for inspection a list | ||
of all candidates for whom information has been submitted under | ||
this section; and | ||
(2) prescribe rules for submitting the list | ||
electronically and methodology for distribution to each county | ||
clerk and state chair [ |
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SECTION 4. Sections 172.056(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) If the deadline for filing applications is extended, an | ||
electronic submission shall be made [ |
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(1) who files an application that complies with the | ||
applicable requirements during the extended filing period; and | ||
(2) whose name is not submitted [ |
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under Section 172.029. | ||
(b) Notification shall be made as prescribed by Section | ||
172.029 that additional names have been added during the extended | ||
period. [ |
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SECTION 5. Section 172.082(e), Election Code, is amended to | ||
read as follows: | ||
(e) The county chair shall post notice of the date, hour, | ||
and place of the drawing for at least 24 consecutive hours | ||
immediately before the drawing begins. The notice shall be posted | ||
on the bulletin board used for posting notice of meetings of the | ||
commissioners court. If the party maintains an Internet website, | ||
the party shall post the notice on the party's website. All | ||
candidates who provide an e-mail address on their filing form shall | ||
be notified electronically. | ||
SECTION 6. Section 172.084(e), Election Code, is amended to | ||
read as follows: | ||
(e) The notice required by Subsection (d) shall be posted on | ||
the bulletin board used for posting notice of meetings of the | ||
commissioners court. If the party maintains an Internet website, | ||
the party shall post the notice on the party's website. All | ||
candidates who provide an e-mail address on their filing form shall | ||
be notified electronically. | ||
SECTION 7. Sections 172.118(a) and (d), Election Code, are | ||
amended to read as follows: | ||
(a) Not later than the 20th day after the date the local | ||
canvass is completed, the county chair shall deliver written notice | ||
to the state chair and to the county clerk of the names of the | ||
persons elected as county chair and precinct chairs for the county. | ||
This notice may be given by electronic means or through an | ||
electronic submission system adopted by the state executive | ||
committee of the party. | ||
(d) On request of the secretary of state, the state chair | ||
shall deliver to the secretary written notice of the names and | ||
addresses of the party's county chairs. This notice may be given in | ||
electronic format as set out in rules adopted by the secretary of | ||
state. | ||
SECTION 8. Section 172.119(b), Election Code, is amended to | ||
read as follows: | ||
(b) The county chair shall deliver the county returns and | ||
retain a copy in the same manner as the county returns for a general | ||
election are delivered and retained by the county clerk except that | ||
the delivery shall be made to the state chair. The state executive | ||
committee may adopt by rule an electronic submission system for | ||
delivery of the county returns. | ||
SECTION 9. Section 172.124, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The secretary of state shall create and maintain an | ||
electronic system for submission of the report. | ||
SECTION 10. Section 172.125(a), Election Code, is amended | ||
to read as follows: | ||
(a) For a runoff primary election, the voter registrar shall | ||
make appropriate notations to indicate [ |
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the preceding party primary for which the voter was accepted for | ||
voting, if any. | ||
SECTION 11. Section 181.033(a), Election Code, is amended | ||
to read as follows: | ||
(a) Except as provided by Subsection (b), an application for | ||
nomination by a convention must be filed not later than the regular | ||
deadline for candidates to file applications for a place on the | ||
general primary ballot [ |
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SECTION 12. (a) The secretary of state shall conduct a | ||
study on the effects of changing the presidential primary election | ||
date. In conducting the study, the secretary shall consult with all | ||
political parties in this state that hold presidential primary | ||
elections. | ||
(b) The secretary of state shall report the results of this | ||
study and make recommendations for any legislation to the 84th | ||
Legislature. | ||
(c) This section expires June 1, 2015. | ||
SECTION 13. Except as otherwise provided by this Act, this | ||
Act takes effect immediately if it receives a vote of two-thirds of | ||
all the members elected to each house, as provided by Section 39, | ||
Article III, Texas Constitution. If this Act does not receive the | ||
vote necessary for immediate effect, this Act takes effect | ||
September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3103 was passed by the House on May 7, | ||
2013, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3103 on May 24, 2013, by the following vote: Yeas 141, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3103 was passed by the Senate, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |