Bill Text: TX HB1735 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to election officers and practices; increasing a criminal penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1735 Detail]
Download: Texas-2017-HB1735-Enrolled.html
H.B. No. 1735 |
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relating to election officers and practices; increasing a criminal | ||
penalty; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 1, Election Code, is amended by adding | ||
Section 1.016 to read as follows: | ||
Sec. 1.016. OATHS BY ELECTION OFFICERS. (a) An oath or | ||
statement required by the Texas Constitution or this code prior to | ||
an election officer entering service may be administered and a | ||
certificate of the fact given by: | ||
(1) the secretary of state, a member of the secretary | ||
of state's staff, or a state inspector appointed by the secretary; | ||
(2) a county or municipal clerk or the clerk's | ||
deputies; | ||
(3) a county tax assessor-collector or the county tax | ||
assessor-collector's deputies; | ||
(4) a city secretary; | ||
(5) a member of a county election commission or county | ||
election board; | ||
(6) a county elections administrator or employee of a | ||
county elections administrator; | ||
(7) the secretary of the governing body of a political | ||
subdivision other than a county or city or the authority performing | ||
the duties of a secretary under this code; | ||
(8) a presiding election judge or alternate presiding | ||
judge who has already entered service; | ||
(9) an early voting clerk or a deputy early voting | ||
clerk who has already entered service; | ||
(10) a member of an early voting ballot board or | ||
signature verification committee who has already entered service; | ||
or | ||
(11) a presiding judge, manager, or tabulation | ||
supervisor of a central counting station who has already entered | ||
service. | ||
(b) An oath, statement, or certificate described under | ||
Subsection (a) is valid for the duration of the election officer's | ||
term of office and shall be filed with election records for the | ||
election in which the election officer is serving. | ||
(c) The secretary of state may prescribe a form of oath, | ||
statement, or certificate that incorporates any oaths or statements | ||
required by the Texas Constitution or this code for an election | ||
officer into a single oath or statement. | ||
SECTION 2. Sections 31.092(b), (d), and (e), Election Code, | ||
are transferred to Section 31.093, Election Code, redesignated as | ||
Sections 31.093(c), (d), and (e), Election Code, respectively, and | ||
amended to read as follows: | ||
(c) [ |
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party holding a primary election in the county, the [ |
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election officer shall [ |
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committee of the [ |
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subchapter, in the party's general primary election and [ |
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primary election in accordance with a cost schedule agreed on by the | ||
contracting parties[ |
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(d) In a contract required [ |
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or the chair's designee from supervising the conduct of the primary | ||
election, including the tabulation of results, as required by | ||
Chapter 172. A county election officer who violates this | ||
subsection commits an offense. An offense under this subsection is | ||
a Class B misdemeanor. | ||
(e) A [ |
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terms with the county executive committee of each political party | ||
holding a primary election in the county. | ||
SECTION 3. Section 31.093(a), Election Code, is amended to | ||
read as follows: | ||
(a) If requested to do so by a political subdivision [ |
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into a contract to furnish the election services requested, in | ||
accordance with a cost schedule agreed on by the contracting | ||
parties. | ||
SECTION 4. Section 32.002, Election Code, is amended by | ||
adding Subsection (c-1) to read as follows: | ||
(c-1) For purposes of this subsection, the county chair | ||
shall provide a list of names of persons eligible for appointment as | ||
election judges. Judges of countywide polling places established | ||
under Section 43.007 must be appointed from the list of names of | ||
persons submitted by the county chair in compliance with Subsection | ||
(c) except that in appointing a person from the list the | ||
commissioners court shall apportion the number of judges in direct | ||
proportion to the percentage of precincts located in each county | ||
commissioners precinct won by each party in the last gubernatorial | ||
election, the commissioners court is not required to make the | ||
appointments based on specific polling locations or precincts, a | ||
presiding judge or alternate presiding judge is not required to | ||
serve in a polling place located in the precinct in which the judge | ||
resides, and more than one presiding judge or alternate presiding | ||
judge may be selected from the same precinct to serve in polling | ||
places not located in the precinct in which the judges reside. The | ||
county chairs may submit, and the commissioners court may | ||
preapprove, the appointment of more presiding judges or alternate | ||
presiding judges than necessary to fill available positions. The | ||
county clerk may select an individual whose appointment was | ||
preapproved by the commissioners court to fill a vacancy in a | ||
position that was held by an individual from the same political | ||
party. Other than a judge's party affiliation, nothing in this | ||
subsection precludes a county clerk from placing an election | ||
officer at a countywide polling place based on the need for services | ||
at that location. | ||
SECTION 5. Section 32.002, Election Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) Following an oral warning to the election judge and with | ||
the concurrence of the county chair of the same political party with | ||
which the judge is affiliated or aligned, the county clerk may | ||
remove, replace, or reassign an election judge who causes a | ||
disruption in a polling location or wilfully disobeys the | ||
provisions of this code. A vacancy created under this subsection | ||
shall be filled in the same manner as an emergency appointment under | ||
Section 32.007. | ||
SECTION 6. Section 32.006(a), Election Code, is amended to | ||
read as follows: | ||
(a) The county chair of a political party holding a primary | ||
election shall appoint for each primary[ |
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the election will be held in the county and fill any vacancy that | ||
occurs in the position of presiding judge or alternate presiding | ||
judge. | ||
SECTION 7. Section 32.009(d), Election Code, is amended to | ||
read as follows: | ||
(d) A notice to a presiding judge must state the name, [ |
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address, and any available telephone number and e-mail address of | ||
the alternate, and a notice to an alternate must state the name, | ||
[ |
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address of the presiding judge. | ||
SECTION 8. Subchapter A, Chapter 32, Election Code, is | ||
amended by adding Section 32.012 to read as follows: | ||
Sec. 32.012. PROVISION OF INFORMATION RELATING TO ELECTION | ||
JUDGES APPOINTED BY COMMISSIONERS COURT. (a) After the | ||
commissioners court appoints a presiding election judge and an | ||
alternate presiding judge, the county clerk shall provide to the | ||
county chair of each political party a list of the individuals | ||
appointed by the commissioners court. | ||
(b) The appointment list must be provided in writing. | ||
SECTION 9. Section 32.034, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) Following an oral warning to the election clerk and with | ||
the concurrence of the county chair of the same political party with | ||
which the election clerk is affiliated or aligned, the county clerk | ||
may remove, replace, or reassign an election clerk who causes a | ||
disruption in a polling location or wilfully disobeys the | ||
provisions of this code. A vacancy created under this subsection | ||
shall be filled by the presiding judge, who shall appoint a | ||
replacement election clerk who is affiliated or aligned with the | ||
same political party as the original clerk, if possible. | ||
SECTION 10. Section 32.114(e), Election Code, is amended to | ||
read as follows: | ||
(e) An election judge, early voting clerk, or deputy early | ||
voting clerk in charge of an early voting polling place is entitled | ||
to compensation for attending the training program at an hourly | ||
rate fixed by the appropriate authority in an amount that is equal | ||
to or greater than the federal minimum wage [ |
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SECTION 11. Section 43.007, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (m) and (n) 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 for: | ||
(1) each general election for state and county | ||
officers; | ||
(2) each election held on the uniform election date in | ||
May and any resulting runoff; | ||
(3) each election on a proposed constitutional | ||
amendment; | ||
(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 (1), (2), (3), or (4). | ||
(m) In adopting a methodology under Subsection (f), the | ||
county must ensure that: | ||
(1) each county commissioners precinct contains at | ||
least one countywide polling place; and | ||
(2) the total number of permanent branch and temporary | ||
branch polling places open for voting in a county commissioners | ||
precinct does not exceed more than twice the number of permanent | ||
branch and temporary branch polling places in another county | ||
commissioners precinct. | ||
(n) To the greatest extent possible, countywide polling | ||
places shall be located in a precinct where the political party that | ||
received the greatest number of votes in the last gubernatorial | ||
election is the same political party with which the presiding judge | ||
is affiliated. | ||
SECTION 12. Section 61.003(b)(1), Election Code, is amended | ||
to read as follows: | ||
(1) "Electioneering" includes the posting, use, or | ||
distribution of political signs or literature. The term does not | ||
include the distribution of a notice of a party convention | ||
authorized under Section 172.1114. | ||
SECTION 13. Section 85.009(b), Election Code, is amended to | ||
read as follows: | ||
(b) Before July of each year, the county chair of each | ||
political party holding a primary election in the county shall | ||
submit in writing to the county clerk a list of names of persons in | ||
order of preference for each early voting polling place who are | ||
eligible for selection as an election officer. The county chair | ||
may supplement the list of names of persons until the 30th day | ||
before early voting begins in case an appointed election officer | ||
becomes unable to serve. The county clerk shall appoint the first | ||
person meeting the applicable eligibility requirements from the | ||
list submitted in compliance with this subsection by the party with | ||
the highest number of votes in the county as the presiding judge | ||
[ |
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meeting the applicable eligibility requirements from the list | ||
submitted in compliance with this subsection by the party with the | ||
second highest number of votes in the county as the alternate | ||
presiding judge [ |
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county clerk shall appoint additional election officers for each | ||
polling place in the manner described by Subsection (a). The | ||
county clerk may reject the list if the persons whose names are | ||
submitted on the list are determined not to meet the applicable | ||
eligibility requirements. | ||
SECTION 14. Subchapter A, Chapter 85, Election Code, is | ||
amended by adding Section 85.0091 to read as follows: | ||
Sec. 85.0091. EARLY VOTING ELECTION OFFICERS FOR PRIMARY | ||
ELECTIONS. (a) The early voting clerk shall select election | ||
officers for a primary election for the main early voting polling | ||
place and any branch polling place in a manner consistent with | ||
Section 85.009, except that the early voting clerk shall prescribe | ||
the deadline by which county chairs must submit names of persons | ||
eligible to serve as election officers during early voting. | ||
(b) This section does not apply to a joint primary governed | ||
by Section 172.126. | ||
SECTION 15. Subchapter A, Chapter 87, Election Code, is | ||
amended by adding Section 87.006 to read as follows: | ||
Sec. 87.006. EARLY VOTING BALLOT BOARD MEMBERS: OATH AND | ||
IDENTIFICATION. (a) A member of the early voting ballot board | ||
shall repeat the following oath aloud: | ||
"I swear (or affirm) that I will objectively work to be sure | ||
every eligible voter's vote is accepted and counted, and that only | ||
the ballots of those voters who violated the Texas Election Code | ||
will be rejected. I will make every effort to correctly reflect the | ||
voter's intent when it can be clearly determined. I will not work | ||
alone when ballots are present and will work only in the presence of | ||
a member of a political party different from my own. I will | ||
faithfully perform my duty as an officer of the election and guard | ||
the purity of the election." | ||
(b) A member of the early voting ballot board who arrives | ||
after the oath is made shall repeat the oath aloud before performing | ||
any duties as a member. | ||
(c) Following administration of the oath, each member of the | ||
early voting ballot board shall be issued a form of identification, | ||
prescribed by the secretary of state, to be displayed by the member | ||
during the member's hours of service on the board. | ||
SECTION 16. Subchapter G, Chapter 87, Election Code, is | ||
amended by adding Section 87.127 to read as follows: | ||
Sec. 87.127. RESOLUTION OF INCORRECT DETERMINATION BY EARLY | ||
VOTING BALLOT BOARD. (a) If a county election officer, as defined | ||
by Section 31.091, determines a ballot was incorrectly rejected or | ||
accepted by the early voting ballot board before the time set for | ||
convening the canvassing authority, the county election officer may | ||
petition a district court for injunctive or other relief as the | ||
court determines appropriate. | ||
(b) In an election ordered by the governor or by a county | ||
judge, the county election officer must confer with and establish | ||
the agreement of the county chair of each political party before | ||
petitioning the district court. | ||
SECTION 17. Subchapter A, Chapter 127, Election Code, is | ||
amended by adding Section 127.0015 to read as follows: | ||
Sec. 127.0015. CENTRAL COUNTING STATION OFFICERS: OATH AND | ||
IDENTIFICATION. (a) Election officers appointed under this | ||
subchapter shall repeat the following oath aloud: | ||
"I swear (or affirm) that I will objectively work to be sure | ||
every eligible voter's vote is accepted and counted, and that only | ||
the ballots of those voters who violated the Texas Election Code | ||
will be rejected. I will make every effort to correctly reflect the | ||
voter's intent when it can be clearly determined. I will not work | ||
alone when ballots are present and will work only in the presence of | ||
a member of a political party different from my own. I will | ||
faithfully perform my duty as an officer of the election and guard | ||
the purity of the election." | ||
(b) An officer who arrives after the oath is made shall | ||
repeat the oath aloud before performing any duties as an election | ||
officer. | ||
(c) Following administration of the oath, each election | ||
officer shall be issued a form of identification, prescribed by the | ||
secretary of state, to be displayed by the officer during the | ||
officer's hours of service at the central counting station. | ||
SECTION 18. Section 127.004(b), Election Code, is amended | ||
to read as follows: | ||
(b) To be eligible for appointment, a person must: | ||
(1) have the competence, training, and experience | ||
required for the proper performance of the work assigned; and | ||
(2) in a county with a population of less than 60,000, | ||
be a registered voter of the political subdivision served by the | ||
authority establishing the counting station or an employee of the | ||
political subdivision that adopts or owns the voting system. | ||
SECTION 19. Section 127.007, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The plan required under this section must be available | ||
to the public on request not later than 5 p.m. on the fifth day | ||
before the date of the election. | ||
SECTION 20. Section 127.096, Election Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) If the test is being conducted for a primary election, | ||
the custodian of the automatic tabulating equipment shall notify | ||
the county chair of the test at least 48 hours before the date of the | ||
test. The county chair shall confirm receipt of the notice. | ||
SECTION 21. Section 129.023, Election Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) If the test is being conducted for a primary election, | ||
the general custodian of election records shall notify the county | ||
chair of the test at least 48 hours before the date of the test. The | ||
county chair shall confirm receipt of the notice. | ||
SECTION 22. Section 141.031(a), Election Code, is amended | ||
to read as follows: | ||
(a) A candidate's application for a place on the ballot that | ||
is required by this code must: | ||
(1) be in writing; | ||
(2) be signed and sworn to by the candidate and | ||
indicate the date that the candidate swears to the application; | ||
(3) be timely filed with the appropriate authority; | ||
and | ||
(4) include: | ||
(A) the candidate's name; | ||
(B) the candidate's occupation; | ||
(C) the office sought, including any place number | ||
or other distinguishing number; | ||
(D) an indication of whether the office sought is | ||
to be filled for a full or unexpired term if the office sought and | ||
another office to be voted on have the same title but do not have | ||
place numbers or other distinguishing numbers; | ||
(E) a statement that the candidate is a United | ||
States citizen; | ||
(F) a statement that the candidate has not been | ||
determined by a final judgment of a court exercising probate | ||
jurisdiction to be: | ||
(i) totally mentally incapacitated; or | ||
(ii) partially mentally incapacitated | ||
without the right to vote; | ||
(G) a statement that the candidate has not been | ||
finally convicted of a felony from which the candidate has not been | ||
pardoned or otherwise released from the resulting disabilities; | ||
(H) the candidate's date of birth; | ||
(I) the candidate's residence address or, if the | ||
residence has no address, the address at which the candidate | ||
receives mail and a concise description of the location of the | ||
candidate's residence; | ||
(J) the candidate's length of continuous | ||
residence in the state and in the territory from which the office | ||
sought is elected as of the date the candidate swears to the | ||
application; | ||
(K) the statement: "I, __________, of | ||
__________ County, Texas, being a candidate for the office of | ||
__________, swear that I will support and defend the constitution | ||
and laws of the United States and of the State of Texas"; | ||
(L) a statement that the candidate is aware of | ||
the nepotism law, Chapter 573, Government Code; and | ||
(M) a public mailing address at which the | ||
candidate receives correspondence relating to the candidate's | ||
campaign, if available, and an [ |
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address at which the candidate receives correspondence relating to | ||
the candidate's campaign, if available. | ||
SECTION 23. Section 141.039, Election Code, is amended to | ||
read as follows: | ||
Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to | ||
the other statements and spaces for entering information that | ||
appear on an officially prescribed form for an application for a | ||
place on the ballot, each official form for an application that a | ||
candidate is required to file under this code must include: | ||
(1) a space for indicating the form in which the | ||
candidate's name is to appear on the ballot; | ||
(2) a space for the candidate's public mailing | ||
address; | ||
(3) spaces for the candidate's home and office | ||
telephone numbers and e-mail address at which the candidate | ||
receives correspondence relating to the candidate's campaign; and | ||
(4) a statement informing candidates that the | ||
furnishing of the telephone numbers [ |
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optional. | ||
SECTION 24. Section 145.036(d), Election Code, is amended | ||
to read as follows: | ||
(d) For the purpose of filling a vacancy, a majority of the | ||
committee's membership constitutes a quorum. To be nominated, a | ||
person must receive a favorable vote of a majority of the members | ||
voting [ |
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SECTION 25. Section 162.004(c), Election Code, is amended | ||
to read as follows: | ||
(c) If a voter is accepted to vote without presenting a | ||
registration certificate, the presiding judge shall issue the voter | ||
an affiliation certificate. The certificate is not required to be | ||
issued to a voter in a runoff primary unless the voter requests it. | ||
The affiliation certificate may be combined with the notice | ||
provided under Section 172.1114. If the combined form is used, an | ||
election officer is not required to comply with Subsection (b). | ||
SECTION 26. Section 162.014, Election Code, is amended by | ||
amending Subsection (b) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(b) Except as provided by Subsections (c) and (d), an [ |
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offense under this section is a Class C misdemeanor. | ||
(c) An offense under this section is a felony of the second | ||
degree if the conduct constituting an offense under Subsection (a) | ||
consists of knowingly voting in a primary election after having | ||
voted in a primary election of another party during the same voting | ||
year. | ||
(d) An offense under this section is a state jail felony if | ||
the conduct constituting an offense under Subsection (a) consists | ||
of knowingly attempting to vote in a primary election after having | ||
voted in a primary election of another party during the same voting | ||
year. | ||
SECTION 27. Section 172.082, Election Code, is amended by | ||
amending Subsections (b), (c), and (e) and adding Subsection (f) to | ||
read as follows: | ||
(b) The county chair [ |
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the drawing unless the county executive committee [ |
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resolution that the drawing be conducted by the primary committee. | ||
(c) The drawing shall be conducted [ |
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later than the 10th day after the date of the regular filing | ||
deadline for the general primary election. | ||
(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 party's Internet website, if the party maintains a website. | ||
If the party does not maintain a website, the notice shall be posted | ||
on the bulletin board used for posting notice of meetings of the | ||
commissioners court. [ |
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candidates who provide an e-mail address on their filing form shall | ||
be notified electronically. | ||
(f) The state chair shall conduct the drawing if the county | ||
chair: | ||
(1) requests that the state chair conduct the drawing; | ||
or | ||
(2) fails to conduct the drawing by the deadline set in | ||
this section. | ||
SECTION 28. Section 172.083, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.083. REVIEW AND APPROVAL OF BALLOT BY PRIMARY | ||
COMMITTEE. If a primary committee was established, before [ |
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having the official ballots for a general primary election printed, | ||
the county chair shall submit the format for the official ballot to | ||
the primary committee for its review and approval. | ||
SECTION 29. Section 172.084(a), Election Code, is amended | ||
to read as follows: | ||
(a) The [ |
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the candidates' names on the runoff primary election ballot for | ||
each county shall be [ |
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order as [ |
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primary election ballot. | ||
SECTION 30. Section 172.1111, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.1111. POSTING NOTICE OF CONVENTIONS [ |
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presiding judge shall post at each outside door through which a | ||
voter may enter the building in which the polling place is located a | ||
written notice in bold print of the date, hour, and place for each | ||
[ |
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that a voter in the precinct may be eligible to attend during the | ||
election year. | ||
(b) Notice posted under this section may include: | ||
(1) the website of the county party and state party; | ||
and | ||
(2) any other information deemed necessary by the | ||
state executive committee. | ||
(b-1) The state chair shall develop a form for the notice | ||
that may be used statewide. The judge is not required to use an | ||
officially prescribed form for the notice, but must include any | ||
information required by this section. | ||
(b-2) A state chair, county chair, or precinct chair shall | ||
provide the presiding judge with the necessary information | ||
respecting the chair's associated convention. | ||
(c) The notice must remain posted continuously through | ||
election day. | ||
SECTION 31. Section 172.1112(a), Election Code, is amended | ||
to read as follows: | ||
(a) The county clerk [ |
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election and a notice of consolidated precincts, if applicable, in | ||
the manner prescribed by Section 4.003(b) for general and special | ||
elections. The notice of the election shall be posted on the | ||
party's Internet website, if the party maintains a website. If the | ||
party does not maintain a website, the notice shall be posted on the | ||
bulletin board used for posting notice of meetings of the | ||
commissioners court. | ||
SECTION 32. Subchapter E, Chapter 172, Election Code, is | ||
amended by adding Section 172.1114 to read as follows: | ||
Sec. 172.1114. DISTRIBUTION OF NOTICE OF CONVENTIONS. | ||
(a) A political party may prepare a notice not larger than | ||
letter-sized for distribution to each voter participating in the | ||
party's primary election at the time the voter is accepted for | ||
voting. | ||
(b) The notice may include: | ||
(1) information describing the party's convention | ||
process; | ||
(2) information detailing the time and place of the | ||
party's first-level convention process; | ||
(3) contact information for the county and state | ||
political parties; and | ||
(4) website links for information and registration for | ||
party conventions. | ||
(c) The state chair of a political party shall prescribe a | ||
form for a notice that may be used in any county. A county chair of | ||
a political party may prescribe a specific notice for the county | ||
chair's county. The same notice must be used in all precincts | ||
within a county. | ||
(d) A notice must be approved by the secretary of state. If | ||
a county chair of a political party uses the form of notice | ||
prescribed by the state chair, only the convention location and | ||
time may be added without the secretary of state's approval. | ||
(e) A county chair of a political party shall supply a | ||
notice prepared according to this section to the authority | ||
conducting the election not later than the 30th day before the date | ||
early voting by personal appearance begins. | ||
(f) The secretary of state shall prescribe procedures and | ||
adopt rules as necessary to implement this section. | ||
SECTION 33. Section 172.112, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.112. WRITE-IN VOTING. Write-in voting in a | ||
primary election is not permitted [ |
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SECTION 34. Sections 172.113(a), (d), and (e), Election | ||
Code, are amended to read as follows: | ||
(a) The authority establishing a central counting station | ||
[ |
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results. | ||
(d) The authority [ |
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announcements of the current state of the tabulation, including by | ||
posting the announcements on the Internet website of the county, if | ||
the county maintains a website. | ||
(e) On completing the tabulation, the authority [ |
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tabulation on the county's website or the secretary of state's | ||
website. | ||
SECTION 35. Section 172.114, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.114. DISPOSITION OF POLL LIST. The general | ||
custodian of election records shall preserve the poll lists | ||
maintained for a primary election for 22 months [ |
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SECTION 36. Section 172.1141, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.1141. LIST OF REGISTERED VOTERS FOR CONVENTION. | ||
(a) At the same time the acceptance of each voter for voting in the | ||
general primary election is indicated on the precinct list of | ||
registered voters furnished for use in the election, the acceptance | ||
of the voter shall also be indicated on the list furnished for use | ||
in the party's conventions. | ||
(b) If a county records the acceptance of a voter | ||
electronically, the county chair may request an electronic document | ||
listing the persons who voted in the party primary. | ||
SECTION 37. Section 172.115(a), Election Code, is amended | ||
to read as follows: | ||
(a) Subject to Subsection (b), the voter registrar shall | ||
preserve each precinct list of registered voters that is used for a | ||
primary election for 22 months [ |
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||
SECTION 38. Section 172.116, Election Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) The county clerk shall prepare and submit to the | ||
secretary of state a report of the results of the canvass, which | ||
must include: | ||
(1) the total number of votes cast in each precinct for | ||
each candidate or measure; and | ||
(2) the number of counted and uncounted provisional | ||
ballots cast in each precinct. | ||
(d) The final canvass is concluded when the chair digitally | ||
certifies the canvass report on the secretary of state's website. | ||
The posting on the site that the results are final completes the | ||
canvass report. The chair is not required to file any additional | ||
notice or report with the county clerk. | ||
SECTION 39. Sections 172.117(a), (a-1), and (a-2), Election | ||
Code, are amended to read as follows: | ||
(a) The county chair shall certify by posting on the | ||
secretary of state's website a notation next to the name and address | ||
of each primary candidate who is nominated for a county or precinct | ||
office for placement on the general election ballot. The chair | ||
shall digitally execute [ |
||
affidavit certifying that the returns posted on the secretary of | ||
state's website are the correct and complete returns. The | ||
secretary of state shall [ |
||
chair to submit the affidavit digitally. | ||
(a-1) The secretary of state shall develop appropriate | ||
notations to describe the status of each candidate. The notations | ||
shall include: | ||
(1) "filed"; | ||
(2) "withdrew"; | ||
(3) "lost primary"; | ||
(4) "in runoff"; | ||
(5) "lost runoff"; | ||
(6) "deceased"; [ |
||
(7) "declared ineligible"; or | ||
(8) "nominee for general election." | ||
(a-2) The county chair shall update the notations after each | ||
general primary and runoff primary election. After any withdrawal | ||
or death of a candidate, and subsequent replacement of the | ||
candidate on the ballot, the chair shall notify the state chair, who | ||
shall update the notation on the website. All notations must be | ||
completed and accurate on the date prescribed by the secretary of | ||
state by rule to ensure that an authority printing general election | ||
ballots may rely on the information. | ||
SECTION 40. Section 172.118, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.118. NOTICE OF PERSONS ELECTED AS PARTY OFFICERS. | ||
(a) Not later than the 20th day after the date the local canvass is | ||
completed, the county chair shall post on the secretary of state's | ||
website [ |
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precinct chairs for the county. [ |
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(b) The notice must include: | ||
(1) each party officer's address; | ||
(2) [ |
||
(3) each precinct officer's phone number and e-mail | ||
address, if supplied by the officer. | ||
(c) The secretary of state shall make information described | ||
by Subsections (b)(1) and (3) available to the state chair, but not | ||
available to the public. [ |
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(d) Any appointment to fill a vacancy in the office of | ||
precinct or county chair shall be posted on the secretary of state's | ||
website. [ |
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SECTION 41. Section 172.121, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.121. CERTIFICATION OF CANDIDATES FOR STATEWIDE AND | ||
DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT. (a) The state | ||
chair shall certify on the secretary of state's website [ |
||
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||
name of each general primary candidate for a statewide or district | ||
office who is to be a candidate in the runoff. | ||
(b) The state chair shall deliver the certification by | ||
posting next to the candidate's name on the secretary of state's | ||
website whether the person lost in the primary or is in a runoff for | ||
the position [ |
||
as practicable after the state canvass of the general primary | ||
election is completed. | ||
SECTION 42. Section 172.122(a), Election Code, is amended | ||
to read as follows: | ||
(a) The state chair shall certify by posting on the | ||
secretary of state's website the name and address of each primary | ||
candidate who is nominated for a statewide or district office. The | ||
state chair shall execute and file digitally with the secretary of | ||
state an affidavit certifying that the returns posted on the | ||
secretary of state's website are the correct and complete returns. | ||
The secretary of state shall [ |
||
the chair to submit the affidavit digitally. | ||
SECTION 43. Section 172.123, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The requirements of this section may be met by entering | ||
the results on the secretary of state's website if the secretary of | ||
state maintains a website for that purpose. | ||
SECTION 44. Section 172.124(b), Election Code, is amended | ||
to read as follows: | ||
(b) The county clerk [ |
||
secretary of state not later than the 30th day after primary | ||
election day. | ||
SECTION 45. Section 172.126, Election Code, is amended by | ||
amending Subsection (e) and adding Subsection (g-1) to read as | ||
follows: | ||
(e) The county clerk shall obtain the candidates' names that | ||
are to appear on the primary ballot, office sought, and candidate | ||
and office ballot order from the certified list on the secretary of | ||
state's website [ |
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||
(g-1) A voter shall be allowed privacy to the extent | ||
possible when indicating the voter's choice as to which political | ||
party's primary the voter chooses to vote in. A voter may indicate, | ||
without verbalizing, the voter's choice by pointing to which | ||
party's ballot the voter chooses. The secretary of state shall | ||
prescribe a sign to inform voters of this option, and the co-judges | ||
of each polling place shall post the sign beside the signature | ||
roster. | ||
SECTION 46. Section 172.127, Election Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) The presiding judge or alternate presiding judge for the | ||
precinct may post signs at [ |
||
a polling place for a primary election or a primary runoff election | ||
that [ |
||
(1) identify [ |
||
symbols [ |
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||
(2) do not refer to a candidate or measure on the | ||
ballot [ |
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||
(c) The secretary of state shall adopt rules to provide that | ||
signs posted as authorized by Subsection (b) in the same county have | ||
a similar size and format. | ||
SECTION 47. Sections 172.128(a) and (c), Election Code, are | ||
amended to read as follows: | ||
(a) Notwithstanding a conflicting provision of this code, a | ||
primary election that is required for the nomination of a political | ||
party to a statewide office, a multicounty district office, or a | ||
presidential primary election shall be held in accordance with this | ||
section in a county in which: | ||
(1) the office of county chair is vacant and there is | ||
an insufficient number of members serving on the county executive | ||
committee to fill a vacancy on the committee; and | ||
(2) the party is unable to establish a temporary | ||
executive committee under Section 171.027. | ||
(c) The county clerk may combine voting precincts | ||
[ |
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under this section to the extent necessary to [ |
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SECTION 48. Subchapter E, Chapter 172, Election Code, is | ||
amended by adding Sections 172.129 and 172.130 to read as follows: | ||
Sec. 172.129. STATEMENTS MADE BY ELECTION OFFICER WHEN | ||
PRIMARIES CONDUCTED AT SAME LOCATION. (a) This section applies | ||
only to a polling place used to hold an election for more than one | ||
political party. | ||
(b) An election officer conducting a primary election may | ||
not: | ||
(1) suggest a political party's ballot to a voter; or | ||
(2) discuss any race on the ballot with a voter. | ||
Sec. 172.130. ACTION BY STATE CHAIR TO MEET DEADLINES FOR | ||
CONDUCT OF PRIMARY. (a) Notwithstanding a conflicting provision | ||
of this code, the state chair, or the state chair's designee, may | ||
perform any administrative duty of the county chair or county | ||
executive committee related to the conduct of a primary election | ||
that has not been performed in the time required by law, including | ||
the submission of candidate information under Section 172.029, | ||
drawing for ballot order under Sections 172.082 and 172.084, and | ||
canvassing returns under Section 172.116. | ||
(b) The state chair must notify the county chair or county | ||
executive committee in writing or electronically that a duty has | ||
been performed under the authority of this section. | ||
(c) If a county chair has a reasonable impediment or lacks | ||
appropriate technology to perform any administrative duty of the | ||
county chair related to the conduct of a primary election within the | ||
time required by law, the county chair may request that the state | ||
chair, or the state chair's designee, perform the duty instead of | ||
the county chair. | ||
(d) The state chair may act in the role of the county chair | ||
for the purposes of Subchapter D, Chapter 173, with the approval of | ||
the secretary of state. | ||
(e) The secretary of state shall adopt rules to implement | ||
this section in accordance with the conduct of elections and with | ||
party rule. | ||
SECTION 49. Section 173.001(d), Election Code, is amended | ||
to read as follows: | ||
(d) If the amount of the funds appropriated for the | ||
financing of primary elections is insufficient to satisfy the | ||
requests for those funds made under this code, the secretary of | ||
state may distribute the amount of the appropriation on a pro rata | ||
basis. Each party chair or executive committee is entitled to a | ||
proportionate share of that amount according to that committee's | ||
percentage of the total amount requested. | ||
SECTION 50. Section 173.010, Election Code, is amended to | ||
read as follows: | ||
Sec. 173.010. FURNISHING RULES AND GUIDELINES. During | ||
October [ |
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secretary of state shall post on the secretary's website [ |
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|
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available guidelines adopted under this subchapter. The secretary | ||
of state shall e-mail each state or county chair who has provided | ||
the secretary of state an e-mail address when the rules and | ||
guidelines have been posted. If a rule or amendment of a rule is | ||
adopted after the set is posted [ |
||
shall update the posting with the new rule or amendment [ |
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|
||
date of its adoption. | ||
SECTION 51. Section 173.032, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The state chair may, with the consent of the secretary | ||
of state and the county executive committee, if one exists for the | ||
county, accept money into the state primary fund on behalf of a | ||
county party. The state chair must keep records to track the money | ||
that is attributable to a county. | ||
SECTION 52. Section 173.033, Election Code, is amended to | ||
read as follows: | ||
Sec. 173.033. USE OF PRIMARY FUND. (a) The county primary | ||
fund shall be used to pay expenses incurred by the county chair [ |
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|
||
(b) The state primary fund shall be used to pay expenses | ||
incurred by the state chair [ |
||
connection with a primary election. | ||
(c) A primary fund may not be used for any other purpose, | ||
except as provided by Section 173.032(c). | ||
SECTION 53. Section 173.034, Election Code, is amended to | ||
read as follows: | ||
Sec. 173.034. MANAGING PRIMARY FUND. (a) The county chair | ||
[ |
||
(b) The state chair [ |
||
state primary fund. | ||
SECTION 54. Section 173.036(a), Election Code, is amended | ||
to read as follows: | ||
(a) The secretary of state may approve an expenditure of | ||
state funds for an audit of: | ||
(1) the state primary fund or a county primary fund on | ||
request of the state chair; or | ||
(2) a county primary fund on request of a county chair. | ||
SECTION 55. The heading to Section 173.062, Election Code, | ||
is amended to read as follows: | ||
Sec. 173.062. FEE PAID TO STATE CHAIR FOR DISTRICT OFFICES | ||
REMITTED TO SECRETARY OF STATE [ |
||
SECTION 56. Section 173.062(a), Election Code, is amended | ||
to read as follows: | ||
(a) The [ |
||
district office accompanying an application for a place on the | ||
ballot filed with the state chair during the regular filing period | ||
shall be remitted to the secretary of state and deposited in the | ||
state treasury for the financing of primary election expenses | ||
[ |
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SECTION 57. Section 173.081, Election Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (g) to read | ||
as follows: | ||
(a) Regardless of whether state funds are requested for | ||
paying primary expenses, a state or county chair shall submit to the | ||
secretary of state a written statement of estimated expenses to be | ||
incurred by the chair in connection with a primary election [ |
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[ |
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[ |
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(c) A statement for a general primary election must also: | ||
(1) state the amount of: | ||
(A) the primary candidates' filing fees required | ||
to be deposited in the county primary fund if the statement is | ||
submitted by a county chair, or in the state primary fund if the | ||
statement is submitted by the state chair, that have been received | ||
by the authority submitting the statement; and | ||
(B) the contributions to the county chair or | ||
executive committee if the statement is submitted by a county | ||
chair, or to the state chair or executive committee if the statement | ||
is submitted by the state chair, that: | ||
(i) are for the purpose of defraying | ||
primary election expenses; and | ||
(ii) have not been included in a report | ||
filed under Section 173.084 for a previous primary election year; | ||
and | ||
(2) be submitted not later than the 45th day before | ||
general primary election day. | ||
(g) The state chair of a party, or the state chair's | ||
designee, may submit a statement under this section on behalf of a | ||
county chair if the county chair: | ||
(1) requests the state chair to submit the statement | ||
on the county chair's behalf; or | ||
(2) fails to submit the statement by the deadline. | ||
SECTION 58. Section 173.0832, Election Code, is amended to | ||
read as follows: | ||
Sec. 173.0832. DIRECT REPAYMENT TO AUTHORITY CONDUCTING | ||
PRIMARY ELECTION UNDER CONTRACT IN CERTAIN COUNTIES. On request of | ||
a county election officer [ |
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contract authorized under Subchapter D, Chapter 31, the secretary | ||
of state shall [ |
||
to the officer who incurs the expense rather than to the county | ||
chair under this subchapter. The secretary of state shall | ||
prescribe procedures to implement this section. | ||
SECTION 59. Subchapter D, Chapter 173, Election Code, is | ||
amended by adding Section 173.0833 to read as follows: | ||
Sec. 173.0833. DIRECT BILLING OF CERTAIN PRIMARY EXPENSES. | ||
(a) This section applies to election services and materials | ||
provided by a vendor for use in a primary election or primary runoff | ||
election, including: | ||
(1) the printing of paper ballot material containing | ||
candidates' names used in a polling place; | ||
(2) the programming and testing of voting system | ||
equipment, including ballot layout, programming of equipment, and | ||
audio production; | ||
(3) site support or technical support other than the | ||
programming or testing of voting system equipment; | ||
(4) nonballot election materials used in a precinct on | ||
election day, including election kits, required party stamps, | ||
distance signs, and required forms; and | ||
(5) the rental of non-county-owned electronic voting | ||
system equipment, including media components. | ||
(b) A vendor providing election services or materials to a | ||
county chair or a county election officer contracting with a county | ||
chair for a primary or runoff primary election shall directly bill | ||
the secretary of state for the cost of the services or materials | ||
used on election day for which state funding is available under this | ||
chapter. | ||
(c) The county chair or the county election officer | ||
contracting with the county chair for whom a vendor provides | ||
election services or materials to be directly billed to the | ||
secretary of state under this section: | ||
(1) shall direct the vendor to remit final invoices to | ||
the secretary of state for payment; and | ||
(2) may examine an invoice for accuracy after the | ||
invoice is submitted to the secretary of state for payment. | ||
(d) If after a review under Subsection (c)(2) an adjustment | ||
is required, the county chair or county election officer shall | ||
notify the vendor and the secretary of state. The vendor shall | ||
submit a corrected invoice and the secretary of state shall adjust | ||
the payment accordingly. | ||
(e) An invoice submitted to the secretary of state by a | ||
vendor for payment under this section must be in an electronic | ||
spreadsheet format prescribed by the secretary of state and list | ||
each county to which the vendor provides election services or | ||
materials. For each county to which a vendor provides election | ||
services or materials a submission must include: | ||
(1) the name of the political party; | ||
(2) the invoice number; | ||
(3) the date of submission; | ||
(4) the number of ballots printed, if any; | ||
(5) whether an order for ballot printing or | ||
programming of voting system equipment was placed by the county | ||
chair or an entity contracting with the county chair to hold the | ||
primary; and | ||
(6) the specific type of election services or | ||
materials provided. | ||
(f) A vendor may not submit an invoice directly billing the | ||
secretary of state for a primary election expense required to be | ||
paid by the county under Section 173.003. | ||
(g) The direct payment by the secretary of state of an | ||
invoice under this section does not affect the payments calculated | ||
for county chairs under Section 173.004 or compensation of a county | ||
election officer under Section 31.100. | ||
(h) The secretary of state may adopt rules as necessary to | ||
implement this section. | ||
SECTION 60. Section 173.084, Election Code, is amended by | ||
amending Subsections (b) and (d) and adding Subsection (b-1) to | ||
read as follows: | ||
(b) The authority preparing the report shall file it with | ||
the secretary of state not later than August 31 following the | ||
applicable primary election [ |
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case of the county chair's report, or if no runoff primary is held | ||
for a statewide or district office, in the case of the state chair's | ||
report. | ||
(b-1) The secretary for good cause, including failure of a | ||
vendor or a county election officer contracted to conduct the | ||
election to provide complete invoices in a timely fashion, may | ||
extend the filing deadline. | ||
(d) Any compensation claimed under Section 173.004 shall | ||
[ |
||
report. | ||
SECTION 61. Section 173.0851(a), Election Code, is amended | ||
to read as follows: | ||
(a) Any surplus remaining in a primary fund shall be | ||
remitted to the secretary of state immediately after the final | ||
payment from the fund of the necessary expenses for holding the | ||
primary elections for that year upon request of the secretary of | ||
state[ |
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||
regardless of whether state funds were requested by the chair. | ||
SECTION 62. Chapter 276, Election Code, is amended by | ||
adding Section 276.011 to read as follows: | ||
Sec. 276.011. ENGAGING IN ORGANIZED ELECTION FRAUD | ||
ACTIVITY. (a) A person commits an offense if, with the intent to | ||
establish, maintain, or participate in a vote harvesting | ||
organization, the person commits or conspires to commit one or more | ||
offenses under Titles 1 through 7. | ||
(b) Except as provided by Subsection (c), an offense under | ||
this section is one category higher than the most serious offense | ||
listed in Subsection (a) that is committed, and if the most serious | ||
offense is a Class A misdemeanor, the offense is a state jail | ||
felony. | ||
(c) At the punishment stage of a trial, the defendant may | ||
raise the issue as to whether in voluntary and complete | ||
renunciation of the offense the defendant withdrew from the vote | ||
harvesting organization before commission of an offense listed in | ||
Subsection (a) and made substantial effort to prevent the | ||
commission of the offense. If the defendant proves the issue in the | ||
affirmative by a preponderance of the evidence, the offense is the | ||
same category of offense as the most serious offense listed in | ||
Subsection (a) that is committed. | ||
(d) In this section, "vote harvesting organization" means | ||
three or more persons who collaborate in committing offenses under | ||
Titles 1 through 7, although participants may not know each other's | ||
identity, membership in the organization may change from time to | ||
time, and participants may stand in a candidate-consultant, | ||
donor-consultant, consultant-field operative, or other arm's | ||
length relationship in the organization's operations. | ||
(e) For purposes of this section, "conspires to commit" | ||
means that a person agrees with one or more persons that they or one | ||
or more of them engage in conduct that would constitute the offense | ||
and that person and one or more of them perform an overt act in | ||
pursuance of the agreement. An agreement constituting conspiring | ||
to commit may be inferred from the acts of the parties. | ||
SECTION 63. Sections 32.006(b) and 32.010, Election Code, | ||
are repealed. | ||
SECTION 64. The following provisions of the Election Code | ||
are repealed: | ||
(1) Sections 172.084(b), (c), (d), and (e); | ||
(2) Sections 172.113(b) and (c); | ||
(3) Section 172.119; | ||
(4) Section 172.127(a); | ||
(5) Sections 173.062(b), (c), and (d); | ||
(6) Section 173.064; and | ||
(7) Section 173.088. | ||
SECTION 65. (a) The changes in law made by this Act in | ||
amending Section 31.093(d), Election Code, as redesignated by this | ||
Act, and Section 162.014(b), Election Code, and adding Section | ||
276.011, Election Code, apply only to an offense committed on or | ||
after the effective date of this Act. An offense committed before | ||
the effective date of this Act is governed by the law in effect when | ||
the offense was committed, and the former law is continued in effect | ||
for that purpose. For purposes of this section, an offense was | ||
committed before the effective date of this Act if any element of | ||
the offense occurred before that date. | ||
(b) The change in law made by this Act to Section | ||
141.031(a), Election Code, applies to an application for a place on | ||
the ballot made on or after the effective date of this Act. An | ||
application for a place on the ballot made before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
application is made, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 66. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1735 was passed by the House on April | ||
28, 2017, by the following vote: Yeas 135, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1735 on May 25, 2017, by the following vote: Yeas 141, Nays 2, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1735 was passed by the Senate, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |