Bill Text: TX HB2640 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to political parties.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2640 Detail]
Download: Texas-2019-HB2640-Enrolled.html
H.B. No. 2640 |
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relating to political parties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 67.017(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) After each election for a statewide office or the office | ||
of United States representative, state senator, or state | ||
representative, a district office, a county office, or a precinct | ||
office, the county clerk shall prepare a report of the number of | ||
votes, including early voting votes cast by mail and early voting | ||
votes cast by personal appearance, received in each county election | ||
precinct for each candidate for each of those offices. In a | ||
presidential election year, the report must include the number of | ||
votes received in each precinct for each set of candidates for | ||
president and vice-president of the United States. [ |
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(b) The county clerk [ |
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the report to the secretary of state not later than the 30th day | ||
after election day in an electronic format prescribed by the | ||
secretary of state. | ||
SECTION 2. Section 161.008(b), Election Code, is amended to | ||
read as follows: | ||
(b) Not later than the 68th day before general election day, | ||
the secretary of state shall deliver the certification to the | ||
authority responsible for having the official general election | ||
ballot prepared in each county in which the candidate's name is to | ||
appear on the ballot. The secretary of state may deliver the | ||
certification by notifying the authority that the candidates posted | ||
on the secretary of state's Internet website are the candidates | ||
certified. In addition to the other methods of delivering the | ||
certification under this section, the secretary of state shall | ||
deliver a copy of the certification to the authority by e-mail. | ||
SECTION 3. Section 162.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. A person | ||
becomes affiliated with a political party when the person: | ||
(1) is accepted to vote in the party's primary | ||
election; or | ||
(2) returns [ |
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voting or limited primary ballot [ |
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SECTION 4. Section 162.004, Election Code, is amended by | ||
adding Subsection (a-1) and amending Subsections (b) and (c) to | ||
read as follows: | ||
(a-1) An election officer shall stamp a voter registration | ||
certificate with a party affiliation under Subsection (b) or | ||
provide an affiliation certificate under Subsection (c) unless, not | ||
later than the 90th day before the date of the primary election, the | ||
county chair notifies the county clerk that the chair does not | ||
require a stamped voter registration certificate or affiliation | ||
certificate for verification of attendance at a precinct | ||
convention. | ||
(b) Subject to Subsection (a-1), an [ |
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a primary election polling place shall stamp the party's name in the | ||
party affiliation space of the registration certificate of each | ||
voter who presents the voter's registration certificate and is | ||
accepted to vote unless the party name has already been stamped in | ||
the space. | ||
(c) Subject to Subsection (a-1), if [ |
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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 5. Section 162.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL. | ||
Subject to Section 162.004(a-1), the [ |
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general primary election shall provide an affiliation certificate | ||
with each early voting or limited ballot to be voted by mail. The | ||
certificate is not required to be provided to an applicant for a | ||
runoff primary ballot unless the applicant requests it. | ||
SECTION 6. Sections 162.008(b) and (c), Election Code, are | ||
amended to read as follows: | ||
(b) On request of a person desiring to affiliate with a | ||
political party, a member of the county executive committee for the | ||
county in which the person resides or other person authorized by | ||
party rule shall administer the following oath: "I swear that I have | ||
not voted in a primary election or participated in a convention of | ||
another party during this voting year. I hereby affiliate myself | ||
with the __________ Party." [ |
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(c) After administering the oath, the committee member or | ||
authorized person may [ |
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affiliation space unless the party name has already been stamped in | ||
the space. If the person does not present a registration | ||
certificate, the committee member or authorized person on the | ||
person's request shall issue the person an affiliation certificate | ||
[ |
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SECTION 7. Section 171.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 171.002. COMMITTEE COMPOSITION. (a) The state | ||
executive committee consists of two members from each state | ||
senatorial district or congressional district, as determined by | ||
party rule. One of each district's members must be a man and the | ||
other a woman. | ||
(b) In addition to the members representing the senatorial | ||
or congressional districts, the committee has a chair and a vice | ||
chair, one of whom must be a man and the other a woman. Except as | ||
otherwise provided by party rule, the chair and vice chair are | ||
considered members of the committee. | ||
(c) The chair, vice chair, and members representing the | ||
senatorial or congressional districts are elected at the party's | ||
biennial state convention. However, the chair, vice chair, and | ||
members may be elected for four-year terms at the state convention | ||
held in gubernatorial election years. Each holds office until a | ||
successor is elected and assumes office. | ||
(d) The members elected to represent a particular | ||
senatorial or congressional district must be those recommended by | ||
the convention delegates representing that senatorial or | ||
congressional district. | ||
SECTION 8. Section 171.003(c), Election Code, is amended to | ||
read as follows: | ||
(c) To be eligible to serve as a replacement to fill a | ||
vacancy in a membership representing a senatorial or congressional | ||
district, a person must reside in the district. | ||
SECTION 9. Section 171.004(a), Election Code, is amended to | ||
read as follows: | ||
(a) To participate in a state executive committee meeting as | ||
a proxy for a member representing a senatorial or congressional | ||
district, a person must reside in that district. | ||
SECTION 10. Section 171.0231, Election Code, is amended to | ||
read as follows: | ||
Sec. 171.0231. WRITE-IN CANDIDATE FOR COUNTY CHAIR OR | ||
PRECINCT CHAIR. (a) Write-in candidates are not permitted for | ||
county chair or precinct chair unless a county executive committee | ||
authorizes write-in candidates. | ||
(b) If the county executive committee authorizes write-in | ||
candidates: | ||
(1) a [ |
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chair or precinct chair may not be counted unless the name written | ||
in appears on the list of write-in candidates; | ||
(2) to[ |
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[ |
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candidates, a candidate must make a declaration of write-in | ||
candidacy; | ||
(3) a[ |
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[ |
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the authority with whom an application for a place on the ballot is | ||
required to be filed for the office; | ||
(4) a[ |
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[ |
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later than 6 p.m. of the fifth day after the date of the filing | ||
deadline for the general primary election; | ||
(5) with[ |
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[ |
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practicable, Subchapter B, Chapter 146, applies to write-in voting | ||
for the office of county chair or precinct chair; and | ||
(6) the[ |
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[ |
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necessary to implement this subsection [ |
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SECTION 11. Section 171.024, Election Code, is amended by | ||
amending Subsection (e) and adding Subsections (f) and (g) to read | ||
as follows: | ||
(e) After a vacancy is filled, the county chair shall submit | ||
the replacement member's name to the secretary of state for posting | ||
on the secretary of state's Internet website [ |
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(f) The secretary of state shall create a system for the | ||
county chair to submit the information to the secretary of state for | ||
posting on the secretary of state's Internet website under | ||
Subsection (e). | ||
(g) The state executive committee may by rule require a | ||
specific deadline for filling vacancies on a county executive | ||
committee before that committee fills a vacancy in nomination for | ||
public office, but may not set the deadline for a date later than | ||
the date that the vacancy in nomination for public office occurred. | ||
The deadline does not apply to the filling of a vacancy if the | ||
executive committee contains no members. | ||
SECTION 12. Section 171.051, Election Code, is amended to | ||
read as follows: | ||
Sec. 171.051. DISTRICT EXECUTIVE COMMITTEE ESTABLISHED. | ||
(a) For each district from which an officer of the federal or state | ||
government is elected, a district executive committee is | ||
established as provided by this subchapter for each political party | ||
holding a primary election. | ||
(b) The state executive committee may by rule require a | ||
specific deadline for filling vacancies on a district executive | ||
committee before that committee fills a vacancy in nomination for | ||
public office, but may not set the deadline for a date later than | ||
the date that the vacancy in nomination for public office occurred. | ||
The deadline does not apply to the filling of a vacancy if the | ||
executive committee contains no members. | ||
SECTION 13. Section 171.053(a), Election Code, is amended | ||
to read as follows: | ||
(a) The district executive committee for a district | ||
comprising only a part of a single county consists of the members of | ||
the county executive committee who reside [ |
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SECTION 14. Section 171.071, Election Code, is amended to | ||
read as follows: | ||
Sec. 171.071. PRECINCT EXECUTIVE COMMITTEE ESTABLISHED. | ||
(a) For each commissioners precinct and for each justice precinct, | ||
a precinct executive committee is established as provided by this | ||
subchapter for each political party holding a primary election. | ||
(b) The state executive committee may by rule require a | ||
specific deadline for filling vacancies on a precinct executive | ||
committee before that committee fills a vacancy in nomination for | ||
public office, but may not set the deadline for a date later than | ||
the date that the vacancy in nomination for public office occurred. | ||
The deadline does not apply to the filling of a vacancy if the | ||
executive committee contains no members. | ||
SECTION 15. Section 171.072(a), Election Code, is amended | ||
to read as follows: | ||
(a) The precinct executive committee for a commissioners | ||
precinct or for a justice precinct containing three or more county | ||
election precincts consists of the members of the county executive | ||
committee who reside [ |
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SECTION 16. Subchapter B, Chapter 172, Election Code, is | ||
amended by adding Sections 172.0222 and 172.0223 to read as | ||
follows: | ||
Sec. 172.0222. REVIEW OF APPLICATION; NOTICE TO CANDIDATE. | ||
(a) If the application of this section conflicts with the | ||
application of Section 141.032, this section prevails. | ||
(b) On the filing of an application for a place on the | ||
general primary election ballot, the authority with whom the | ||
application is filed shall review the application to determine | ||
whether it complies with the requirements as to form, content, and | ||
procedure that it must satisfy for the candidate's name to be placed | ||
on the general primary election ballot. | ||
(c) Except as provided by Subsection (d) or (e), the review | ||
shall be completed not later than the fifth business day after the | ||
date the application is received by the authority. | ||
(d) If an application is submitted fewer than five business | ||
days before the regular filing deadline, the review shall be | ||
completed not later than the first Friday after the regular filing | ||
deadline. | ||
(e) If an application is accompanied by a petition, the | ||
petition is considered part of the application, and the review | ||
shall be completed as soon as practicable after the date the | ||
application is received by the authority. However, the petition is | ||
not considered part of the application for purposes of determining | ||
compliance with the requirements applicable to each document, and a | ||
deficiency in the requirements for one document may not be remedied | ||
by the contents of the other document. Unless the petition is | ||
challenged, the authority is only required to review the petition | ||
for facial compliance with the applicable requirements as to form, | ||
content, and procedure. | ||
(f) A determination under this section that an application | ||
complies with the applicable requirements does not preclude a | ||
subsequent determination that the application does not comply, | ||
subject to Section 172.0223. | ||
(g) If an application does not comply with the applicable | ||
requirements, the authority shall reject the application and | ||
immediately deliver to the candidate written notice of the reason | ||
for the rejection. | ||
(h) This section does not apply to a determination of a | ||
candidate's eligibility. | ||
(i) After the filing deadline: | ||
(1) a candidate may not amend an application filed | ||
under Section 172.021; and | ||
(2) the authority with whom the application is filed | ||
may not accept an amendment to an application filed under Section | ||
172.021. | ||
Sec. 172.0223. LIMITATION ON CHALLENGE OF APPLICATION. (a) | ||
If the application of this section conflicts with the application | ||
of Section 141.034, this section prevails. | ||
(b) An application for a place on the general primary | ||
election ballot may not be challenged for compliance with the | ||
applicable requirements as to form, content, and procedure after | ||
the 50th day before the date of the election for which the | ||
application is made. | ||
(c) This section does not apply to a determination of a | ||
candidate's eligibility. | ||
(d) A challenge must state with specificity how the | ||
application does not comply with the applicable requirements as to | ||
form, content, and procedure. The authority's review of the | ||
challenge is limited to the specific items challenged and any | ||
response filed with the authority by the challenged candidate. | ||
SECTION 17. Section 172.055(c), Election Code, is amended | ||
to read as follows: | ||
(c) Not later than 24 hours after the candidate withdraws or | ||
is declared ineligible or after the authority preparing the notice | ||
learns of the candidate's death, as applicable, the authority | ||
shall: | ||
(1) deliver a copy of the notice to: | ||
(A) [ |
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in the county or, if none, at least one weekly newspaper published | ||
there, if any, for a notice prepared by the county chair; | ||
(B) [ |
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regularly maintain a news representative at the State Capitol, for | ||
a notice applicable to a statewide office; or | ||
(C) [ |
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in each county wholly or partly situated in the district or, if | ||
none, at least one weekly newspaper published there, if any, for a | ||
notice prepared by the state chair for a district office; | ||
(2) post the notice on the authority's Internet | ||
website, if one is maintained; and | ||
(3) send a copy of the notice to: | ||
(A) the secretary of state, to be posted on the | ||
secretary of state's Internet website, for a candidate for an | ||
office filled by voters of more than one county; or | ||
(B) the county clerk, to be posted on the | ||
county's Internet website, for an office filled by voters of a | ||
single county. | ||
SECTION 18. Section 172.082, Election Code, is amended by | ||
amending Subsections (b) and (f) and adding Subsection (g) to read | ||
as follows: | ||
(b) The county chair or the county chair's designee shall | ||
conduct the drawing unless the county executive committee provides | ||
by resolution that the drawing be conducted by the primary | ||
committee. | ||
(f) The state chair shall conduct the drawing if: | ||
(1) the county chair[ |
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drawing; or | ||
(2) the county chair or the county chair's designee | ||
fails to conduct the drawing by the deadline set in this section. | ||
(g) A designee appointed by the county chair to conduct the | ||
drawing under this section must be: | ||
(1) a member of the county executive committee; or | ||
(2) if no member of the county executive committee is | ||
available to conduct the drawing, a resident of the county served by | ||
the committee who is affiliated with the same political party. | ||
SECTION 19. Section 172.088(g), Election Code, is amended | ||
to read as follows: | ||
(g) The state executive committee shall prescribe the | ||
wording of the ballot language for the proposition submitted by the | ||
petition [ |
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SECTION 20. Section 172.090, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(a) In a primary election [ |
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resolution, order, or other official action for voting [ |
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precinct chair. | ||
(d) The county chair or the county clerk may produce and | ||
number ballots by hand under this section. | ||
(e) The secretary of state shall adopt rules for conducting | ||
a hand count of ballots under this section. | ||
SECTION 21. Sections 172.1111(a) and (c), Election Code, | ||
are amended to read as follows: | ||
(a) Before the opening of the polls during the early voting | ||
period and on election day, the 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 precinct, county, senatorial, or | ||
state convention that a voter in the precinct may be eligible to | ||
attend during the election year. | ||
(c) The notice must remain posted continuously through the | ||
early voting period and on election day. | ||
SECTION 22. Section 172.1112(a), Election Code, is amended | ||
to read as follows: | ||
(a) The county clerk shall post a notice of the 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 county's [ |
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Internet website, if the county [ |
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county [ |
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posted on the bulletin board used for posting notice of meetings of | ||
the commissioners court. | ||
SECTION 23. Section 172.1114(e), Election Code, is amended | ||
to read as follows: | ||
(e) A county chair of a political party shall supply or | ||
contract with the authority to 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. The authority's preparation of copies is a | ||
necessary expense incurred in connection with a primary election | ||
under Section 173.001. | ||
SECTION 24. Section 172.113(e), Election Code, is amended | ||
to read as follows: | ||
(e) On completing the tabulation, the authority shall: | ||
(1) deliver it to the general custodian; or [ |
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(2) post the tabulation: | ||
(A) on the county's website; and [ |
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(B) if required by secretary of state rule, the | ||
secretary of state's website. | ||
SECTION 25. Section 172.1141, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.1141. LIST OF REGISTERED VOTERS FOR CONVENTION. | ||
(a) A county clerk shall prepare a list under this section unless, | ||
not later than the 90th day before the date of the primary, the | ||
county chair notifies the county clerk that the chair does not | ||
require a list. 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 state chair or county chair may request and the | ||
county clerk shall provide not later than the date of the local | ||
general primary canvass an electronic document listing the persons | ||
who voted in the party primary, the unique identifier assigned to | ||
each person, and whether the person voted early in person or by | ||
mail, or voted in person on election day. | ||
SECTION 26. Section 172.115(c), Election Code, is amended | ||
to read as follows: | ||
(c) The presiding judge shall retain and provide at the | ||
appropriate time the list of registered voters to be used in the | ||
party's conventions if the list was produced under Section | ||
172.1141. | ||
SECTION 27. Section 172.116, Election Code, is amended by | ||
amending Subsections (a), (b), and (c) and adding Subsection (h) to | ||
read as follows: | ||
(a) The county chair or the county chair's designee and, if | ||
available, at least one member of the county executive committee | ||
selected by the county executive committee shall canvass the | ||
precinct election returns for the county. | ||
(b) The county chair or the county chair's designee and any | ||
selected county executive committee member shall convene to conduct | ||
the local canvass on the second Thursday after election day at the | ||
hour specified by the county chair and posted on the county party | ||
website or the commissioners court bulletin board if the county | ||
organization of the political party does not maintain a website. | ||
(c) The county clerk shall prepare and electronically | ||
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. | ||
(h) A designee appointed by the county chair to conduct the | ||
local canvass under this section must be: | ||
(1) a member of the county executive committee; or | ||
(2) if no member of the county executive committee is | ||
available to conduct the canvass, a resident of the county served by | ||
the committee who is affiliated with the same political party. | ||
SECTION 28. Sections 172.117(a-1) and (a-2), Election Code, | ||
are amended to read as follows: | ||
(a-1) The secretary of state shall develop appropriate | ||
notations to describe the status of each candidate. The notations | ||
shall include: | ||
(1) "filed"; | ||
(2) "accepted"; | ||
(3) "rejected"; | ||
(4) "withdrew"; | ||
(5) [ |
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(6) [ |
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(7) [ |
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(8) [ |
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(9) [ |
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(10) [ |
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(a-2) The county chair shall update the notations after each | ||
general primary and runoff primary election, unless the secretary | ||
of state's Internet website automatically updates the notations | ||
based on election returns. 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 29. Section 172.121(b), Election Code, is amended | ||
to read as follows: | ||
(b) The secretary of state shall update the status of each | ||
candidate as appropriate [ |
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secretary of state's website whether the person lost in the primary | ||
or is in a runoff for the position as soon as practicable after the | ||
state canvass of the general primary election is completed. | ||
SECTION 30. Section 172.122, Election Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) Not later than the 20th day after the date the state | ||
canvass is completed, the state chair shall submit [ |
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certification to the secretary of state for posting on the | ||
secretary of state's Internet website. | ||
(c) The secretary of state shall create a system for the | ||
state chair to submit the information to the secretary of state for | ||
posting on the secretary of state's Internet website under | ||
Subsection (b). | ||
SECTION 31. Section 172.124(a), Election Code, is amended | ||
to read as follows: | ||
(a) For each primary election, the county clerk shall | ||
prepare a report of the number of votes, including early voting | ||
votes, received in each county election precinct by each candidate | ||
for an [ |
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precinct results for a general election. | ||
SECTION 32. Section 172.130(a), Election Code, is amended | ||
to read as follows: | ||
(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, county chair's designee, | ||
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 Section [ |
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[ |
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SECTION 33. Section 173.032(c), Election Code, is amended | ||
to read as follows: | ||
(c) The state chair may, with the consent of the secretary | ||
of state and the county chair or 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 34. Subchapter B, Chapter 173, Election Code, is | ||
amended by adding Section 173.0341 to read as follows: | ||
Sec. 173.0341. STATE CHAIR AS FISCAL AGENT FOR COUNTY | ||
PARTY. (a) A state chair, or the designee of a state chair, may | ||
enter into an agreement with a county chair under which the state | ||
chair will act as a fiscal agent for the county party. | ||
(b) The secretary of state shall prescribe the form of an | ||
agreement under this section. | ||
(c) If the state chair acts as the fiscal agent for a county | ||
party in accordance with an agreement under this section: | ||
(1) the state chair shall deliver the completed | ||
agreement to the secretary of state; | ||
(2) any filing fee received by the county party under | ||
Subchapter C must be made payable to the state party for deposit in | ||
the state primary fund not later than five days after receipt of the | ||
filing fee; | ||
(3) the county chair or county executive committee | ||
shall make a request in accordance with Section 31.093 to enter into | ||
a contract with the county elections administrator to conduct | ||
primary elections in the county; and | ||
(4) Section 173.031 does not apply to the county | ||
party. | ||
SECTION 35. Section 173.061, Election Code, is amended to | ||
read as follows: | ||
Sec. 173.061. FEE PAID TO COUNTY CHAIR. Except as provided | ||
by Section 173.0341(c)(2), the [ |
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the county primary fund each filing fee accompanying an application | ||
for a place on the ballot filed with the county chair. | ||
SECTION 36. Section 174.021(b), Election Code, is amended | ||
to read as follows: | ||
(b) A political party may by rule allow a county to hold | ||
precinct conventions before or during the county convention on the | ||
same day and at the same place as the county convention. The rule | ||
may modify other provisions of this subchapter as necessary for the | ||
county to hold precinct conventions as provided by this subsection. | ||
SECTION 37. Section 174.025(c), Election Code, is amended | ||
to read as follows: | ||
(c) Before conducting business, the precinct chair shall | ||
prepare a list containing the name and residence address of each | ||
person who is admitted to participate in the convention. The state | ||
executive committee by rule may adopt an alternate process in place | ||
of the requirement under this subsection. | ||
SECTION 38. Sections 174.064(c) and (d), Election Code, are | ||
amended to read as follows: | ||
(c) The county chair shall post [ |
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a county convention. The temporary chair of a senatorial district | ||
convention shall post [ |
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district convention. | ||
(d) If the county chair fails to post [ |
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accordance with this section, another member of the county | ||
executive committee may post [ |
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temporary chair of a senatorial district convention fails to post | ||
[ |
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of the county executive committee who may participate in setting | ||
the convention's hour and place may post [ |
||
SECTION 39. Section 191.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 191.003. NOTICE OF CANDIDATES TO SECRETARY OF STATE. | ||
(a) The state chair of each political party holding a presidential | ||
primary election shall submit the information to the secretary of | ||
state for posting on the secretary of state's Internet website and | ||
certify the name of each presidential candidate who qualifies for a | ||
place on the presidential primary election ballot in the same | ||
manner as a candidate filing for statewide, district, and county | ||
offices [ |
||
not later than the ninth day after the date of the regular filing | ||
deadline for the general primary election. | ||
(b) The secretary of state shall create a system for | ||
submitting the information to the secretary of state for posting on | ||
the secretary of state's Internet website under Subsection (a). | ||
SECTION 40. Section 191.004(b), Election Code, is amended | ||
to read as follows: | ||
(b) The names of the presidential candidates shall be | ||
printed as the first race on the ballot under the heading | ||
"Preference For Presidential Nominee" followed by the instruction, | ||
"You may vote for one presidential candidate whose name appears on | ||
the ballot by making a mark [ |
||
beside the candidate's name." If party rules provide for voting for | ||
an uncommitted status, the instruction shall read, "You may vote | ||
for one presidential candidate whose name appears on the ballot by | ||
making a mark [ |
||
candidate's name or you may vote as uncommitted by making a mark | ||
[ |
||
only one choice." The instruction shall be changed as appropriate | ||
to accommodate the form of a voting system ballot. | ||
SECTION 41. Section 191.008(d), Election Code, is amended | ||
to read as follows: | ||
(d) For a political party to be entitled to have its | ||
nominees for president and vice-president of the United States | ||
placed on the general election ballot in an election year in which | ||
the party is holding a presidential primary election, the rules | ||
adopted under this section or the rules already in existence must be | ||
posted on the party's Internet website and filed with the secretary | ||
of state not later than January 5 of the presidential election year. | ||
The secretary of state may extend this deadline for good cause. | ||
SECTION 42. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 171.054(g); | ||
(2) Section 174.023(b); and | ||
(3) Section 174.064(b). | ||
SECTION 43. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2640 was passed by the House on May | ||
10, 2019, by the following vote: Yeas 130, Nays 11, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2640 on May 24, 2019, by the following vote: Yeas 100, Nays 40, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2640 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |