Bill Text: TX SB100 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the adoption of certain voting procedures and to certain elections, including procedures necessary to implement the federal Military and Overseas Voter Empowerment Act, deadlines for declaration of candidacy and dates for certain elections, and to terms of certain elected officials.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB100 Detail]

Download: Texas-2011-SB100-Enrolled.html

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S.B. No. 100

AN ACT
relating to the adoption of certain voting procedures and to
certain elections, including procedures necessary to implement the
federal Military and Overseas Voter Empowerment Act, deadlines for
declaration of candidacy and dates for certain elections, and to
terms of certain elected officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 101, Election Code, is amended to read as
follows:
CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 101.001. ELIGIBILITY. A person is eligible for early
voting by mail as provided by this chapter if:
(1) the person is qualified to vote in this state or,
if not registered to vote in this state, would be qualified if
registered; and
(2) the person is:
(A) a member of the armed forces of the United
States, or the spouse or a dependent of a member;
(B) a member of the merchant marine of the United
States, or the spouse or a dependent of a member; or
(C) domiciled in this state but temporarily
living outside the territorial limits of the United States and the
District of Columbia.
Sec. 101.002. GENERAL CONDUCT OF VOTING. Voting under this
chapter shall be conducted and the results shall be processed as
provided by Subtitle A for early voting by mail, except as otherwise
provided by this chapter.
Sec. 101.003. DEFINITIONS. [FORM AND CONTENTS OF
APPLICATION. (a) An application for a ballot to be voted under
this chapter must:
[(1) be submitted on an official federal postcard
application form; and
[(2) include the information necessary to indicate
that the applicant is eligible to vote in the election for which the
ballot is requested.
[(b)] In this chapter:
(1) "Federal[, "federal] postcard application" means
an application for a ballot to be voted under this chapter submitted
on the official federal form prescribed under the federal Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff
et seq.).
(2) "FPCA registrant" means a person registered to
vote under Section 101.055.
Sec. 101.004. NOTING FPCA REGISTRATION ON POLL LIST. For
each FPCA registrant accepted to vote, a notation shall be made
beside the voter's name on the early voting poll list indicating
that the voter is an FPCA registrant.
Sec. 101.005. NOTING FPCA REGISTRATION AND E-MAIL ON EARLY
VOTING ROSTER. The entry on the early voting roster pertaining to a
voter under this chapter who is an FPCA registrant must include a
notation indicating that the voter is an FPCA registrant. The early
voting clerk shall note on the early voting by mail roster each
e-mail of a ballot under Subchapter C.
Sec. 101.006. EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY
VOTING LIST. A person to whom a ballot is provided under this
chapter is not required to be included on the precinct early voting
list if the person is an FPCA registrant.
Sec. 101.007. DESIGNATION OF SECRETARY OF STATE. (a) The
secretary of state is designated as the state office to provide
information regarding voter registration procedures and absentee
ballot procedures, including procedures related to the federal
write-in absentee ballot, to be used by persons eligible to vote
under the federal Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. Section 1973ff et seq.).
(b) The secretary of state is designated as the state
coordinator between military and overseas voters and county
election officials. A county election official shall:
(1) cooperate with the secretary of state to ensure
that military and overseas voters timely receive accurate balloting
materials that a voter is able to cast in time for the election; and
(2) otherwise comply with the federal Military and
Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V,
Subt. H).
(c) The secretary of state may adopt rules as necessary to
implement this section.
Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The
secretary of state, in coordination with local election officials,
shall implement an electronic free-access system by which a person
eligible for early voting by mail under this chapter or Chapter 114
may determine by telephone, by e-mail, or over the Internet
whether:
(1) the person's federal postcard application or other
registration or ballot application has been received and accepted;
and
(2) the person's ballot has been received and the
current status of the ballot.
SUBCHAPTER B. SUBMISSION OF FEDERAL POSTCARD APPLICATION
Sec. 101.051. FORM AND CONTENTS OF APPLICATION. An
application for a ballot to be voted under this subchapter must:
(1) be submitted on an official federal postcard
application form; and
(2) include the information necessary to indicate that
the applicant is eligible to vote in the election for which the
ballot is requested.
Sec. 101.052 [101.004]. SUBMITTING APPLICATION. (a) A
federal postcard application must be submitted to the early voting
clerk for the election who serves the election precinct of the
applicant's residence.
(a-1) A federal postcard application must be submitted by:
(1) mail; or
(2) electronic transmission of an image of the
application under procedures prescribed by the secretary of state.
(b) A federal postcard application may be submitted at any
time during the calendar year in which the election for which a
ballot is requested occurs, but not later than the deadline for
submitting a regular application for a ballot to be voted by mail.
(c) A federal postcard application requesting a ballot for
an election to be held in January or February may be submitted in
the preceding calendar year but not earlier than the earliest date
for submitting a regular application for a ballot to be voted by
mail.
(d) A timely application that is addressed to the wrong
early voting clerk shall be forwarded to the proper early voting
clerk not later than the day after the date it is received by the
wrong clerk.
(e) An applicant who otherwise complies with applicable
requirements is entitled to receive a full ballot to be voted by
mail under this chapter if:
(1) the applicant submits a federal postcard
application to the early voting clerk on or before the 20th day
before election day; and
(2) the application contains the information that is
required for registration under Title 2.
(f) The applicant is entitled to receive only a federal
ballot to be voted by mail under Chapter 114 if:
(1) the applicant submits the federal postcard
application to the early voting clerk after the date provided by
Subsection (e)(1) and before the sixth day before election day; and
(2) the application contains the information that is
required for registration under Title 2.
(g) An applicant who submits a federal postcard application
to the early voting clerk on or after the sixth day before election
day is not entitled to receive a ballot by mail for that election.
(h) If the applicant submits the federal postcard
application within the time prescribed by Subsection (f)(1) and is
a registered voter at the address contained on the application, the
applicant is entitled to receive a full ballot to be voted by mail
under this chapter.
(i) Except as provided by Subsections (l) and (m), for
purposes of determining the date a federal postcard application is
submitted to the early voting clerk, an application is considered
to be submitted on the date it is placed and properly addressed in
the United States mail. An application mailed from an Army/Air
Force Post Office (APO) or Fleet Post Office (FPO) is considered
placed in the United States mail. The date indicated by the post
office cancellation mark, including a United States military post
office cancellation mark, is considered to be the date the
application was placed in the mail unless proven otherwise. For
purposes of an application made under Subsection (e):
(1) an application that does not contain a
cancellation mark is considered to be timely if it is received by
the early voting clerk on or before the 15th day before election
day; and
(2) if the 20th day before the date of an election is a
Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
early voting clerk on or before the next regular business day.
(j) If the early voting clerk determines that an application
that is submitted before the time prescribed by Subsection (e)(1)
does not contain the information that is required for registration
under Title 2, the clerk shall notify the applicant of that fact.
If the applicant has provided a telephone number or an address for
receiving mail over the Internet, the clerk shall notify the
applicant by that medium.
(k) If the applicant submits the missing information before
the time prescribed by Subsection (e)(1), the applicant is entitled
to receive a full ballot to be voted by mail under this chapter. If
the applicant submits the missing information after the time
prescribed by Subsection (e)(1), the applicant is entitled to
receive a full ballot to be voted by mail for the next election that
occurs:
(1) in the same calendar year; and
(2) after the 30th day after the date the information
is submitted.
(l) For purposes of determining the end of the period that
an application may be submitted under Subsection (f)(1), an
application is considered to be submitted at the time it is received
by the early voting clerk.
(m) The secretary of state by rule shall establish the date
on which a federal postcard application is considered to be
electronically submitted to the early voting clerk.
Sec. 101.053 [101.0041]. ACTION BY EARLY VOTING CLERK ON
CERTAIN APPLICATIONS. The early voting clerk shall notify the
voter registrar of a federal postcard application submitted by an
applicant that states a voting residence address located outside
the registrar's county.
Sec. 101.054 [101.005]. APPLYING FOR MORE THAN ONE ELECTION
IN SAME APPLICATION. (a) A person may apply with a single federal
postcard application for a ballot for any one or more elections in
which the early voting clerk to whom the application is submitted
conducts early voting.
(b) An application that does not identify the election for
which a ballot is requested shall be treated as if it requests a
ballot for:
(1) each general election in which the clerk conducts
early voting; and
(2) the general primary election if the application
indicates party preference and is submitted to the early voting
clerk for the primary.
(c) An application shall be treated as if it requests a
ballot for[:
[(1)] a runoff election that results from an election
for which a ballot is requested[; and
[(2) each election for a federal office, including a
primary or runoff election, that occurs on or before the date of the
second general election for state and county officers that occurs
after the date the application is submitted].
(d) An application requesting a ballot for more than one
election shall be preserved for the period for preserving the
precinct election records for the last election for which the
application is effective.
Sec. 101.055 [101.006]. FPCA VOTER REGISTRATION. (a) The
submission of a federal postcard application that complies with the
applicable requirements by an unregistered applicant constitutes
registration by the applicant:
(1) for the purpose of voting in the election for which
a ballot is requested; and
(2) under Title 2 unless the person indicates on the
application that the person is residing outside the United States
indefinitely.
(b) For purposes of registering to vote under this chapter,
a person shall provide the address of the last place of residence of
the person in this state or the last place of residence in this
state of the person's parent or legal guardian.
(c) The registrar shall register the person at the address
provided under Subsection (b) unless that address no longer is
recognized as a residential address, in which event the registrar
shall assign the person to an address under procedures prescribed
by the secretary of state [In this chapter, "FPCA registrant" means
a person registered to vote under this section].
Sec. 101.056 [101.007]. METHOD OF PROVIDING BALLOT;
REQUIRED ADDRESS. (a) The balloting materials provided under this
subchapter [chapter] shall be airmailed to the voter free of United
States postage, as provided by the federal Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in
an envelope labeled "Official Election Balloting Material - via
Airmail." The secretary of state shall provide early voting clerks
with instructions on compliance with this subsection.
(b) The address to which the balloting materials are sent to
a voter must be:
(1) an address outside the county of the voter's
residence; or
(2) an address in the United States for forwarding or
delivery to the voter at a location outside the United States.
(c) If the address to which the balloting materials are to
be sent is within the county served by the early voting clerk, the
federal postcard application must indicate that the balloting
materials will be forwarded or delivered to the voter at a location
outside the United States.
Sec. 101.057 [101.008]. RETURN OF VOTED BALLOT. A ballot
voted under this subchapter [chapter] may be returned to the early
voting clerk by mail, common or contract carrier, or courier.
[Sec. 101.009. NOTING FPCA REGISTRATION ON POLL LIST. For
each FPCA registrant accepted to vote, a notation shall be made
beside the voter's name on the early voting poll list indicating
that the voter is an FPCA registrant.
[Sec. 101.010. NOTING FPCA REGISTRATION ON EARLY VOTING
ROSTER. The entry on the early voting roster pertaining to a voter
under this chapter who is an FPCA registrant must include a notation
indicating that the voter is an FPCA registrant.
[Sec. 101.011. EXCLUDING FPCA REGISTRANT FROM PRECINCT
EARLY VOTING LIST. A person to whom a ballot is provided under this
chapter is not required to be included on the precinct early voting
list if the person is an FPCA registrant.]
Sec. 101.058 [101.012]. OFFICIAL CARRIER ENVELOPE. The
officially prescribed carrier envelope for voting under this
subchapter [chapter] shall be prepared so that it can be mailed free
of United States postage, as provided by the federal Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et
seq.) [Federal Voting Assistance Act of 1955], and must contain the
label prescribed by Section 101.056(a) [101.007(a)] for the
envelope in which the balloting materials are sent to a voter. The
secretary of state shall provide early voting clerks with
instructions on compliance with this section.
SUBCHAPTER C. E-MAIL TRANSMISSION OF BALLOTING MATERIALS
Sec. 101.101. PURPOSE. The purpose of this subchapter is to
implement the federal Military and Overseas Voter Empowerment Act
(Pub. L. No. 111-84, Div. A, Title V, Subt. H).
Sec. 101.102. REQUEST FOR BALLOTING MATERIALS. (a) A
person eligible to vote under this chapter may request from the
appropriate early voting clerk e-mail transmission of balloting
materials under this subchapter.
(b) The early voting clerk shall grant a request made under
this section for the e-mail transmission of balloting materials if:
(1) the requestor has submitted a valid federal
postcard application and:
(A) if the requestor is a person described by
Section 101.001(2)(C), has provided a current mailing address that
is located outside the United States; or
(B) if the requestor is a person described by
Section 101.001(2)(A) or (B), has provided a current mailing
address that is located outside the requestor's county of
residence;
(2) the requestor provides an e-mail address:
(A) that corresponds to the address on file with
the requestor's federal postcard application; or
(B) stated on a newly submitted federal postcard
application;
(3) the request is submitted on or before the seventh
day before the date of the election; and
(4) a marked ballot for the election from the
requestor has not been received by the early voting clerk.
Sec. 101.103. CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail
address used under this subchapter to request balloting materials
is confidential and does not constitute public information for
purposes of Chapter 552, Government Code. An early voting clerk
shall ensure that a voter's e-mail address provided under this
subchapter is excluded from public disclosure.
Sec. 101.104. ELECTIONS COVERED. The e-mail transmission
of balloting materials under this subchapter is limited to:
(1) an election in which an office of the federal
government appears on the ballot, including a primary election;
(2) an election to fill a vacancy in the legislature
unless:
(A) the election is ordered as an emergency
election under Section 41.0011; or
(B) the election is held as an expedited election
under Section 203.013; or
(3) an election held jointly with an election
described by Subdivision (1) or (2).
Sec. 101.105. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
Balloting materials to be sent by e-mail under this subchapter
include:
(1) the appropriate ballot;
(2) ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
counted;
(3) instructions prescribed by the secretary of state
on:
(A) how to print a return envelope from the
federal Voting Assistance Program website; and
(B) how to create a carrier envelope or signature
sheet for the ballot; and
(4) a list of certified write-in candidates, if
applicable.
Sec. 101.106. METHODS OF TRANSMISSION TO VOTER. (a) The
balloting materials may be provided by e-mail to the voter in PDF
format, through a scanned format, or by any other method of
electronic transmission authorized by the secretary of state in
writing.
(b) The secretary of state shall prescribe procedures for
the retransmission of balloting materials following an
unsuccessful transmission of the materials to a voter.
Sec. 101.107. RETURN OF BALLOT. (a) A voter described by
Section 101.001(2)(A) or (B) must be voting from outside the
voter's county of residence. A voter described by Section
101.001(2)(C) must be voting from outside the United States.
(b) A voter who receives a ballot under this subchapter must
return the ballot in the same manner as required under Section
101.057 and, except as provided by Chapter 105, may not return the
ballot by electronic transmission.
(c) A ballot that is not returned as required by Subsection
(b) is considered a ballot not timely returned and is not sent to
the early voting ballot board for processing.
(d) The deadline for the return of a ballot under this
section is the same deadline as provided in Section 86.007.
Sec. 101.108. TRACKING OF BALLOTING MATERIALS. The
secretary of state by rule shall create a tracking system under
which an FPCA registrant may determine whether a voted ballot has
been received by the early voting clerk. Each county that sends
ballots to FPCA registrants shall provide information required by
the secretary of state to implement the system.
Sec. 101.109. RULES. (a) The secretary of state may adopt
rules as necessary to implement this subchapter.
(b) The secretary of state may provide for an alternate
secure method of electronic ballot transmission under this
subchapter instead of transmission by e-mail
[Sec. 101.013. DESIGNATION OF SECRETARY OF STATE. The
secretary of state is designated as the state office to provide
information regarding voter registration procedures and absentee
ballot procedures, including procedures related to the federal
write-in absentee ballot, to be used by persons eligible to vote
under the federal Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. Section 1973ff et seq.), as amended].
SECTION 2. Section 2.025, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by Subsection (d) or as otherwise
provided by this code, a runoff election shall be held not earlier
than the 20th or later than the 45th day after the date the final
canvass of the main election is completed.
(d) A runoff election for a special election to fill a
vacancy in Congress or a special election to fill a vacancy in the
legislature to which Section 101.104 applies shall be held not
earlier than the 70th day or later than the 77th day after the date
the final canvass of the main election is completed.
SECTION 3. Subsection (c), Section 3.005, Election Code, is
amended to read as follows:
(c) For an election to be held on:
(1) the date of the general election for state and
county officers, the election shall be ordered not later than the
78th [70th] day before election day; and
(2) a uniform election date other than the date of the
general election for state and county officers, the election shall
be ordered not later than the 71st day before election day.
SECTION 4. Section 41.001, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the second Saturday in May in an odd-numbered
year;
(2) the second Saturday in May in an even-numbered
year, for an election held by a political subdivision other than a
county; or
(3) [(2)] the first Tuesday after the first Monday in
November.
(d) Notwithstanding Section 31.093, a county elections
administrator is not required to enter into a contract to furnish
election services for an election held on the date described by
Subsection (a)(2).
SECTION 5. Section 41.0052, Election Code, is amended to
read as follows:
Sec. 41.0052. CHANGING GENERAL ELECTION DATE. (a) [The
governing body of a political subdivision other than a county may,
not later than December 31, 2005, change the date on which it holds
its general election for officers to another authorized uniform
election date.
[(a-1)] The governing body of a political subdivision,
other than a county, that holds its general election for officers on
a date other than the November uniform election date may, not later
than December 31, 2012 [2010], change the date on which it holds its
general election for officers to the November uniform election
date.
(b) A governing body changing an election date under this
section shall adjust the terms of office to conform to the new
election date.
(c) A home-rule city may implement the change authorized by
Subsection (a) or provide for the election of all members of the
governing body at the same election through the adoption of a
resolution. The change contained in the resolution supersedes a
city charter provision that requires a different general election
date or that requires the terms of members of the governing body to
be staggered.
(d) The holdover of a member of a governing body of a city in
accordance with Section 17, Article XVI, Texas Constitution, so
that a term of office may be conformed to a new election date chosen
under this section does not constitute a vacancy for purposes of
Section 11(b), Article XI, Texas Constitution.
SECTION 6. Subsection (b), Section 41.007, Election Code,
is amended to read as follows:
(b) The runoff primary election date is the fourth Tuesday
in May [second Tuesday in April] following the general primary
election.
SECTION 7. Section 65.051, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) Section 1.006 does not apply to this section.
SECTION 8. Subsection (b), Section 86.004, Election Code,
is amended to read as follows:
(b) For an election to which Section 101.104 applies [the
general election for state and county officers], the balloting
materials for a voter who indicates on the application for a ballot
to be voted by mail or the federal postcard application that the
voter is eligible to vote early by mail as a consequence of the
voter's being outside the United States shall be mailed on or before
the later of the 45th day before election day or the seventh
calendar day after the date the clerk receives the application.
However, if it is not possible to mail the ballots by the deadline
of the 45th day before election day, the clerk shall notify the
secretary of state within 24 hours of knowing that the deadline will
not be met. The secretary of state shall monitor the situation and
advise the clerk, who shall mail the ballots as soon as possible in
accordance with the secretary of state's guidelines.
SECTION 9. Subsection (b), Section 86.011, Election Code,
is amended to read as follows:
(b) If the return is timely, the clerk shall enclose the
carrier envelope and the voter's early voting ballot application in
a jacket envelope. The clerk shall also include in the jacket
envelope:
(1) a copy of the voter's federal postcard application
if the ballot is voted under Chapter 101; and
(2) the signature cover sheet, if the ballot is voted
under Chapter 105.
SECTION 10. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0223 to read as follows:
Sec. 87.0223. TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR
MAIL AND E-MAIL. (a) If the early voting clerk has provided a
voter a ballot to be voted by mail by both regular mail and e-mail
under Subchapter C, Chapter 101, the clerk may not deliver a jacket
envelope containing the early voting ballot voted by mail by the
voter to the board until:
(1) both ballots are returned; or
(2) the deadline for returning marked ballots under
Section 86.007 has passed.
(b) If both the ballot provided by regular mail and the
ballot provided by e-mail are returned before the deadline, the
early voting clerk shall deliver only the jacket envelope
containing the ballot provided by e-mail to the board. The ballot
provided by regular mail is considered to be a ballot not timely
returned.
SECTION 11. Section 87.041, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) In making the determination under Subsection (b)(2) for
a ballot cast under Chapter 101 or 105, the board shall compare the
signature on the carrier envelope or signature cover sheet with the
signature of the voter on the federal postcard application.
SECTION 12. Section 87.043, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The early voting ballot board shall place the carrier
envelopes containing rejected ballots in an envelope and shall seal
the envelope. More than one envelope may be used if necessary. The
board shall keep a record of the number of rejected ballots in each
envelope.
(d) A notation must be made on the carrier envelope of any
ballot that was rejected after the carrier envelope was opened and
include the reason the envelope was opened and the ballot was
rejected.
SECTION 13. Section 87.0431, Election Code, is amended to
read as follows:
Sec. 87.0431. NOTICE OF REJECTED BALLOT. Not later than the
10th day after election day, the presiding judge of the early voting
ballot board shall deliver written notice of the reason for the
rejection of a ballot to the voter at the residence address on the
ballot application. If the ballot was transmitted to the voter by
e-mail under Subchapter C, Chapter 101, the presiding judge shall
also provide the notice to the e-mail address to which the ballot
was sent.
SECTION 14. Subsection (a), Section 87.044, Election Code,
is amended to read as follows:
(a) The early voting ballot board shall place each
application for a ballot voted by mail in its corresponding jacket
envelope. For a ballot voted under Chapter 101 or 105, the board
shall also place the copy of the voter's federal postcard
application or signature cover sheet in the same location as the
carrier envelope. If the voter's ballot was accepted, the board
shall also place the carrier envelope in the jacket envelope.
However, if the jacket envelope is to be used in a subsequent
election, the carrier envelope shall be retained elsewhere.
SECTION 15. Section 105.003, Election Code, is amended to
read as follows:
Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall
prescribe procedures to allow a voter who qualifies to vote by a
federal write-in absentee ballot to vote through use of a federal
write-in absentee ballot in:
(1) any general, special, primary, or runoff election
for federal office; or
(2) an election for any office for which balloting
materials may be sent under Section 101.104.
SECTION 16. Subsection (b), Section 142.010, Election Code,
is amended to read as follows:
(b) Not later than the 68th [55th] day before general
election day, the certifying authority shall deliver the
certification to the authority responsible for having the official
ballot prepared in each county in which the candidate's name is to
appear on the ballot.
SECTION 17. Subsection (c), Section 143.007, Election Code,
is amended to read as follows:
(c) For an election to be held on:
(1) the date of the general election for state and
county officers, the day of the filing deadline is the 78th [70th]
day before election day; and
(2) a uniform election date other than the date of the
general election for state and county officers, the day of the
filing deadline is the 71st day before election day.
SECTION 18. Subsection (d), Section 144.005, Election Code,
is amended to read as follows:
(d) For an election to be held on:
(1) the date of the general election for state and
county officers, the day of the filing deadline is the 78th [70th]
day before election day; and
(2) a uniform election date other than the date of the
general election for state and county officers, the day of the
filing deadline is the 71st day before election day.
SECTION 19. Subsection (b), Section 144.006, Election Code,
is amended to read as follows:
(b) For an election to be held on:
(1) the date of the general election for state and
county officers, the day of the filing deadline is the 78th [67th]
day before election day; and
(2) a uniform election date other than the date of the
general election for state and county officers, the day of the
filing deadline is the 71st day before election day.
SECTION 20. Subsection (e), Section 145.037, Election Code,
is amended to read as follows:
(e) The certification must be delivered not later than 5
p.m. of the 71st [70th] day before election day.
SECTION 21. Subsection (b), Section 145.038, Election Code,
is amended to read as follows:
(b) The state chair must deliver the certification of the
replacement nominee not later than 5 p.m. of the 69th [67th] day
before election day.
SECTION 22. Subsection (f), Section 145.092, Election Code,
is amended to read as follows:
(f) A candidate in an election for which the filing deadline
for an application for a place on the ballot is not later than 5 p.m.
of the 78th [70th] day before election day may not withdraw from the
election after 5 p.m. of the 71st [67th] day before election day.
SECTION 23. Subsection (a), Section 145.094, Election Code,
is amended to read as follows:
(a) The name of a candidate shall be omitted from the ballot
if the candidate:
(1) dies before the second day before the date of the
deadline for filing the candidate's application for a place on the
ballot;
(2) withdraws or is declared ineligible before 5 p.m.
of the second day before the beginning of early voting by personal
appearance, in an election subject to Section 145.092(a);
(3) withdraws or is declared ineligible before 5 p.m.
of the 53rd day before election day, in an election subject to
Section 145.092(b); or
(4) withdraws or is declared ineligible before 5 p.m.
of the 71st [67th] day before election day, in an election subject
to Section 145.092(f).
SECTION 24. Subsection (a), Section 145.096, Election Code,
is amended to read as follows:
(a) Except as provided by Subsection (b), a candidate's name
shall be placed on the ballot if the candidate:
(1) dies on or after the second day before the deadline
for filing the candidate's application for a place on the ballot;
(2) is declared ineligible after 5 p.m. of the second
day before the beginning of early voting by personal appearance, in
an election subject to Section 145.092(a);
(3) is declared ineligible after 5 p.m. of the 53rd day
before election day, in an election subject to Section 145.092(b);
or
(4) is declared ineligible after 5 p.m. of the 71st
[67th] day before election day, in an election subject to Section
145.092(f).
SECTION 25. Subsections (a) and (b), Section 146.025,
Election Code, are amended to read as follows:
(a) A declaration of write-in candidacy must be filed not
later than 5 p.m. of the 78th [70th] day before general election
day, except as otherwise provided by this code. A declaration may
not be filed earlier than the 30th day before the date of the
regular filing deadline.
(b) If a candidate whose name is to appear on the general
election ballot dies or is declared ineligible after the third day
before the date of the filing deadline prescribed by Subsection
(a), a declaration of write-in candidacy for the office sought by
the deceased or ineligible candidate may be filed not later than 5
p.m. of the 75th [67th] day before election day.
SECTION 26. Subsection (c), Section 146.029, Election Code,
is amended to read as follows:
(c) Not later than the 68th [62nd] day before election day,
the certifying authority shall deliver the certification to the
authority responsible for having the official ballot prepared in
each county in which the office sought by the candidate is to be
voted on.
SECTION 27. Subsection (b), Section 146.054, Election Code,
is amended to read as follows:
(b) For an election to be held on:
(1) the date of the general election for state and
county officers, the day of the filing deadline is the 74th [67th]
day before election day; and
(2) a uniform election date other than the date of the
general election for state and county officers, the day of the
filing deadline is the 71st day before election day.
SECTION 28. Subsection (b), Section 161.008, Election Code,
is amended to read as follows:
(b) Not later than the 68th [62nd] 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.
SECTION 29. Subsection (a), Section 172.023, Election Code,
is amended to read as follows:
(a) An application for a place on the general primary
election ballot must be filed not later than 6 p.m. on the second
Monday in December of an odd-numbered year [January 2 in the primary
election year] unless the filing deadline is extended under
Subchapter C.
SECTION 30. Subsection (d), Section 171.0231, Election
Code, is amended to read as follows:
(d) A declaration of write-in candidacy must be filed not
later than 6 [5] p.m. of the fifth [62nd] day after the date of the
filing deadline for the [before] general primary election [day.
However, if a candidate whose name is to appear on the ballot for
the office of county chair or precinct chair dies or is declared
ineligible after the third day before the date of the regular filing
deadline prescribed by this subsection, a declaration of write-in
candidacy for the office sought by the deceased or ineligible
candidate may be filed not later than 5 p.m. of the 59th day before
election day].
SECTION 31. Subsection (b), Section 172.028, Election Code,
is amended to read as follows:
(b) Not later than the 81st [57th] day before general
primary election day, the state chair shall deliver the
certification to the county chair in each county in which the
candidate's name is to appear on the ballot.
SECTION 32. Subsection (a), Section 172.052, Election Code,
is amended to read as follows:
(a) A candidate for nomination may not withdraw from the
general primary election after the 79th [62nd] day before general
primary election day.
SECTION 33. Subsections (a) and (b), Section 172.054,
Election Code, are amended to read as follows:
(a) The deadline for filing an application for a place on
the general primary election ballot is extended as provided by this
section if a candidate who has made an application that complies
with the applicable requirements:
(1) dies on or after the fifth day before the date of
the regular filing deadline and on or before the 79th [62nd] day
before general primary election day;
(2) holds the office for which the application was
made and withdraws or is declared ineligible on or after the date of
the regular filing deadline and on or before the 79th [62nd] day
before general primary election day; or
(3) withdraws or is declared ineligible during the
period prescribed by Subdivision (2), and at the time of the
withdrawal or declaration of ineligibility no other candidate has
made an application that complies with the applicable requirements
for the office sought by the withdrawn or ineligible candidate.
(b) An application for an office sought by a withdrawn,
deceased, or ineligible candidate must be filed not later than 6
p.m. of the 81st [60th] day before general primary election day. An
application filed by mail with the state chair is not timely if
received later than 5 p.m. of the 81st [60th] day before general
primary election day.
SECTION 34. Section 172.057, Election Code, is amended to
read as follows:
Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
candidate's name shall be omitted from the general primary election
ballot if the candidate withdraws, dies, or is declared ineligible
on or before the 79th [62nd] day before general primary election
day.
SECTION 35. Subsection (a), Section 172.058, Election Code,
is amended to read as follows:
(a) If a candidate who has made an application for a place on
the general primary election ballot that complies with the
applicable requirements dies or is declared ineligible after the
79th [62nd] day before general primary election day, the
candidate's name shall be placed on the ballot and the votes cast
for the candidate shall be counted and entered on the official
election returns in the same manner as for the other candidates.
SECTION 36. Subsection (a), Section 172.059, Election Code,
is amended to read as follows:
(a) A candidate for nomination may not withdraw from the
runoff primary election after 5 p.m. of the 8th [10th] day after
general primary election day.
SECTION 37. Subsection (c), Section 172.082, Election Code,
is amended to read as follows:
(c) The drawing shall be conducted at the county seat not
later than the third Tuesday in December of an odd-numbered year
[53rd day before general primary election day].
SECTION 38. Subsection (b), Section 192.033, Election Code,
is amended to read as follows:
(b) The secretary of state shall deliver the certification
to the authority responsible for having the official ballot
prepared in each county before the later of the 68th [62nd] day
before presidential election day or the second business day after
the date of final adjournment of the party's national presidential
nominating convention.
SECTION 39. Subsection (b), Section 201.051, Election Code,
is amended to read as follows:
(b) For a vacancy to be filled by a special election to be
held on the date of the general election for state and county
officers, the election shall be ordered not later than the 78th
[70th] day before election day.
SECTION 40. Subsection (f), Section 201.054, Election Code,
is amended to read as follows:
(f) For a special election to be held on the date of the
general election for state and county officers, the day of the
filing deadline is the 75th [67th] day before election day.
SECTION 41. Section 501.109, Election Code, is amended to
read as follows:
Sec. 501.109. ELECTION IN [CERTAIN] MUNICIPALITIES.
(a) This section applies only to an election to permit or prohibit
the legal sale of alcoholic beverages of one or more of the various
types and alcoholic contents in a municipality [that is located in
more than one county].
(b) An election to which this section applies shall be
conducted by the municipality instead of a county [the counties].
For the purposes of an election conducted under this section, a
reference in this chapter to:
(1) the county is considered to refer to the
municipality;
(2) the commissioners court is considered to refer to
the governing body of the municipality;
(3) the county clerk or voter registrar is considered
to refer to the secretary of the municipality or, if the
municipality does not have a secretary, to the person performing
the functions of a secretary of the municipality; and
(4) the county judge is considered to refer to the
mayor of the municipality or, if the municipality does not have a
mayor, to the presiding officer of the governing body of the
municipality.
(c) The municipality shall pay the expense of the election.
(d) An action to contest the election under Section 501.155
may be brought in the district court of any county in which the
municipality is located.
SECTION 42. Subsections (a) and (c), Section 11.055,
Education Code, are amended to read as follows:
(a) Except as provided by Subsection (c), an application of
a candidate for a place on the ballot must be filed not later than 5
p.m. of the 71st [62nd] day before the date of the election. An
application may not be filed earlier than the 30th day before the
date of the filing deadline.
(c) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 78th [70th] day before election day.
SECTION 43. Subsection (b), Section 11.056, Education Code,
is amended to read as follows:
(b) A [Except as provided by Subsection (e), a] declaration
of write-in candidacy must be filed not later than the deadline
prescribed by Section 146.054, Election Code, for a write-in
candidate in a city election [5 p.m. of the fifth day after the date
an application for a place on the ballot is required to be filed].
SECTION 44. Subsection (e), Section 11.059, Education Code,
is amended to read as follows:
(e) Not later than December 31, 2011 [2007], the board of
trustees may adopt a resolution changing the length of the terms of
its trustees. The resolution must provide for staggered terms [a
term] of either three or four years and specify the manner in which
the transition from the length of the former term to the modified
term is made. The transition must begin with the first regular
election for trustees that occurs after January 1, 2012 [2008], and
a trustee who serves on that date shall serve the remainder of that
term. This subsection expires January 1, 2017 [2013].
SECTION 45. Subsection (b), Section 130.0825, Education
Code, is amended to read as follows:
(b) A [Except as provided by Subsection (e), a] declaration
of write-in candidacy must be filed not later than the deadline
prescribed by Section 146.054, Election Code, for a write-in
candidate in a city election [5 p.m. of the fifth day after the date
an application for a place on the ballot is required to be filed].
SECTION 46. Subsection (d), Section 285.131, Health and
Safety Code, is amended to read as follows:
(d) A [Except as provided by Subsection (g), a] declaration
of write-in candidacy must be filed not later than the deadline
prescribed by Section 146.054, Election Code, for a write-in
candidate in a city election [5 p.m. of the fifth day after the date
an application for a place on the ballot is required to be filed].
SECTION 47. Subchapter A, Chapter 21, Local Government
Code, is amended by adding Section 21.004 to read as follows:
Sec. 21.004. CHANGE OF LENGTH OR STAGGERING OF TERMS IN
GENERAL-LAW MUNICIPALITY. (a) This section applies only to a
general-law municipality whose governing body is composed of
members that serve:
(1) a term of one or three years; or
(2) staggered terms.
(b) Not later than December 31, 2012, the governing body of
the general-law municipality may adopt a resolution:
(1) changing the length of the terms of its members to
two years; or
(2) providing for the election of all members of the
governing body at the same election.
(c) The resolution must specify the manner in which the
transition in the length of terms is made. The transition must
begin with the first regular election for members of the governing
body that occurs after January 1, 2013, and a member who serves on
that date shall serve the remainder of that term.
(d) This section expires January 1, 2016.
SECTION 48. Subsection (d), Section 63.0945, Water Code, is
amended to read as follows:
(d) A [Except as provided by Subsection (f), a] declaration
of write-in candidacy must be filed not later than the deadline
prescribed by Section 146.054, Election Code, for a write-in
candidate in a city election [5 p.m. of the fifth day after the date
an application for a place on the ballot is required to be filed].
SECTION 49. To the extent of any conflict, this Act prevails
over another Act of the 82nd Legislature, Regular Session, 2011,
regardless of the relative dates of enactment.
SECTION 50. The secretary of state shall adopt rules as
necessary to implement this Act, including the adjustment or
modification of any affected date, deadline, or procedure.
SECTION 51. The following are repealed:
(1) Section 41.0053, Election Code;
(2) Subsection (e), Section 11.056, and Subsection
(e), Section 130.0825, Education Code;
(3) Subsection (g), Section 285.131, Health and Safety
Code; and
(4) Subsection (f), Section 63.0945, Water Code.
SECTION 52. (a) This section applies only to a political
subdivision that elects the members of its governing body to a term
that consists of an odd number of years.
(b) Not later than December 31, 2012, the governing body of
the political subdivision may adopt a resolution changing the
length of the terms of its members to an even number of years. The
resolution must specify the manner in which the transition from the
length of the former term to the modified term is made. The
transition must begin with the first regular election for members
of the governing body that occurs after January 1, 2013, and a
member who serves on that date shall serve the remainder of that
term.
(c) This section expires January 1, 2020.
SECTION 53. The changes in law made by this Act do not apply
to an election held on November 8, 2011.
SECTION 54. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 100 passed the Senate on
April 14, 2011, by the following vote: Yeas 29, Nays 1;
May 27, 2011, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2011, House
granted request of the Senate; May 29, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 100 passed the House, with
amendments, on May 25, 2011, by the following vote: Yeas 143,
Nays 1, two present not voting; May 27, 2011, House granted request
of the Senate for appointment of Conference Committee;
May 29, 2011, House adopted Conference Committee Report by the
following vote: Yeas 147, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor