Bill Text: TX SB398 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the separation of federal elections from state and local elections, and to related practices and procedures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB398 Detail]

Download: Texas-2023-SB398-Introduced.html

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88R1541 MLH-F
By: Hall S.B. No. 398

A BILL TO BE ENTITLED
AN ACT
relating to the separation of federal elections from state and
local elections, and to related practices and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.002(a), Election Code, is amended to
read as follows:
(a) This code applies to all general, special, federal, and
primary elections held in this state.
SECTION 2. Section 1.005, Election Code, is amended by
amending Subdivisions (4-b), (7), (14), and (19) and adding
Subdivisions (4-c) and (4-d) to read as follows:
(4-b) "Federal election" means a primary or general
election for a federal office or a resulting runoff election and
does not include an election held for electors for president and
vice president of the United States.
(4-c) "Federal judge" means:
(A) a judge, former judge, or retired judge of a
United States court of appeals;
(B) a judge, former judge, or retired judge of a
United States district court;
(C) a judge, former judge, or retired judge of a
United States bankruptcy court; or
(D) a magistrate judge, former magistrate judge,
or retired magistrate judge of a United States district court.
(4-d) "Federal office" means the office of United
States senator or United States representative.
(7) "General election for state and county officers"
means the general election at which officers of the [federal,]
state[,] and county governments are elected.
(14) "Primary election" means an election held by a
political party under Chapter 172 to select its nominees for public
office, and, unless the context indicates otherwise, the term
includes a [presidential] primary election for a federal office.
(19) "Statewide office" means an office of the
[federal or] state government that is voted on statewide.
SECTION 3. Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and
20, Election Code, are designated as Subtitle A, Title 2, Election
Code, and a heading is added to Subtitle A to read as follows:
SUBTITLE A. GENERAL REQUIREMENTS
SECTION 4. Section 11.002(a), Election Code, is amended to
read as follows:
(a) In this code, "qualified voter" means a person who:
(1) is 18 years of age or older;
(2) is a United States citizen;
(3) has not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) has not been finally convicted of a felony or, if
so convicted, has:
(A) fully discharged the person's sentence,
including any term of incarceration, parole, or supervision, or
completed a period of probation ordered by any court; or
(B) been pardoned or otherwise released from the
resulting disability to vote;
(5) is a resident of this state; and
(6) is a registered voter under this subtitle.
SECTION 5. Section 15.003(a), Election Code, is amended to
read as follows:
(a) On receipt of a voter registration certificate issued
under this subtitle [title], the person to whom the certificate is
issued must personally sign it in the appropriate space.
SECTION 6. Title 2, Election Code, is amended by adding
Subtitle B to read as follows:
SUBTITLE B. FEDERAL ELECTIONS
CHAPTER 21. GENERAL PROVISIONS
Sec. 21.001. DEFINITIONS. In this subtitle:
(1) "Federal ballot" means a ballot that only lists
elections and candidates for federal office.
(2) "State election" means an election that is not a
federal election.
Sec. 21.002. FEDERAL ELECTIONS SEPARATE. (a)
Notwithstanding other law, a federal election is a separate
election from any other election in this state.
(b) A federal election under this subtitle may not list on
the federal ballot any proposition or election for state or county
office.
(c) To the extent feasible, a federal election and a state
election shall be held separately and concurrently using the same
precincts and polling locations.
Sec. 21.003. RULES. (a) The secretary of state shall adopt
rules to enact this subtitle.
(b) The rules adopted under this section must reduce voter
disruption and confusion to the greatest extent possible, including
rules requiring use of the same area in which voters are being
accepted for voting and the same voting stations for state and
federal elections.
CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS
Sec. 22.001. DEFINITION. In this chapter, "military
service voter" means:
(1) a member of the armed forces of the United States;
(2) a member of the merchant marine of the United
States;
(3) a member of the Texas National Guard;
(4) a member of the National Guard of another state
serving on active duty under an order of the president of the United
States;
(5) a member of a reserve component of the armed forces
of the United States serving on active duty under an order of the
president of the United States or activated on state orders; or
(6) a spouse or dependent of a member of a military
organization listed in Subdivisions (1) through (5).
Sec. 22.002. ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To
be eligible to vote in a federal election in this state, a person
must:
(1) be a qualified voter as defined by Section 11.002
on the day the person offers to vote; or
(2) meet all requirements for voter eligibility under
federal law and:
(A) meet all of the requirements to be a
qualified voter under Section 11.002 except the requirement under
Section 11.002(a)(6) that the person be a registered voter under
Subtitle A, and be:
(i) a military service voter; or
(ii) domiciled in this state but
temporarily living outside the territorial limits of the United
States and the District of Columbia; or
(B) be unable to complete the registration
requirements under Subtitle A.
Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) If
the United States Congress enacts legislation that allows a voter
to be eligible to register to vote under this subtitle when the same
voter would be ineligible to register to vote under Subtitle A, the
secretary of state shall create and maintain a procedure by which a
person eligible under Section 22.002 may submit an application to
register to vote under this subtitle. The procedure under this
section must comply with all federal laws for voter registration.
(b) A person who submits an application for registration
under Chapter 13 that does not comply with all requirements under
Subtitle A but does comply with all requirements under federal law
shall be registered to vote under this subtitle.
(c) A person registered to vote under Subsection (b) who
submits an application for registration under Chapter 13 that is
accepted becomes registered to vote under Subtitle A.
CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS
Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority
preparing a ballot for a concurrent federal and state election
shall prepare a separate federal ballot for voters registered under
this subtitle.
Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.
(a) A voter registered to vote under Subtitle A may vote a full
ballot containing propositions and candidates for office in state
and federal elections.
(b) A voter registered to vote under this subtitle may only
vote a federal ballot.
Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and
reporting procedures for a state election shall be conducted under
the provisions of this code.
(b) To the extent possible, voting, tabulation, and
reporting procedures for a federal election shall be conducted
under the provisions of this code.
(c) To the extent that federal law conflicts with a
provision of this code regarding voting, tabulation, and reporting
procedures for a federal election, those procedures shall be
conducted under the provisions of the applicable federal law.
SECTION 7. Subchapter A, Chapter 41, Election Code, is
amended by adding Section 41.003 to read as follows:
Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a)
The general election for federal officers shall be held on the first
Tuesday after the first Monday in November in even-numbered years.
(b) To the extent feasible, the general election for federal
officers shall be held concurrently with the general election for
state and county officers.
SECTION 8. The heading to Section 41.007, Election Code, is
amended to read as follows:
Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY
OFFICERS.
SECTION 9. Sections 41.007(a) and (d), Election Code, are
amended to read as follows:
(a) The general primary election date for state and county
officers is the first Tuesday in March in each even-numbered year.
(d) No [other] election other than a primary election for
federal officers may be held on the date of a primary election.
SECTION 10. Subchapter A, Chapter 41, Election Code, is
amended by adding Section 41.0075 to read as follows:
Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a)
The primary election date for federal officers is the first Tuesday
in March in each even-numbered year.
(b) The runoff primary election date for federal officers is
the fourth Tuesday in May following the primary election for
federal officers.
(c) To the extent feasible, the primary election for federal
officers shall be held concurrently with the primary election for
state and county officers.
SECTION 11. Section 42.002(a), Election Code, is amended to
read as follows:
(a) The county election precincts are the election
precincts for the following elections:
(1) the general election for state and county
officers;
(2) a special election ordered by the governor;
(3) a primary election;
(4) a countywide election ordered by the commissioners
court, county judge, or other county authority, except an election
subject to Section 42.062(2); [and]
(5) a federal election; and
(6) as provided by Section 42.0621, any other election
held by a political subdivision on a uniform election date.
SECTION 12. Section 67.010(a), Election Code, is amended to
read as follows:
(a) The county election returns for an election for a
statewide office other than governor or lieutenant governor, a
statewide measure, a district office, a federal office, or
president and vice-president of the United States shall be
canvassed by the governor.
SECTION 13. Section 84.014, Election Code, is amended to
read as follows:
Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
APPLICATIONS. If an applicant provides a date of birth, driver's
license number, or social security number on the applicant's
application for an early voting ballot to be voted by mail that is
different from or in addition to the information maintained by the
voter registrar in accordance with Subtitle A, Title 2, the early
voting clerk shall notify the voter registrar. The voter registrar
shall update the voter's record with the information provided by
the applicant.
SECTION 14. Section 101.052, Election Code, is amended by
amending Subsections (e), (f), and (j) and adding Subsection (n) to
read as follows:
(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 Subtitle A, 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 deadline for submitting a regular
application for a ballot to be voted by mail; and
(2) the application contains the information that is
required for registration under Subtitle A, Title 2.
(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 Subtitle A, 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.
(n) A federal postcard application that does not meet the
requirements of Subtitle A, Title 2, may still constitute
registration for federal elections if the federal postcard
application meets the requirements of Subtitle B, Title 2.
SECTION 15. Section 101.053(b), Election Code, is amended
to read as follows:
(b) If an applicant provides a date of birth, driver's
license number, or social security number on the applicant's
federal postcard application that is different from or in addition
to the information maintained by the voter registrar in accordance
with Subtitle A, Title 2, the early voting clerk shall notify the
voter registrar. The voter registrar shall update the voter's
record with the information provided by the applicant.
SECTION 16. Section 101.055, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The submission of a federal postcard application that
complies with the [applicable] requirements of Subtitle A, Title 2,
by an unregistered applicant constitutes registration by the
applicant:
(1) for the purpose of voting in the election for state
and county officers for which a ballot is requested; and
(2) under Subtitle A, Title 2, if the federal postcard
application complies with the requirements under that subtitle,
unless the person indicates on the application that the person is
residing outside the United States indefinitely.
(a-1) The submission of a federal postcard application that
complies with the requirements of Subtitle B, Title 2, by an
unregistered applicant constitutes registration by the applicant:
(1) for the purpose of voting in the election for
federal officers for which a ballot is requested; and
(2) under Subtitle B, Title 2, if the federal postcard
application complies with the requirements under that subtitle,
unless the person indicates on the application that the person is
residing outside the United States indefinitely.
SECTION 17. Section 142.005, Election Code, is amended to
read as follows:
Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An
application for a place on the ballot must be filed with:
(1) the secretary of state, for a federal, statewide,
or district office; or
(2) the county judge, for a county or precinct office.
SECTION 18. Section 145.033, Election Code, is amended to
read as follows:
Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.
A candidate must file a withdrawal request with:
(1) the secretary of state, for a federal, statewide,
or district office; or
(2) the authority responsible for having the official
ballot prepared, for a county or precinct office.
SECTION 19. Section 145.037(d), Election Code, is amended
to read as follows:
(d) The chair must deliver the certification to:
(1) the secretary of state, for a federal, statewide,
or district office; or
(2) the authority responsible for having the official
ballot prepared, for a county or precinct office.
SECTION 20. Section 146.024, Election Code, is amended to
read as follows:
Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A
declaration of write-in candidacy must be filed with:
(1) the secretary of state, for a federal, statewide,
or district office; or
(2) the county judge, for a county or precinct office.
SECTION 21. The heading to Section 161.008, Election Code,
is amended to read as follows:
Sec. 161.008. CERTIFICATION OF NOMINEES FOR FEDERAL,
STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION
BALLOT.
SECTION 22. Section 161.008(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (c), the secretary of
state shall certify in writing for placement on the general
election ballot the name of each candidate nominated at a primary
election or convention of a political party for a federal,
statewide, or district office.
SECTION 23. Section 163.006(d), Election Code, is amended
to read as follows:
(d) Before January 15 of each year in which political
parties hold precinct conventions under this title, the secretary
of state shall deliver written notice of the requirements of this
section to the state chair of each party that had a nominee for a
federal, statewide, or district office on the most recent general
election ballot.
SECTION 24. Section 172.059(b), Election Code, is amended
to read as follows:
(b) A withdrawal request for the runoff primary must be
filed with the state chair, for a federal, statewide, or district
office, or with the county chair, for a county or precinct office.
SECTION 25. The heading to Section 172.121, Election Code,
is amended to read as follows:
Sec. 172.121. CERTIFICATION OF CANDIDATES FOR FEDERAL,
STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT.
SECTION 26. Section 172.121(a), Election Code, is amended
to read as follows:
(a) The state chair shall certify on the secretary of
state's website for placement on the runoff primary election ballot
the name of each general primary candidate for a federal,
statewide, or district office who is to be a candidate in the
runoff.
SECTION 27. The heading to Section 172.122, Election Code,
is amended to read as follows:
Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN
APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL
REQUIREMENTS FOR FEDERAL, STATEWIDE, AND DISTRICT OFFICES TO
SECRETARY OF STATE.
SECTION 28. 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 federal, 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 adopt by rule a process to
allow the chair to submit the affidavit digitally.
SECTION 29. Section 173.063, Election Code, is amended to
read as follows:
Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair
shall deposit in the state primary fund each filing fee
accompanying an application for a place on the ballot filed with the
state chair:
(1) for a federal office;
(1-a) for a statewide office; or
(2) for a district office if the application is filed
after the regular filing deadline.
SECTION 30. Section 181.0311(a), Election Code, is amended
to read as follows:
(a) In addition to any other requirements, to be considered
for nomination by convention, a candidate must:
(1) pay a filing fee to the secretary of state for a
federal, statewide, or district office or the county judge for a
county or precinct office; or
(2) submit to the secretary of state for a federal,
statewide, or district office or the county judge for a county or
precinct office a petition in lieu of a filing fee that satisfies
the requirements prescribed by Subsection (e) and Section 141.062.
SECTION 31. Section 181.032(a), Election Code, is amended
to read as follows:
(a) An application for nomination by a convention must be
filed with:
(1) the state chair, for a federal, statewide, or
district office; or
(2) the county chair, for a county or precinct office.
SECTION 32. Section 181.068(b), Election Code, is amended
to read as follows:
(b) Not later than the 20th day after the date of the
convention making the nomination, the presiding officer shall
deliver the certification to:
(1) the authority responsible for having the official
general election ballot prepared in the county, for certification
of a county or precinct office; or
(2) the secretary of state, for certification of a
federal, statewide, or district office.
SECTION 33. Sections 231.008(b) and (c), Election Code, are
amended to read as follows:
(b) If the judgment in a contest for an office affects the
preparation of the ballot for a succeeding election, the clerk
shall deliver a copy to the authority responsible for having the
official ballot prepared or, in the case of a federal, statewide, or
district office, to the authority responsible for certifying the
names of the candidates for placement on the ballot.
(c) If the judgment orders that a new general or special
election be held, the clerk shall deliver a copy to the authority
responsible for ordering the election. If the judgment orders a new
primary election, the clerk shall deliver a copy to the state chair
of the appropriate political party, in the case of a federal,
statewide, or district office, or to the county chair, in the case
of a county or precinct office.
SECTION 34. Section 232.013(d), Election Code, is amended
to read as follows:
(d) If the contested election is a primary, the district
clerk shall deliver a certified copy of the order setting the date
of the runoff to the state chair of the political party in the case
of a federal, statewide, or district office or to the county chair
in the case of a county or precinct office.
SECTION 35. Section 232.048(c), Election Code, is amended
to read as follows:
(c) The candidate receiving the most votes in a new election
ordered by a court in a primary election contest is the political
party's nominee, regardless of whether the candidate receives a
majority vote, if the date of the final canvass of the court-ordered
primary is on or after:
(1) the 85th day before the date of the succeeding
general election in the case of a federal, statewide, or district
office; or
(2) the 75th day before the date of the succeeding
general election in the case of a county or precinct office.
SECTION 36. Section 252.005, Election Code, is amended to
read as follows:
Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
CANDIDATE. An individual must file a campaign treasurer appointment
for the individual's own candidacy with:
(1) the commission, if the appointment is made for
candidacy for:
(A) a federal office;
(A-1) a statewide office;
(B) a district office filled by voters of more
than one county;
(C) a judicial district office filled by voters
of only one county;
(D) state senator;
(E) state representative; or
(F) the State Board of Education;
(2) the county clerk, if the appointment is made for
candidacy for a county office, a precinct office, or a district
office other than one included in Subdivision (1);
(3) the clerk or secretary of the governing body of the
political subdivision or, if the political subdivision has no clerk
or secretary, with the governing body's presiding officer, if the
appointment is made for candidacy for an office of a political
subdivision other than a county;
(4) the county clerk if:
(A) the appointment is made for candidacy for an
office of a political subdivision other than a county;
(B) the governing body for the political
subdivision has not been formed; and
(C) no boundary of the political subdivision
crosses a boundary of the county; or
(5) the commission if:
(A) the appointment is made for candidacy for an
office of a political subdivision other than a county;
(B) the governing body for the political
subdivision has not been formed; and
(C) the political subdivision is situated in more
than one county.
SECTION 37. This Act takes effect September 1, 2023.