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A BILL TO BE ENTITLED
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AN ACT
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relating to the date of the general primary election to be held in |
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2022. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 41, Election Code, is |
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amended by adding Section 41.0075 to read as follows: |
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Sec. 41.0075. POSTPONING PRIMARY ELECTION IN SPECIAL |
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CIRCUMSTANCE. (a) Notwithstanding any other provision of law, the |
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governor, lieutenant governor, and speaker of the house may, by |
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written agreement, postpone the date of the general primary |
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election to be held in 2022 if a redistricting plan adopted by the |
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legislature or the Legislative Redistricting Board under Section |
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28, Article III, Texas Constitution, is not in effect on or before |
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September 1, 2021. |
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(b) An agreement under Subsection (a) may not be made later |
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than the 45th day before the filing deadline described by Section |
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172.023. |
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(c) As soon as possible after an agreement under Subsection |
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(a) is made, the governor shall deliver the agreement to the |
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secretary of state and to the state chair of each party that had a |
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nominee for a statewide or district office on the general election |
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ballot in 2020. |
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(d) An agreement made under Subsection (a) must include |
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either: |
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(1) the date on which the general primary election |
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will be held; or |
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(2) an agreement that the governor, lieutenant |
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governor, and speaker of the house will determine the date of the |
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general primary election at a later date. |
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(e) The filing period for an election postponed by agreement |
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under Subsection (d)(2) may not begin before the 30th day after the |
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date a determination is made under that subsection. |
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(f) The general primary election may not be postponed under |
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this section to a date later than July 1, 2022. |
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(g) If the general primary election is postponed under this |
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section, the secretary of state shall adjust the date for a runoff |
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election, the deadline for filing for candidacy, and the schedule |
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for canvassing election returns, declaring results, or performing |
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any other official act relating to the election to allow the same |
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interval of time in relation to the date of the election as would be |
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provided by application of other law. |
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(h) This section expires January 1, 2023. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |