89R4262 LRM-D

By: Meza H.B. No. 1406

A BILL TO BE ENTITLED

AN ACT

relating to preferential voting in a primary election.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 18.069, Election Code, is amended to read as follows:

Sec. 18.069. VOTING HISTORY. Not later than the 30th day after the date of the primary[, runoff primary,] or general election or any special election ordered by the governor, the general custodian of election records shall electronically submit to the secretary of state the record of each voter participating in the election. The record must include a notation of whether the voter voted on election day, voted early by personal appearance, voted early by mail under Chapter 86, or voted early by mail under Chapter 101.

SECTION 2. Section 31.093(c), Election Code, is amended to read as follows:

(c) On request of the county chair of a political party holding a primary election in the county, the county election officer shall contract with the county executive committee of the party to perform election services, as provided by this subchapter, in the party's general primary election [and runoff primary election] in accordance with a cost schedule agreed on by the contracting parties.

SECTION 3. Section 32.091(c), Election Code, is amended to read as follows:

(c) For a primary [or runoff primary] election, the minimum hourly rate is the greater of the maximum rate provided by Subsection (a) or, if the election officer attended a training program as provided by Subchapter F, $7.

SECTION 4. Section 41.001(c), Election Code, is amended to read as follows:

(c) Except for an election under Subsection (a) or Section 41.0011 or a runoff election following an election held under Subsection (a)(2), an election may not be held within 30 days before or after the date of the general election for state and county officers or the[,] general primary election[, or runoff primary election].

SECTION 5. Section 43.007(a), Election Code, is amended to read as follows:

(a) The secretary of state shall implement a program to allow each commissioners court participating in the program to eliminate county election precinct polling places and establish countywide polling places for:

(1) any election required to be conducted by the county;

(2) any election held as part of a joint election agreement with a county under Chapter 271;

(3) any election held under contract for election services with a county under Subchapter D, Chapter 31;

(4) each primary election [and runoff primary election] if:

(A) the county chair or county executive committee of each political party participating in a joint primary election under Section 172.126 agrees to the use of countywide polling places; or

(B) the county chair or county executive committee of each political party required to nominate candidates by primary election agrees to use the same countywide polling places; and

(5) each election of a political subdivision located in the county that is held jointly with an election described by Subdivision (3) or (4).

SECTION 6. Section 85.001(b), Election Code, is amended to read as follows:

(b) For a special runoff election for the office of state senator or state representative [or for a runoff primary election], the period begins on the 10th day before election day.

SECTION 7. Section 85.062(b), Election Code, is amended to read as follows:

(b) A polling place established under this section may be located, subject to Subsection (d), at any place in the territory served by the early voting clerk and may be located inside any building as directed by the authority establishing the branch office. The polling place may not be located in a movable structure in the general election for state and county officers or the[,] general primary election[, or runoff primary election]. Ropes or other suitable objects may be used at the polling place to ensure compliance with Section 62.004. Persons who are not expressly permitted by law to be in a polling place shall be excluded from the polling place to the extent practicable.

SECTION 8. Section 85.072(g), Election Code, is amended to read as follows:

(g) The early voting clerk shall compile the registers and electronically submit to the secretary of state a record of each voter participating in a primary, [a runoff primary,] a general election, or any special election ordered by the governor not later than the day the voter votes in person or the early voting clerk receives a ballot voted by mail.

SECTION 9. Sections 123.033(d) and (e), Election Code, are amended to read as follows:

(d) A county is not required to provide a political party's county executive committee with equipment for use in an election precinct in which fewer than 100 votes were cast in the political party's most recent general [or runoff] primary.

(e) The maximum amount that may be charged for leasing equipment to a county executive committee for a general [or runoff] primary is:

(1) $5 for each unit of electronic voting system equipment installed at a polling place; and

(2) $5 for each unit of other equipment not specified by this subsection.

SECTION 10. Section 142.006(a), Election Code, is amended to read as follows:

(a) An application for a place on the ballot must be filed not later than 5 p.m. of the 30th day after [runoff] primary election day, except as provided by Section 202.007.

SECTION 11. Section 142.008, Election Code, is amended to read as follows:

Sec. 142.008. STATEMENT ON PETITION. The following statement must appear at the top of each page of a candidate's petition: "I know the purpose of this petition. I have not voted in the general primary election [or runoff primary election] of any political party that has nominated [, at either election,] a candidate for the office of (insert office title) for which (insert candidate's name) is a candidate."

SECTION 12. Section 142.009, Election Code, is amended to read as follows:

Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A signature on a candidate's petition is invalid if the signer:

(1) signed the petition on or before general primary election day [or, if a runoff primary is held for the office sought by the candidate, on or before runoff primary election day]; or

(2) voted in the general [or runoff] primary election of a political party that made a nomination [, at either primary,] for the office sought by the candidate.

SECTION 13. Section 162.004(c), Election Code, is amended to read as follows:

(c) Subject to Subsection (a-1), if a voter is accepted to vote without presenting a registration certificate, the presiding judge shall issue the voter an affiliation certificate. [The certificate is not required to be issued to a voter in a runoff primary unless the voter requests it.] The affiliation certificate may be combined with the notice provided under Section 172.1114. If the combined form is used, an election officer is not required to comply with Subsection (b).

SECTION 14. 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 early voting clerk in a 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 15. Section 163.004(a), Election Code, is amended to read as follows:

(a) A political party's rules, including amendments to rules, governing or affecting its general [or runoff] primary elections, conventions held under this code, or nominees may be adopted only by:

(1) a state convention; or

(2) the state executive committee as:

(A) a temporary rule, if adoption before the next state convention is necessary; or

(B) a permanent rule, if the state executive committee is expressly required or authorized by statute to adopt a rule.

SECTION 16. Sections 171.022(a), (b), and (c), Election Code, are amended to read as follows:

(a) A county executive committee consists of:

(1) a county chair, who is the presiding officer, elected at the general primary election [by majority vote of the qualified voters of the county who vote in the primary on that office] or appointed by the county executive committee as provided by this subchapter; and

(2) a precinct chair from each county election precinct, elected at the general primary [by majority vote of the qualified voters of the precinct who vote in the primary on that office], subject to Section 171.0221, or appointed by the county executive committee as provided by this subchapter.

(b) Except as provided by Subsection (d), if no candidate receives a majority of the votes, a preferential voting system is used [runoff] to determine the office [is conducted] in the same manner as a preferential voting system is used [runoff primary election] to determine a nomination for public office under Section 172.004. [The candidates to be in a runoff are determined in the same manner as candidates in a runoff for a nomination.]

(c) Each committee member serves for a term of two years beginning the 20th day after [runoff] primary election day.

SECTION 17. Section 172.004, Election Code, is amended to read as follows:

Sec. 172.004. PREFERENTIAL VOTING IN [RUNOFF] PRIMARY ELECTION. (a) If no candidate for nomination to a particular office receives the vote required for nomination in the general primary election, the votes of the candidate receiving the fewest number of votes are reassigned to the candidate ranking next highest in the preference of a voter [a runoff primary election shall be held to determine the nomination].

(b) If after reassigning votes under Subsection (a) no candidate receives a majority of the votes cast designating the modified highest favorable ranking, the reassignment of a vote to a voter's next most preferred candidate under Subsection (a) continues until one candidate receives a majority.

(c) If two or more candidates tie for the least number of votes before a reassignment of votes under Subsection (a) or (b), the tied candidates shall cast lots to determine which candidate's votes are reassigned.

(d) The secretary of state shall prescribe procedures to provide for an election to be held under this chapter using a preferential voting system. The system must allow a voter to rank each candidate through a numerical designation from the candidate the voter favors most to the candidate the voter favors least [The candidates in a runoff for a nomination shall be determined and a tie vote in a runoff resolved as provided by Subchapter B, Chapter 2, for a runoff for an election to office].

SECTION 18. Section 172.061(a), Election Code, is amended to read as follows:

(a) Except for Section [Sections] 172.058(b), [172.059(c), and 172.060(b),] this subchapter applies to a candidate for county chair or precinct chair.

SECTION 19. Section 172.117(a-2), Election Code, is amended to read as follows:

(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 20. Section 172.126(a), Election Code, is amended to read as follows:

(a) The primary elections in a county may be conducted jointly at the regular polling places designated for the general election for state and county officers. The county clerk shall supervise the overall conduct of the joint primary elections. This section applies to the conduct of joint primary elections notwithstanding and in addition to other applicable provisions of this code. The decision to conduct a joint general primary election [or runoff primary election, as applicable,] must be made by majority vote of the full membership of the commissioners court and with the unanimous approval of the county clerk and the county chair of each political party required to nominate candidates by primary election.

SECTION 21. Section 172.127(b), Election Code, is amended to read as follows:

(b) The presiding judge or alternate presiding judge for the precinct may post signs at a polling place for a primary election [or a primary runoff election] that:

(1) identify the names of, or symbols representing, any political parties holding an election at the polling place; and

(2) do not refer to a candidate or measure on the ballot.

SECTION 22. Sections 173.083(a), (b), and (c), Election Code, are amended to read as follows:

(a) The amount of estimated primary election expenses payable with state funds under this section is equal to[:

[(1) for a general primary election,] the difference obtained by subtracting the sum of the filing fees and contributions reported in the statement of estimated primary election expenses from the total amount of estimated general primary expenses approved by the secretary of state under Section 173.082[; and

[(2) for a runoff primary election, the total amount of estimated runoff primary expenses approved by the secretary].

(b) State payment of the estimated primary election expenses shall be made in installments as follows:

(1) the initial installment [for the expenses of a general primary] is equal to three-fourths, or three-fifths if the secretary of state determines that figure to be more efficient, of the amount of estimated general primary expenses payable with state funds; and

(2) [the initial installment for the expenses of a runoff primary is equal to three-fourths, or three-fifths if the secretary of state determines that figure to be more efficient, of the amount of estimated runoff primary expenses payable with state funds; and

[(3)] the final installment is equal to the difference obtained by subtracting the total of the installment [installments] paid under Subdivision [Subdivisions] (1) [and (2)] from the total of the actual general [and runoff] primary election expenses payable with state funds.

(c) After determining the amount of estimated primary expenses to approve under Section 173.082 for a general [or runoff] primary, the secretary of state shall calculate the amount of the installment payable under Subsection (b)(1) [or (2), as applicable]. The secretary shall then prepare and deliver to the comptroller of public accounts a certified statement indicating the amount of the installment, the total amount of estimated general [or runoff] primary expenses payable with state funds, and the name of the county or state chair who submitted the statement of estimated primary election expenses.

SECTION 23. Sections 173.0833(a) and (b), Election Code, are amended to read as follows:

(a) This section applies to election services and materials provided by a vendor for use in a primary election [or primary runoff election], including:

(1) the printing of paper ballot material containing candidates' names used in a polling place;

(2) the programming and testing of voting system equipment, including ballot layout, programming of equipment, and audio production;

(3) site support or technical support other than the programming or testing of voting system equipment;

(4) nonballot election materials used in a precinct on election day, including election kits, required party stamps, distance signs, and required forms; and

(5) the rental of non-county-owned electronic voting system equipment, including media components.

(b) A vendor providing election services or materials to a county chair or a county election officer contracting with a county chair for a primary [or runoff primary] election shall directly bill the secretary of state for the cost of the services or materials used on election day for which state funding is available under this chapter.

SECTION 24. Sections 173.084(a) and (b), Election Code, are amended to read as follows:

(a) Regardless of whether state funds are requested for paying primary expenses, each county chair and state chair shall prepare a report that includes:

(1) an itemized list of the actual expenses incurred in connection with the primary election [general and runoff primaries] by the authority preparing the report and by the executive committee over which the authority presides;

(2) the amount of the primary candidates' filing fees required to be deposited in the county primary fund if the report is by a county chair, or in the state primary fund if the report is by the state chair;

(3) the amount of filing fees that have been refunded;

(4) the amount of the contributions to the executive committee over which the authority preparing the report presides that:

(A) are for the purpose of defraying primary election expenses; and

(B) have not been included in a report filed under this section for a previous primary election year; and

(5) the balance in the county primary fund if the report is by a county chair, or in the state primary fund if the report is by the state chair, that remains after deducting the primary election expenses actually incurred and the refunded filing fees.

(b) The authority preparing the report shall file it with the secretary of state not later than August 31 following the [applicable] primary election[, in the case of the county chair's report, or if no runoff primary is held for a statewide or district office, in the case of the state chair's report].

SECTION 25. Section 202.007(a), Election Code, is amended to read as follows:

(a) If a vacancy occurs after [runoff] primary election day, an independent candidate for the unexpired term must file the application for a place on the ballot not later than 5 p.m. of the 30th day after the date the vacancy occurs or 5 p.m. of the 70th day before general election day, whichever is earlier.

SECTION 26. Section 232.008(c), Election Code, is amended to read as follows:

(c) A contestant must file the petition not later than the later of the 15th day after the date the election records are publicly available under Section 1.012 or the official result is determined in a contest of:

(1) a primary [or runoff primary] election; or

(2) a general or special election for which a runoff is necessary according to the official result or will be necessary if the contestant prevails.

SECTION 27. Section 232.048(a), Election Code, is amended to read as follows:

(a) If no candidate receives a majority vote in a new election ordered by a court in the contest of an election in which a majority vote is required, a runoff election shall be held[:

[(1) for a primary election contest, on the date set by the district court in which the contest was heard, except as provided by Subsection (c); or

[(2) for a contest of a general or special election,] on the date set by the authority responsible for ordering the runoff election.

SECTION 28. Section 255.002(a), Election Code, is amended to read as follows:

(a) The rate charged for political advertising by a radio or television station may not exceed:

(1) during the 45 days preceding a general [or runoff] primary election and during the 60 days preceding a general or special election, the broadcaster's lowest unit charge for advertising of the same class, for the same time, and for the same period; or

(2) at any time other than that specified by Subdivision (1), the amount charged other users for comparable use of the station.

SECTION 29. The following provisions of the Election Code are repealed:

(1) Section 41.007(b);

(2) Section 172.058(c);

(3) Section 172.059;

(4) Section 172.060;

(5) Section 172.061(b);

(6) Section 172.084;

(7) Section 172.120(b-1);

(8) Section 172.121;

(9) Section 172.125; and

(10) Section 173.081(e).

SECTION 30. The changes in law made by this Act apply only to an election ordered on or after September 1, 2025.

SECTION 31. This Act takes effect September 1, 2025.