By Denny                                               H.B. No. 271
       74R1336 GGS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to conducting and financing primary elections.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 172.111, Election Code, is amended to
    1-5  read as follows:
    1-6        Sec. 172.111.  Conduct of Primary Election Generally.  (a)
    1-7  With respect to the conduct of a primary election, this subchapter
    1-8  supersedes Title 6 to the extent of any conflict.
    1-9        (b)  The county clerk <executive committee> shall supervise
   1-10  the overall conduct of the <a> primary elections <election> in each
   1-11  county.  This section applies to the conduct of primary elections
   1-12  notwithstanding and in addition to other applicable provisions of
   1-13  this code.
   1-14        (c)  The primary elections in a county shall be conducted
   1-15  jointly at the regular polling places designated for the general
   1-16  election for state and county officers.
   1-17        (d)  One set of election officers shall conduct the primary
   1-18  elections at each polling place.  Not later than November 15
   1-19  preceding the primary elections, each county chairman shall submit
   1-20  to the commissioners court a list of presiding election judges for
   1-21  that party.  Not later than the second Monday in December, the
   1-22  commissioners court shall certify two co-judges, who may not be
   1-23  aligned with the same political party, for each precinct and shall
   1-24  deliver that certification to the county clerk.  The commissioners
    2-1  court shall designate one co-judge as the judge with law
    2-2  enforcement duties and powers under Section 32.075.  If a co-judge
    2-3  cannot serve on election day, the county chairman of the party with
    2-4  which the judge is aligned may appoint a replacement.  The election
    2-5  clerks shall be appointed in the same manner as for the general
    2-6  election for state and county officers, except that the secretary
    2-7  of state shall prescribe the maximum number of clerks that may be
    2-8  appointed for each precinct.  The early voting ballot board and any
    2-9  central counting station shall also be composed of and administered
   2-10  by one set of election officers, and the secretary of state shall
   2-11  adopt rules consistent with this subsection for the appointment of
   2-12  those officers.
   2-13        (e)  Each co-judge has the exclusive authority to conduct
   2-14  challenges on  the eligibility of voters, tabulate the votes, and
   2-15  deliver the election returns in the primary of the party with which
   2-16  that judge is aligned.  The secretary of state shall adopt rules
   2-17  providing whether the compensation prescribed by Section 32.092 is
   2-18  to be paid to one co-judge or divided between the co-judges.
   2-19  Regardless of the rule on compensation, each co-judge is entitled
   2-20  to make the required delivery in that judge's primary.  The
   2-21  co-judges may agree that one of the judges will make the required
   2-22  delivery for both primaries.
   2-23        (f)  A separate set of ballot boxes and a different color of
   2-24  ballot shall be used for each party's primary.  The lists of
   2-25  registered voters and the voters' registration certificates shall
   2-26  be marked and stamped to show the appropriate party affiliation for
   2-27  each voter.
    3-1        (g)  Separate election returns shall be prepared for each
    3-2  party's primary and shall be canvassed as provided by this code.
    3-3        (h)  If fewer than 100 ballots were cast in a particular
    3-4  precinct in the preceding primary election of a particular party,
    3-5  that party may use regular paper ballots in that precinct
    3-6  regardless of the use of a voting system by another party in the
    3-7  same precinct.
    3-8        (i)  The secretary of state shall prescribe the procedures
    3-9  necessary to implement this section to ensure the orderly and
   3-10  proper administration of primary elections.
   3-11        SECTION 2.  Section 161.006, Election Code, is amended to
   3-12  read as follows:
   3-13        Sec. 161.006.  Holding <Primary or> Precinct Convention of
   3-14  More Than One Party in Same Building.  A political party may not
   3-15  <hold a primary election in the same building in which another
   3-16  party is holding a primary election on the same day or> hold a
   3-17  precinct convention in the same building in which another party is
   3-18  holding a precinct convention on the same day unless:
   3-19              (1)  the rooms in which the <primary elections or>
   3-20  conventions are held are separated so that communication from one
   3-21  room to the other is precluded; and
   3-22              (2)  a sign in bold print identifying the party holding
   3-23  the <primary election or> convention is posted at the entrance to
   3-24  each room.
   3-25        SECTION 3.  Section 172.082, Election Code, is amended by
   3-26  adding Subsection (f) to read as follows:
   3-27        (f)  Not later than the 52nd day before general primary
    4-1  election day, the county chairman shall deliver to the county clerk
    4-2  the ballot format and a written certification of the candidates'
    4-3  names who are to appear on the primary ballot.  If a county
    4-4  chairman fails to comply with this subsection, the names of that
    4-5  party's candidates may not be placed on the ballot.
    4-6        SECTION 4.  Section 172.1111, Election Code, is amended to
    4-7  read as follows:
    4-8        Sec. 172.1111.  POSTING NOTICE OF PRECINCT CONVENTION
    4-9  REQUIRED.  (a)  Before the opening of the polls, the presiding
   4-10  judge shall post at each outside door through which a voter may
   4-11  enter the building in which the polling place is located a written
   4-12  notice, in boldfaced print, of the date, hour, and place for
   4-13  convening the precinct convention.
   4-14        (b)  The judge is not required to use an officially
   4-15  prescribed form for the notice.
   4-16        (c)  The notice must remain posted continuously through
   4-17  election day.
   4-18        SECTION 5.  Subchapter A, Chapter 173, Election Code, is
   4-19  amended by adding Section 173.0011 to read as follows:
   4-20        Sec. 173.0011.  Financing of Primary Elections Generally.
   4-21  (a)  This section applies to the financing of primary elections
   4-22  notwithstanding and in addition to other applicable provisions of
   4-23  this code.
   4-24        (b)  The county shall provide without charge all county-owned
   4-25  voting system equipment and other election equipment necessary to
   4-26  conduct the primary elections in that county.  The county shall be
   4-27  reimbursed with state funds for the actual expenses incurred by the
    5-1  county in transporting the equipment to and from the polling
    5-2  places.  No charge may be made for the use or operation of a
    5-3  central counting station for the primary elections.
    5-4        (c)  The expenses incurred in connection with securing the
    5-5  polling places for the primary elections, including any operating
    5-6  expenses, shall be paid with state funds.
    5-7        (d)  The compensation of the personnel conducting the primary
    5-8  elections shall be paid with state funds.
    5-9        (e)  Each county chairman is entitled in a particular primary
   5-10  election year to $300 of state compensation for the chairman's
   5-11  services in the primary elections.
   5-12        (f)  State funds may be used to pay legal fees on behalf of
   5-13  party officials in connection with a primary election only on the
   5-14  prior written approval of the secretary of state.
   5-15        (g)  Each state chairman and county chairman shall deliver
   5-16  all candidate filing fees received by the chairman to the secretary
   5-17  of state not later than the 10th day after the date of the
   5-18  applicable filing deadline.
   5-19        (h)  Each state chairman and county chairman shall submit the
   5-20  statement of estimated expenses to be incurred in connection with a
   5-21  general primary election to the secretary of state not later than
   5-22  the first Monday in November preceding the primary election.
   5-23        (i)  The secretary of state shall prescribe a system similar
   5-24  to that prescribed for the political parties for the submission of
   5-25  statements by county clerks of estimated and actual county expenses
   5-26  connected with the primary elections and for the reimbursement of
   5-27  appropriate county expenses with state funds.
    6-1        (j)  The secretary of state shall adopt rules, consistent
    6-2  with this section, that are necessary for the fair and efficient
    6-3  financing of primary elections.
    6-4        SECTION 6.  Section 172.113, Election Code, is repealed.
    6-5        SECTION 7.  This Act takes effect September 1, 1995.
    6-6        SECTION 8.  The importance of this legislation and the
    6-7  crowded condition of the calendars in both houses create an
    6-8  emergency and an imperative public necessity that the
    6-9  constitutional rule requiring bills to be read on three several
   6-10  days in each house be suspended, and this rule is hereby suspended.