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.