By Greenberg, West, Denny, Gallego, H.B. No. 32
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to primary election dates and procedures and related
1-3 dates, deadlines, and procedures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.001(a), Election Code, is amended to
1-6 read as follows:
1-7 (a) Except as otherwise provided by this subchapter, each
1-8 general or special election in this state shall be held on one of
1-9 the following dates:
1-10 (1) the third Saturday in January;
1-11 (2) the fourth Saturday in March [first Saturday in
1-12 May];
1-13 (3) the second Saturday in August; or
1-14 (4) the first Tuesday after the first Monday in
1-15 November.
1-16 SECTION 2. Section 41.0052(a), Election Code, is amended to
1-17 read as follows:
1-18 (a) The governing body of a political subdivision other than
1-19 a county may, not later than December 31, 1997 [1993], change the
1-20 date on which it holds its general election for officers to another
1-21 authorized uniform election date. An election on the new date may
1-22 not be held before 1998 [1994].
1-23 SECTION 3. Sections 41.007(a), (b), and (c), Election Code,
1-24 are amended to read as follows:
1-25 (a) The general primary election date is the second Saturday
2-1 in May [second Tuesday in March] in each even-numbered year.
2-2 (b) The runoff primary election date is the second Saturday
2-3 in June [second Tuesday in April] following the general primary
2-4 election.
2-5 (c) The presidential primary election date is the second
2-6 Saturday in May [second Tuesday in March] in each presidential
2-7 election year.
2-8 SECTION 4. Section 43.033(a), Election Code, is amended to
2-9 read as follows:
2-10 (a) No charge, including a charge for personnel, utilities,
2-11 or other expenses incurred before or after regular business hours,
2-12 may be made for the use of a public building for a polling place if
2-13 the day of the election is a day on which the building is normally
2-14 open for business. If the day of the election is a day on which
2-15 the building is not normally open for business, a reasonable charge
2-16 may be made only for reimbursement for the actual expenses
2-17 resulting from use of the building in the election and a rental
2-18 charge may not be made for the use of the building.
2-19 SECTION 5. Section 172.023(a), Election Code, is amended to
2-20 read as follows:
2-21 (a) An application for a place on the general primary
2-22 election ballot must be filed not later than 6 p.m. on the last
2-23 Monday in February [January 2] in the primary election year unless
2-24 the filing deadline is extended under Subchapter C.
2-25 SECTION 6. Section 172.052(a), Election Code, is amended to
2-26 read as follows:
2-27 (a) A candidate for nomination may not withdraw from the
3-1 general primary election after the 64th [62nd] day before general
3-2 primary election day.
3-3 SECTION 7. Section 172.054(a), Election Code, is amended to
3-4 read as follows:
3-5 (a) The deadline for filing an application for a place on
3-6 the general primary election ballot is extended as provided by this
3-7 section if a candidate who has made an application that complies
3-8 with the applicable requirements:
3-9 (1) dies on or after the fifth day before the date of
3-10 the regular filing deadline and on or before the 64th [62nd] day
3-11 before general primary election day;
3-12 (2) holds the office for which the [his] application
3-13 was made and withdraws or is declared ineligible on or after the
3-14 date of the regular filing deadline and on or before the 64th
3-15 [62nd] day before general primary election day; or
3-16 (3) withdraws or is declared ineligible during the
3-17 period prescribed by Subdivision (2), and at the time of the
3-18 withdrawal or declaration of ineligibility no other candidate has
3-19 made an application that complies with the applicable requirements
3-20 for the office sought by the withdrawn or ineligible candidate.
3-21 SECTION 8. Section 172.055, Election Code, is amended by
3-22 adding Subsection (e) to read as follows:
3-23 (e) Section 1.006 does not apply to this section.
3-24 SECTION 9. Section 172.057, Election Code, is amended to
3-25 read as follows:
3-26 Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
3-27 NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall
4-1 be omitted from the general primary election ballot if the
4-2 candidate withdraws, dies, or is declared ineligible on or before
4-3 the 64th [62nd] day before general primary election day.
4-4 SECTION 10. Section 172.058(a), Election Code, is amended to
4-5 read as follows:
4-6 (a) If a candidate who has made an application for a place
4-7 on the general primary election ballot that complies with the
4-8 applicable requirements dies or is declared ineligible after the
4-9 64th [62nd] day before general primary election day, the
4-10 candidate's name shall be placed on the ballot and the votes cast
4-11 for the candidate shall be counted and entered on the official
4-12 election returns in the same manner as for the other candidates.
4-13 SECTION 11. Section 172.116(b), Election Code, is amended to
4-14 read as follows:
4-15 (b) The committee shall convene to conduct the local canvass
4-16 at the county seat not earlier than 6 p.m. on the first Monday
4-17 [Thursday] or later than 1 p.m. on the first Tuesday [Friday] after
4-18 election day at the hour specified by the county chair [chairman].
4-19 SECTION 12. Section 172.120(b), Election Code, is amended to
4-20 read as follows:
4-21 (b) The state executive committee shall convene to conduct
4-22 the state canvass for the general primary election on the second
4-23 Monday [Wednesday] after general primary election day. Not later
4-24 than the second Saturday after runoff primary election day, the
4-25 committee shall convene at the call of the state chair [chairman]
4-26 to conduct the state canvass of the runoff primary election.
4-27 SECTION 13. Section 174.063(a), Election Code, is amended to
5-1 read as follows:
5-2 (a) The county and senatorial district conventions shall be
5-3 held on the first [third] Saturday after general primary election
5-4 day. [However, if that date occurs during Passover or on the day
5-5 following Good Friday, the conventions shall be held on the next
5-6 Saturday that does not occur during Passover or on the day
5-7 following Good Friday.]
5-8 SECTION 14. Section 181.0041, Election Code, is amended to
5-9 read as follows:
5-10 Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
5-11 party that intends to make nominations under this chapter for the
5-12 general election for state and county officers must register with
5-13 the secretary of state, in the manner prescribed by the secretary,
5-14 not later than the regular filing deadline for candidates in the
5-15 general primary election [January 2 of the election year].
5-16 SECTION 15. Section 181.033(a), Election Code, is amended to
5-17 read as follows:
5-18 (a) Except as provided by Subsection (b), an application for
5-19 nomination by a convention must be filed not later than the regular
5-20 filing deadline for candidates in the general primary election [5
5-21 p.m. on January 2 preceding the convention].
5-22 SECTION 16. Sections 181.061(b) and (c), Election Code, are
5-23 amended to read as follows:
5-24 (b) A party nominating by convention must make its
5-25 nominations for offices of districts situated in more than one
5-26 county at district conventions held on the second Saturday after
5-27 general primary election day [the second Tuesday in March]. A
6-1 district convention consists of delegates selected at the county
6-2 conventions held under Subsection (c).
6-3 (c) A party nominating by convention must make its
6-4 nominations for county and precinct offices and for offices of
6-5 districts not situated in more than one county at county
6-6 conventions held on the first Saturday after general primary
6-7 election day [the second Tuesday in March]. A county convention
6-8 consists of delegates selected at precinct conventions held on
6-9 general primary election day [the second Tuesday in March] in the
6-10 regular county election precincts.
6-11 SECTION 17. Section 182.005, Election Code, is amended to
6-12 read as follows:
6-13 Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A
6-14 political party must make its nominations under this chapter at a
6-15 county convention held on the first Saturday after general primary
6-16 election day [the second Tuesday in March of the election year].
6-17 The convention consists of delegates selected at precinct
6-18 conventions held on general primary election day [the second
6-19 Tuesday in March] in the regular county election precincts.
6-20 SECTION 18. Section 192.032(c), Election Code, is amended to
6-21 read as follows:
6-22 (c) The application must be filed with the secretary of
6-23 state not later than the second Monday in July [May] of the
6-24 presidential election year.
6-25 SECTION 19. Section 202.004(a), Election Code, is amended to
6-26 read as follows:
6-27 (a) A political party's nominee for an unexpired term must
7-1 be nominated by primary election if:
7-2 (1) the political party is making nominations by
7-3 primary election for the general election in which the vacancy is
7-4 to be filled; and
7-5 (2) the vacancy occurs on or before the 64th [62nd]
7-6 day before general primary election day.
7-7 SECTION 20. Section 202.006(a), Election Code, is amended to
7-8 read as follows:
7-9 (a) A political party's state, district, county, or precinct
7-10 executive committee, as appropriate for the particular office, may
7-11 nominate a candidate for the unexpired term if:
7-12 (1) in the case of a party holding a primary election,
7-13 the vacancy occurs after the 64th [62nd] day before general primary
7-14 election day; or
7-15 (2) in the case of a party nominating by convention,
7-16 the vacancy occurs after the fourth day before the date the
7-17 convention having the power to make a nomination for the office
7-18 convenes.
7-19 SECTION 21. Section 204.003, Election Code, is amended to
7-20 read as follows:
7-21 Sec. 204.003. VACANCY FILLED AT GENERAL ELECTION. If a
7-22 vacancy occurs on or after January 1 of an even-numbered year and
7-23 on or before the 64th [62nd] day before general primary election
7-24 day, the remainder of the unexpired term shall be filled at the
7-25 next general election for state and county officers.
7-26 SECTION 22. Section 204.005, Election Code, is amended to
7-27 read as follows:
8-1 Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. If a
8-2 vacancy occurs during an odd-numbered year or after the 64th [62nd]
8-3 day before general primary election day in an even-numbered year,
8-4 the remainder of the unexpired term shall be filled by a special
8-5 election in the same manner as provided by Chapter 203 for the
8-6 legislature, except that:
8-7 (1) the minimum number of signatures that must appear
8-8 on a petition accompanying a candidate's application for a place on
8-9 the ballot is 5,000; and
8-10 (2) Section 203.013 does not apply.
8-11 SECTION 23. The term of a person who is serving as a county
8-12 or precinct chairman of a political party on the effective date of
8-13 this Act ends on the 20th day after the second Saturday in June
8-14 1998.
8-15 SECTION 24. This Act takes effect September 1, 1997.
8-16 SECTION 25. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended.