By Ehrhardt H.B. No. 1603
75R5445 SKT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to changing terminology involving gender in the Election
1-3 Code to gender-neutral terminology.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.007(b), Election Code, is amended to
1-6 read as follows:
1-7 (b) The authority to whom a delivery, submission, or filing
1-8 is required by this code to be made may accept the document or
1-9 paper at a place other than the authority's [his] usual place for
1-10 conducting official business.
1-11 SECTION 2. Section 1.009(a), Election Code, is amended to
1-12 read as follows:
1-13 (a) When this code provides that an application, notice, or
1-14 other document or paper that is delivered, submitted, or filed by
1-15 mail is considered to be delivered, submitted, or filed at the time
1-16 of its receipt by the appropriate authority, the time of receipt is
1-17 the time at which a post office employee:
1-18 (1) places it in the actual possession of the
1-19 authority or the authority's [his] agent; or
1-20 (2) deposits it in the authority's mailbox or at the
1-21 usual place of delivery for the authority's official mail.
1-22 SECTION 3. Sections 1.011(b) and (d), Election Code, are
1-23 amended to read as follows:
1-24 (b) The person who cannot sign must affix the person's [his]
2-1 mark to the document or paper, which the witness must attest. If
2-2 the person cannot make the mark, the witness must state that fact
2-3 on the document or paper.
2-4 (d) The witness must affix the witness's [his] own signature
2-5 to the document or paper and state the witness's [his] own name, in
2-6 printed form, near the signature. The witness must also state the
2-7 witness's [his] residence address unless the witness [he] is an
2-8 election officer, in which case the witness [he] must state the
2-9 witness's [his] official title.
2-10 SECTION 4. Sections 1.015(a), (c), and (d), Election Code,
2-11 are amended to read as follows:
2-12 (a) In this code, "residence" means domicile, that is, one's
2-13 home and fixed place of habitation to which one [he] intends to
2-14 return after any temporary absence.
2-15 (c) A person does not lose the person's [his] residence by
2-16 leaving the person's [his] home to go to another place for
2-17 temporary purposes only.
2-18 (d) A person does not acquire a residence in a place to
2-19 which the person [he] has come for temporary purposes only and
2-20 without the intention of making that place the person's [his] home.
2-21 SECTION 5. Section 11.005, Election Code, is amended to read
2-22 as follows:
2-23 Sec. 11.005. Effect of Vote by Voter Registered in Wrong
2-24 Precinct. If a voter who is erroneously registered in an election
2-25 precinct in which the voter [he] does not reside is permitted to
2-26 vote by an election officer who does not know of the erroneous
2-27 registration, the votes for the offices and measures on which the
3-1 voter would have been eligible to vote in the voter's [his]
3-2 precinct of residence are valid unless the voter intentionally gave
3-3 false information to procure the erroneous registration.
3-4 SECTION 6. Section 13.006(a), Election Code, is amended to
3-5 read as follows:
3-6 (a) A person commits an offense if the person purports to
3-7 act as an agent in applying for registration or in signing a
3-8 registration application at a time when the person:
3-9 (1) is not an agent of the applicant under Section
3-10 13.003(a); and
3-11 (2) is not eligible for appointment under Section
3-12 13.003(b) as the agent of the person for whom the person [he]
3-13 purports to act.
3-14 SECTION 7. Section 13.038, Election Code, is amended to read
3-15 as follows:
3-16 Sec. 13.038. Powers Generally. A volunteer deputy registrar
3-17 may distribute voter registration application forms throughout the
3-18 county and receive registration applications submitted to the
3-19 deputy [him] in person.
3-20 SECTION 8. Sections 13.046(a) and (c), Election Code, are
3-21 amended to read as follows:
3-22 (a) Each principal of a public or private high school or the
3-23 principal's [his] designee shall serve as a deputy registrar for
3-24 the county in which the school is located.
3-25 (c) A high school deputy registrar may distribute
3-26 registration application forms to and receive registration
3-27 applications submitted to the deputy [him] in person from students
4-1 and employees of the school only.
4-2 SECTION 9. Section 15.027(b), Election Code, is amended to
4-3 read as follows:
4-4 (b) If the voter is not issued a corrected registration
4-5 certificate, the notice shall inform the voter of the new precinct
4-6 number and direct the voter to correct the precinct number on the
4-7 voter's [his] registration certificate and to retain the
4-8 certificate for continued use.
4-9 SECTION 10. Section 16.062, Election Code, is amended to
4-10 read as follows:
4-11 Sec. 16.062. Request for Hearing on Challenge. A person
4-12 desiring to challenge the cancellation of the person's [his]
4-13 registration must file with the registrar a written, signed request
4-14 for a hearing on the challenge.
4-15 SECTION 11. Section 18.007, Election Code, is amended to
4-16 read as follows:
4-17 Sec. 18.007. Lists Furnished for Precinct Conventions. In a
4-18 voting year in which a political party holds precinct conventions
4-19 in the county under Title 10, the registrar, on request of the
4-20 party's county chair [chairman], shall furnish to the chair
4-21 [chairman] for use in qualifying individuals for participation in
4-22 the conventions one of each of the original, supplemental, and
4-23 correction lists prescribed by this subchapter.
4-24 SECTION 12. Section 18.009(a), Election Code, is amended to
4-25 read as follows:
4-26 (a) A person commits an offense if the person uses
4-27 information in connection with advertising or promoting commercial
5-1 products or services that the person [he] knows was obtained under
5-2 Section 18.008.
5-3 SECTION 13. Section 18.067(a), Election Code, is amended to
5-4 read as follows:
5-5 (a) A person commits an offense if the person uses
5-6 information in connection with advertising or promoting commercial
5-7 products or services that the person [he] knows was obtained under
5-8 Section 18.066.
5-9 SECTION 14. Section 31.001(b), Election Code, is amended to
5-10 read as follows:
5-11 (b) The secretary shall establish in the secretary's [his]
5-12 office an elections division with an adequate staff to enable the
5-13 secretary [him] to perform the secretary's [his] duties as chief
5-14 election officer. The secretary may assign to the elections
5-15 division staff any function relating to the administration of
5-16 elections that is under the secretary's [his] jurisdiction.
5-17 SECTION 15. Section 31.032(a), Election Code, is amended to
5-18 read as follows:
5-19 (a) The position of county elections administrator is filled
5-20 by appointment of the county election commission, which consists
5-21 of:
5-22 (1) the county judge, as chair [chairman];
5-23 (2) the county clerk, as vice chair [vice-chairman];
5-24 (3) the county tax assessor-collector, as secretary;
5-25 and
5-26 (4) the county chair [chairman] of each political
5-27 party that made nominations by primary election for the last
6-1 general election for state and county officers preceding the date
6-2 of the meeting at which the appointment is made.
6-3 SECTION 16. Section 31.033(a), Election Code, is amended to
6-4 read as follows:
6-5 (a) The county election commission shall meet at the call of
6-6 the chair [chairman]. However, the vice chair [vice-chairman] or
6-7 any three members of the commission may call a meeting if the
6-8 calling authority considers a meeting to be necessary or desirable
6-9 and the chair [chairman] fails to call the meeting after being
6-10 requested to do so.
6-11 SECTION 17. Section 31.035(a), Election Code, is amended to
6-12 read as follows:
6-13 (a) A county elections administrator may not be a candidate
6-14 for a public office or an office of a political party, hold a
6-15 public office, or hold an office of or position in a political
6-16 party. At the time an administrator becomes a candidate or accepts
6-17 an office or position in violation of this subsection, the
6-18 administrator [he] vacates the position of administrator.
6-19 SECTION 18. Section 31.044(a), Election Code, is amended to
6-20 read as follows:
6-21 (a) With respect to meetings of the commissioners court,
6-22 including meetings at which the only business conducted pertains to
6-23 elections, the county clerk shall perform the clerk's [his]
6-24 regularly prescribed duties in giving notice of and preparing the
6-25 agenda for the meetings, attending the meetings and making a record
6-26 of the proceedings, preparing and maintaining the minutes of the
6-27 court, and filing and preserving copies of the court's orders,
7-1 except as provided by Subsection (b). The county elections
7-2 administrator shall cooperate with the county clerk in supplying
7-3 information on election matters that are to be brought before the
7-4 court and shall attend or be represented at the meetings of the
7-5 court at which election matters are considered. The county clerk
7-6 shall furnish the administrator with a copy of each order of the
7-7 court that pertains to or affects an election, and the
7-8 administrator shall maintain the copies on file.
7-9 SECTION 19. Section 31.049, Election Code, is amended to
7-10 read as follows:
7-11 Sec. 31.049. Criminal Penalties. A statute prescribing a
7-12 criminal penalty against the county clerk or the clerk's deputies
7-13 or other employees for conduct relating to duties or functions
7-14 transferred to the county elections administrator applies to the
7-15 administrator or to the administrator's [his] deputies or employees
7-16 as appropriate.
7-17 SECTION 20. Section 31.097(c), Election Code, is amended to
7-18 read as follows:
7-19 (c) A permanent deputy of the county election officer is not
7-20 subject to the eligibility requirements of this subsection. For a
7-21 temporary deputy of the officer to be eligible for appointment as a
7-22 deputy early voting clerk, the deputy must have the qualifications
7-23 for appointment as a presiding election judge except that:
7-24 (1) an appointee is not required to be a qualified
7-25 voter of any particular territory other than the county served by
7-26 the county election officer or the political subdivision in which
7-27 the election is held; and
8-1 (2) if an employee of the contracting political
8-2 subdivision is appointed, the appointee's status as an employee
8-3 does not disqualify the appointee [him] from serving in an election
8-4 in which an officer of the political subdivision is a candidate.
8-5 SECTION 21. Sections 31.123(a), (c), and (f), Election Code,
8-6 are amended to read as follows:
8-7 (a) If the secretary of the governing body of a political
8-8 subdivision other than a county or city or the authority performing
8-9 the duties of a secretary under this code does not maintain an
8-10 office during the hours and days required by Section 31.122, the
8-11 secretary or other authority shall appoint another officer or
8-12 employee of the political subdivision as the secretary's or
8-13 authority's [his] agent to perform the duties provided by this
8-14 section. The appointment is subject to the approval of the
8-15 political subdivision's governing body.
8-16 (c) The agent shall maintain in the agent's [his] office the
8-17 documents, records, and other papers relating to the election that:
8-18 (1) by law are placed in the custody of the authority
8-19 appointing the agent; and
8-20 (2) are public information.
8-21 (f) The appointing authority shall post, on the bulletin
8-22 board used for posting notice of meetings of the political
8-23 subdivision's governing body, a notice containing the agent's name,
8-24 the location of the agent's [his] office, the agent's [his] office
8-25 hours, and duration of the agent's [his] appointment. The notice
8-26 shall remain continuously posted during the minimum period for
8-27 maintaining the agent's office.
9-1 SECTION 22. Section 32.006, Election Code, is amended to
9-2 read as follows:
9-3 Sec. 32.006. Judges for Primary Elections. (a) The county
9-4 chair [chairman] of a political party holding a primary election
9-5 shall appoint for each primary, with the approval of the county
9-6 executive committee, the judges for each precinct in which the
9-7 election will be held in the county.
9-8 (b) If a vacancy in the positions of both the presiding
9-9 judge and the alternate judge arises after the appointments are
9-10 approved and the county executive committee is not scheduled to
9-11 meet before the election for which the appointments are made, the
9-12 county chair [chairman] may fill the vacancies without the approval
9-13 of the committee.
9-14 SECTION 23. Section 32.010(a), Election Code, is amended to
9-15 read as follows:
9-16 (a) If a presiding election judge has not been given a
9-17 current description of the boundary of the election precinct for
9-18 which the judge [he] is appointed, a description of the boundary
9-19 and a map of the precinct, if a map is available, shall accompany
9-20 the notice given under Section 32.009.
9-21 SECTION 24. Sections 32.034(b) and (d), Election Code, are
9-22 amended to read as follows:
9-23 (b) The county chair [chairman] of a political party whose
9-24 candidate for governor received the highest or second highest
9-25 number of votes in the county in the most recent gubernatorial
9-26 general election may, not later than the 25th day before a general
9-27 election or the 10th day before a special election to which
10-1 Subsection (a) applies, submit to a presiding judge a list
10-2 containing the names of at least two persons who are eligible for
10-3 appointment as a clerk. If a timely list is submitted, the
10-4 presiding judge shall appoint at least one clerk from the list,
10-5 except as provided by Subsection (c).
10-6 (d) The presiding judge shall make an appointment under this
10-7 section not later than the fifth day after the date the judge
10-8 receives the list and shall deliver written notification of the
10-9 appointment to the appropriate county chair [chairman].
10-10 SECTION 25. Section 32.054(a), Election Code, is amended to
10-11 read as follows:
10-12 (a) A person is ineligible to serve as an election judge or
10-13 clerk in an election if the person is employed by or related within
10-14 the second degree by consanguinity or affinity, as determined under
10-15 Chapter 573, Government Code, to an opposed candidate for a public
10-16 office or the party office of county chair [chairman] in the
10-17 election. For purposes of this subsection, a candidate whose name
10-18 appears on the ballot is not considered to be opposed by a write-in
10-19 candidate other than a declared write-in candidate under Chapter
10-20 146.
10-21 SECTION 26. Section 32.071, Election Code, is amended to
10-22 read as follows:
10-23 Sec. 32.071. General Responsibility of Presiding Judge. The
10-24 presiding judge is in charge of and responsible for the management
10-25 and conduct of the election at the polling place of the election
10-26 precinct that the judge [he] serves.
10-27 SECTION 27. Section 32.072(a), Election Code, is amended to
11-1 read as follows:
11-2 (a) The presiding judge shall designate the working hours of
11-3 and assign the duties to be performed by the election clerks
11-4 serving under the judge [him].
11-5 SECTION 28. Section 32.073(b), Election Code, is amended to
11-6 read as follows:
11-7 (b) If the presiding judge does not permit the clerks to be
11-8 absent for meals, the judge [he] must permit meals to be brought or
11-9 delivered to the polling place.
11-10 SECTION 29. Section 32.075(a), Election Code, is amended to
11-11 read as follows:
11-12 (a) The presiding judge shall preserve order and prevent
11-13 breaches of the peace and violations of this code in the polling
11-14 place and in the area within which electioneering and loitering are
11-15 prohibited from the time the judge arrives at the polling place on
11-16 election day until the judge [he] leaves the polling place after
11-17 the polls close.
11-18 SECTION 30. Section 32.094(a), Election Code, is amended to
11-19 read as follows:
11-20 (a) After each election, each presiding judge serving in the
11-21 election shall prepare and sign, in duplicate, a statement
11-22 containing the following information:
11-23 (1) the name and address of the presiding judge and
11-24 each clerk who served under the judge [him];
11-25 (2) the number of hours that each election officer
11-26 worked at the polling place, excluding time for which payment may
11-27 not be made; and
12-1 (3) the name of the election officer who delivered the
12-2 election records, keys, and unused supplies, and, if more than one
12-3 officer, the name of and the amount of compensation allocated to
12-4 each officer.
12-5 SECTION 31. Sections 32.114(c) and (d), Election Code, are
12-6 amended to read as follows:
12-7 (c) The county clerk shall:
12-8 (1) post a notice of the time and place of each
12-9 session on the bulletin board used for posting notice of meetings
12-10 of the commissioners court and shall include on the notice a
12-11 statement that the program is open to the public;
12-12 (2) notify each presiding judge appointed by the
12-13 commissioners court of the time and place of each session and of
12-14 the duty of each election judge to complete the training program;
12-15 (3) notify the county chair [chairman] of each
12-16 political party in the county of the time and place of each
12-17 session; and
12-18 (4) notify the voter registrar of the date, hour, and
12-19 place of each session.
12-20 (d) Each presiding judge receiving notice under Subsection
12-21 (c)(2) shall notify the alternate presiding judge and other persons
12-22 who serve as clerks for the judge's [his] precinct of the time and
12-23 place of each session.
12-24 SECTION 32. Section 33.002(c), Election Code, is amended to
12-25 read as follows:
12-26 (c) In an election for an office of the federal government
12-27 that is filled by voters of more than one county, watchers may also
13-1 be appointed by the chair [chairman] or treasurer of the
13-2 candidate's principal campaign committee or by a designated agent
13-3 of the chair [chairman] or treasurer.
13-4 SECTION 33. Section 33.003, Election Code, is amended to
13-5 read as follows:
13-6 Sec. 33.003. Appointment by Political Party. (a) The
13-7 county chair [chairman] of each political party that has one or
13-8 more nominees on the ballot may appoint watchers.
13-9 (b) If the county chair [chairman] does not make an
13-10 authorized appointment, any three members of the county executive
13-11 committee may make the appointment.
13-12 SECTION 34. Section 33.006(c), Election Code, is amended to
13-13 read as follows:
13-14 (c) In addition to complying with Subsection (b), a
13-15 certificate issued to a watcher for a write-in candidate must:
13-16 (1) include the residence address and voter
13-17 registration number of eligible signers in the required number;
13-18 (2) include the signed statement of the candidate, or
13-19 a person who would be authorized to make appointments on the
13-20 candidate's behalf if the candidate's name appeared on the ballot,
13-21 that the appointment is made with the signer's consent; and
13-22 (3) state the residence or office address of the
13-23 signer under Subdivision (2) and the capacity in which the signer
13-24 [he] signs, if the statement is not signed by the candidate.
13-25 SECTION 35. Sections 33.051(b) and (d), Election Code, are
13-26 amended to read as follows:
13-27 (b) The officer presented with a watcher's certificate of
14-1 appointment shall require the watcher to countersign the
14-2 certificate to ensure that the watcher is the same person who
14-3 signed the certificate. Except as provided by Subsection (c), a
14-4 watcher who presents himself or herself at the proper time with a
14-5 certificate of appointment shall be accepted for service unless the
14-6 person is ineligible to serve or the number of appointees to which
14-7 the appointing authority is entitled have already been accepted.
14-8 (d) The certificate of a watcher serving at an early voting
14-9 polling place shall be retained at the polling place until voting
14-10 at the polling place is concluded. At each subsequent time that
14-11 the watcher reports for service, the watcher [he] shall inform the
14-12 clerk or deputy in charge. The officer may require the watcher to
14-13 sign the watcher's [his] name in the officer's presence, for
14-14 comparison with the signature on the certificate, if the officer is
14-15 uncertain of the watcher's identity.
14-16 SECTION 36. Section 33.052(a), Election Code, is amended to
14-17 read as follows:
14-18 (a) A watcher at a precinct polling place may begin service
14-19 at any time after the presiding judge arrives at the polling place
14-20 on election day and may remain at the polling place until the
14-21 presiding judge and the clerks complete their duties there. A
14-22 watcher may not be accepted for service unless the watcher [he] is
14-23 present at the time the polls are opened for voting.
14-24 SECTION 37. Section 33.053, Election Code, is amended to
14-25 read as follows:
14-26 Sec. 33.053. Hours of Service at Early Voting Polling Place.
14-27 A watcher serving at an early voting polling place may be present
15-1 at the polling place at any time it is open and until completion of
15-2 the securing of any voting equipment used at the polling place that
15-3 is required to be secured on the close of voting each day. The
15-4 watcher may serve during the hours the watcher [he] chooses.
15-5 SECTION 38. Section 33.054(a), Election Code, is amended to
15-6 read as follows:
15-7 (a) A watcher serving at the meeting place of an early
15-8 voting ballot board may be present at any time the board is
15-9 processing or counting ballots and until the board completes its
15-10 duties. The watcher may serve during the hours the watcher [he]
15-11 chooses, except as provided by Subsection (b).
15-12 SECTION 39. Section 33.055(a), Election Code, is amended to
15-13 read as follows:
15-14 (a) A watcher serving at a central counting station may be
15-15 present at any time the station is open for the purpose of
15-16 processing or preparing to process election results and until the
15-17 election officers complete their duties at the station. The
15-18 watcher may serve during the hours the watcher [he] chooses, except
15-19 as provided by Subsection (b).
15-20 SECTION 40. Section 33.057(b), Election Code, is amended to
15-21 read as follows:
15-22 (b) A watcher may not be present at the voting station when
15-23 a voter is preparing the voter's [his] ballot or is being assisted
15-24 by a person of the voter's [his] choice.
15-25 SECTION 41. Sections 34.001(b) and (d), Election Code, are
15-26 amended to read as follows:
15-27 (b) The secretary of state shall appoint one or more
16-1 inspectors for an election if the secretary [he] receives a written
16-2 request for the appointment from 15 or more registered voters:
16-3 (1) of the county for which the inspector is
16-4 requested, for an election ordered by the governor or a county
16-5 authority or for a primary election; or
16-6 (2) of the political subdivision in which the election
16-7 specified by the request is held, for an election ordered by an
16-8 authority of a political subdivision other than a county.
16-9 (d) State inspectors are responsible to the secretary of
16-10 state and subject to the secretary's [his] direction. The
16-11 secretary may terminate an appointment at any time.
16-12 SECTION 42. Sections 42.036(b) and (e), Election Code, are
16-13 amended to read as follows:
16-14 (b) The commissioners court shall deliver written notice of
16-15 each proposed change and of each order making a change in a county
16-16 election precinct boundary to:
16-17 (1) the county chair [chairman] of each political
16-18 party that held a primary election in the county on the most recent
16-19 general primary day;
16-20 (2) the political party's precinct chair [chairman] of
16-21 each affected election precinct; and
16-22 (3) the presiding judge appointed by the commissioners
16-23 court for each affected election precinct.
16-24 (e) The notice of an order making a boundary change must
16-25 describe the change in brief, general terms and identify the
16-26 changed precincts. As an alternative, the notice to the county
16-27 chair [chairman] may be a copy of the order, and the notice to a
17-1 precinct chair [chairman] or presiding judge may be a copy of the
17-2 portion of the order affecting the precinct served by that person.
17-3 SECTION 43. Section 43.003, Election Code, is amended to
17-4 read as follows:
17-5 Sec. 43.003. Designation of Location: Primary Election.
17-6 The county chair [chairman] of a political party holding a primary
17-7 election shall designate the location of the polling place for each
17-8 election precinct in the primary unless the precinct is one that is
17-9 consolidated. In that case, the county executive committee shall
17-10 designate the location.
17-11 SECTION 44. Sections 51.002(b) and (c), Election Code, are
17-12 amended to read as follows:
17-13 (b) For the general election for state and county officers
17-14 and for a special election for an officer regularly elected at the
17-15 general election, the county election board consists of the county
17-16 judge, county clerk, voter registrar, sheriff, and county chair
17-17 [chairman] of each political party required to nominate candidates
17-18 by primary election. For other elections, the board consists of
17-19 the county judge, county clerk, voter registrar, and sheriff.
17-20 (c) The county clerk is the chair [chairman] of the county
17-21 election board.
17-22 SECTION 45. Section 51.003, Election Code, is amended to
17-23 read as follows:
17-24 Sec. 51.003. Procuring and Allocating Supplies. Except as
17-25 otherwise provided by law, the following authority shall procure
17-26 the election supplies necessary to conduct an election and shall
17-27 determine the quantity of the various types of supplies to be
18-1 provided to each precinct polling place and early voting polling
18-2 place:
18-3 (1) for an election ordered by the governor or a
18-4 county authority, the county clerk, subject to the approval of the
18-5 county election board;
18-6 (2) for a primary election, the county chair
18-7 [chairman] of the political party holding the primary, subject to
18-8 the approval of the party's county executive committee;
18-9 (3) for an election ordered by a city authority, the
18-10 city secretary; and
18-11 (4) for an election ordered by an authority of a
18-12 political subdivision other than a county or city, the secretary of
18-13 the subdivision's governing body or, if the governing body has no
18-14 secretary, the governing body's presiding officer.
18-15 SECTION 46. Section 51.010(b), Election Code, is amended to
18-16 read as follows:
18-17 (b) A person commits an offense if the person is entrusted
18-18 with the delivery of election supplies for use at polling places
18-19 and intentionally fails to deliver any of the supplies within the
18-20 time specified by the person who entrusted the delivery to the
18-21 person [him].
18-22 SECTION 47. Section 51.035(a), Election Code, is amended to
18-23 read as follows:
18-24 (a) On request of the county chair [chairman] of a political
18-25 party holding a primary election, the county clerk shall furnish
18-26 available county-owned ballot boxes and voting booths to the party
18-27 for use in its primary election.
19-1 SECTION 48. Section 52.002, Election Code, is amended to
19-2 read as follows:
19-3 Sec. 52.002. Authority Preparing Ballot. Except as
19-4 otherwise provided by law, the following authority shall have the
19-5 official ballot prepared:
19-6 (1) for an election ordered by the governor or a
19-7 county authority, the county clerk;
19-8 (2) for a primary election, the county chair
19-9 [chairman] of the political party holding the primary;
19-10 (3) for an election ordered by a city authority, the
19-11 city secretary; and
19-12 (4) for an election ordered by an authority of a
19-13 political subdivision other than a county or city, the secretary of
19-14 the subdivision's governing body or, if the governing body has no
19-15 secretary, the governing body's presiding officer.
19-16 SECTION 49. Section 52.003(b), Election Code, is amended to
19-17 read as follows:
19-18 (b) A candidate's name shall be placed on the ballot in the
19-19 form indicated on the candidate's application or, if the
19-20 application was not filed with the authority, in the form certified
19-21 to the authority [him].
19-22 SECTION 50. Section 52.004(a), Election Code, is amended to
19-23 read as follows:
19-24 (a) A person commits an offense if the person is responsible
19-25 for having the official ballot prepared for an election and
19-26 knowingly fails to place on the ballot the name of a candidate who
19-27 is entitled to have the candidate's [his] name placed on the
20-1 ballot.
20-2 SECTION 51. Section 52.007(d), Election Code, is amended to
20-3 read as follows:
20-4 (d) The county chair [chairman] of each political party
20-5 holding a primary election shall deliver the ballots to be used as
20-6 specimen ballots to the county clerk when the official ballots are
20-7 received from the printer.
20-8 SECTION 52. Section 52.094(c), Election Code, is amended to
20-9 read as follows:
20-10 (c) The authority conducting the drawing shall post in the
20-11 authority's [his] office a notice of the date, hour, and place of
20-12 the drawing. The notice must remain posted continuously for 72
20-13 hours immediately preceding the scheduled time of the drawing,
20-14 except that for a runoff election or an election held to resolve a
20-15 tie vote, the notice must remain posted for 24 hours immediately
20-16 preceding the scheduled time of the drawing.
20-17 SECTION 53. Section 61.006(a), Election Code, is amended to
20-18 read as follows:
20-19 (a) A person commits an offense if the person was in a
20-20 polling place for any purpose other than voting and knowingly
20-21 communicates to another person information that the person [he]
20-22 obtained at the polling place about how a voter has voted.
20-23 SECTION 54. Sections 63.001(b), (e), and (f), Election Code,
20-24 are amended to read as follows:
20-25 (b) On offering to vote, a voter must present the voter's
20-26 [his] voter registration certificate to an election officer at the
20-27 polling place.
21-1 (e) On accepting a voter, an election officer shall indicate
21-2 beside the voter's name on the list of registered voters that the
21-3 voter [he] is accepted for voting.
21-4 (f) After determining whether to accept a voter, an election
21-5 officer shall return the voter's registration certificate to the
21-6 voter [him].
21-7 SECTION 55. Sections 63.002(b) and (c), Election Code, are
21-8 amended to read as follows:
21-9 (b) A voter who is accepted for voting must sign the roster
21-10 before the voter [he] is permitted to vote.
21-11 (c) If the voter cannot sign the voter's [his] name, an
21-12 election officer shall enter the voter's name with a notation of
21-13 the reason for the voter's inability to sign the roster.
21-14 SECTION 56. Section 63.005(b), Election Code, is amended to
21-15 read as follows:
21-16 (b) With respect to each voter who is accepted for voting
21-17 but whose name is not on the list of registered voters for the
21-18 precinct in which the voter [he] is accepted, the election officer
21-19 shall record:
21-20 (1) the voter's name, residence address, and voter
21-21 registration number, if known; and
21-22 (2) a notation of the section of this code under which
21-23 the voter is accepted that provides for accepting voters who are
21-24 not on the list.
21-25 SECTION 57. Section 63.006(a), Election Code, is amended to
21-26 read as follows:
21-27 (a) A voter who, when offering to vote, presents a voter
22-1 registration certificate indicating that the voter is currently
22-2 registered in the precinct in which the voter [he] is offering to
22-3 vote, but whose name is not on the precinct list of registered
22-4 voters, shall be accepted for voting.
22-5 SECTION 58. Section 63.007(a), Election Code, is amended to
22-6 read as follows:
22-7 (a) A voter who, when offering to vote, presents a voter
22-8 registration certificate indicating that the voter is currently
22-9 registered in a different precinct from the one in which the voter
22-10 [he] is offering to vote, and whose name is not on the precinct
22-11 list of registered voters, shall be accepted for voting if the
22-12 voter executes an affidavit stating that the voter:
22-13 (1) is a resident of the precinct in which the voter
22-14 [he] is offering to vote or is otherwise entitled by law to vote in
22-15 that precinct;
22-16 (2) was a resident of the precinct in which the voter
22-17 [he] is offering to vote at the time that information on the
22-18 voter's residence address was last provided to the voter registrar;
22-19 (3) did not deliberately provide false information to
22-20 secure registration in a precinct in which the voter [he] does not
22-21 reside; and
22-22 (4) is voting only once in the election.
22-23 SECTION 59. Section 63.008, Election Code, is amended to
22-24 read as follows:
22-25 Sec. 63.008. Voter Without Certificate Who is on List. A
22-26 voter who does not present a voter registration certificate when
22-27 offering to vote, but whose name is on the list of registered
23-1 voters for the precinct in which the voter [he] is offering to
23-2 vote, shall be accepted for voting if the voter executes an
23-3 affidavit stating that the voter [he] does not have the voter's
23-4 [his] voter registration certificate in the voter's [his]
23-5 possession at the polling place at the time of offering to vote.
23-6 SECTION 60. Sections 63.011(a), (b), and (c), Election Code,
23-7 are amended to read as follows:
23-8 (a) A voter may not have in the voter's [his] actual
23-9 possession while marking the ballot a written communication that:
23-10 (1) was prepared and furnished to the voter by another
23-11 person; and
23-12 (2) is marked or printed in a way that identifies one
23-13 or more candidates or measures for which the voter has agreed to
23-14 vote or has been requested to vote.
23-15 (b) A sample ballot that has not been marked or printed in a
23-16 way that identifies candidates or measures for which to vote, that
23-17 is obtained by the voter from a newspaper or another person, and
23-18 that the voter marks himself or herself is one example of a written
23-19 communication that is not prohibited under Subsection (a).
23-20 (c) An election officer may not accept a voter for voting if
23-21 the officer knows that the voter has actual possession of a
23-22 communication prohibited by Subsection (a) at the time the voter
23-23 [he] offers to vote.
23-24 SECTION 61. Section 64.002(b), Election Code, is amended to
23-25 read as follows:
23-26 (b) A child under 18 years of age may accompany the child's
23-27 [his] parent to a voting station.
24-1 SECTION 62. Section 64.009(a), Election Code, is amended to
24-2 read as follows:
24-3 (a) If a voter is physically unable to enter the polling
24-4 place without personal assistance or likelihood of injuring the
24-5 voter's [his] health, on the voter's request, an election officer
24-6 shall deliver a ballot to the voter at the polling place entrance
24-7 or curb.
24-8 SECTION 63. Section 64.012(a), Election Code, is amended to
24-9 read as follows:
24-10 (a) A person commits an offense if the person:
24-11 (1) votes or attempts to vote in an election in which
24-12 the person knows the person [he] is not eligible to vote;
24-13 (2) knowingly votes or attempts to vote more than once
24-14 in an election; or
24-15 (3) knowingly impersonates another person and votes or
24-16 attempts to vote as the impersonated person.
24-17 SECTION 64. Section 64.033, Election Code, is amended to
24-18 read as follows:
24-19 Sec. 64.033. Reading Ballot to Voter. (a) If a voter is
24-20 assisted by election officers, one of them shall read the entire
24-21 ballot to the voter unless the voter tells the officer that the
24-22 voter [he] desires to vote only on certain offices or measures. In
24-23 that case, the officer shall read those items on the ballot
24-24 specified by the voter.
24-25 (b) If a voter is assisted by a person of the voter's [his]
24-26 choice, an election officer shall ask the voter being assisted
24-27 whether the voter [he] wants the entire ballot read to the voter
25-1 [him]. If so, the officer shall instruct the person assisting the
25-2 voter to read the entire ballot to the voter.
25-3 SECTION 65. Section 66.057(b), Election Code, is amended to
25-4 read as follows:
25-5 (b) The general custodian of election records or the
25-6 custodian's [his] designee shall be present at all times when the
25-7 records delivered in ballot box no. 4 are inspected.
25-8 SECTION 66. Section 66.060(c), Election Code, is amended to
25-9 read as follows:
25-10 (c) The custodian of the key to ballot box no. 3 shall keep
25-11 the key for the period for preserving the precinct election records
25-12 except for the time the key is temporarily out of the custodian's
25-13 [his] custody in accordance with this code.
25-14 SECTION 67. Sections 68.051(d) and (e), Election Code, are
25-15 amended to read as follows:
25-16 (d) Instead of making one of the required appointments, each
25-17 appointing officer or the officer's [his] designee may serve on the
25-18 committee.
25-19 (e) Each appointing officer shall allocate at least four of
25-20 the officer's [his] appointments among members of the various media
25-21 organizations covering elections in this state.
25-22 SECTION 68. Section 68.052, Election Code, is amended to
25-23 read as follows:
25-24 Sec. 68.052. Chair [Chairman] and Meetings. (a) The
25-25 secretary of state shall designate a chair [chairman] and vice
25-26 chair [vice-chairman] of the committee from among the media
25-27 organization membership.
26-1 (b) Meetings of the committee shall be held at the call of
26-2 the chair [chairman].
26-3 SECTION 69. Section 82.002(a), Election Code, is amended to
26-4 read as follows:
26-5 (a) A qualified voter is eligible for early voting by mail
26-6 if the voter has a sickness or physical condition that prevents the
26-7 voter from appearing at the polling place on election day without a
26-8 likelihood of needing personal assistance or of injuring the
26-9 voter's [his] health.
26-10 SECTION 70. Section 82.004(b), Election Code, is amended to
26-11 read as follows:
26-12 (b) A voter confined in jail who is eligible for early
26-13 voting is not entitled to vote by personal appearance unless the
26-14 authority in charge of the jail, in the authority's [his]
26-15 discretion, permits the voter to do so.
26-16 SECTION 71. Section 84.008(a), Election Code, is amended to
26-17 read as follows:
26-18 (a) An applicant for a ballot to be voted by mail may submit
26-19 the [his] application by delivering it in person to the early
26-20 voting clerk if the application is submitted not later than the
26-21 close of regular business in the clerk's office on the day before
26-22 the first day of the period for early voting by personal
26-23 appearance.
26-24 SECTION 72. Section 84.011(a), Election Code, is amended to
26-25 read as follows:
26-26 (a) The officially prescribed application form for an early
26-27 voting ballot must include:
27-1 (1) immediately preceding the signature space the
27-2 statement: "I certify that the information given in this
27-3 application is true, and I understand that giving false information
27-4 in this application is a crime.";
27-5 (2) a statement informing voters of the offense
27-6 prescribed by Section 84.004;
27-7 (3) spaces for entering an applicant's voter
27-8 registration number and county election precinct of registration,
27-9 with a statement informing the applicant that failure to furnish
27-10 that information does not invalidate the application; and
27-11 (4) on an application for a ballot to be voted by
27-12 mail:
27-13 (A) a space for an applicant applying on the
27-14 ground of absence from the county of residence to indicate the date
27-15 on or after which the applicant can receive mail at the address
27-16 outside the county;
27-17 (B) a space for indicating the fact that an
27-18 applicant whose application is signed by a witness cannot make the
27-19 applicant's [his] mark and a space for indicating the relationship
27-20 or the lack of relationship of the witness to the applicant; and
27-21 (C) a space for entering an applicant's
27-22 telephone number, with a statement informing the applicant that
27-23 failure to furnish that information does not invalidate the
27-24 application.
27-25 SECTION 73. Section 84.012, Election Code, is amended to
27-26 read as follows:
27-27 Sec. 84.012. Clerk to Mail Application Form on Request. The
28-1 early voting clerk shall mail without charge an appropriate
28-2 official application form for an early voting ballot to each person
28-3 requesting the clerk to send the person [him] an application form.
28-4 SECTION 74. Section 85.032(d), Election Code, is amended to
28-5 read as follows:
28-6 (d) Each custodian shall retain possession of the key
28-7 entrusted to the custodian [him] until it is delivered to the early
28-8 voting ballot board under Subchapter B, Chapter 87.
28-9 SECTION 75. Section 86.008(b), Election Code, is amended to
28-10 read as follows:
28-11 (b) The clerk shall include with the application form mailed
28-12 or delivered to the applicant a written notice containing:
28-13 (1) a brief explanation of each defect in the
28-14 noncomplying application;
28-15 (2) a statement informing the voter that the voter
28-16 [he] is not entitled to vote an early voting ballot unless the
28-17 application complies with all legal requirements; and
28-18 (3) instructions for submitting the second
28-19 application.
28-20 SECTION 76. Section 86.009(c), Election Code, is amended to
28-21 read as follows:
28-22 (c) Before mailing the corrected ballot to the voter, the
28-23 clerk shall place a notation on the carrier envelope indicating
28-24 that the ballot is a corrected ballot being provided under this
28-25 section. The clerk shall also indicate on the voter's application
28-26 that the voter [he] was provided a corrected ballot.
28-27 SECTION 77. Section 86.011(d), Election Code, is amended to
29-1 read as follows:
29-2 (d) Notwithstanding any other provisions of this code, if
29-3 the clerk receives a timely carrier envelope that does not fully
29-4 comply with the applicable requirements prescribed by this title,
29-5 the clerk may deliver the carrier envelope in person or by mail to
29-6 the voter and may receive, before the deadline, the corrected
29-7 carrier envelope from the voter, or the clerk may notify the voter
29-8 of the defect by telephone and advise the voter that the voter [he]
29-9 may come to the clerk's office in person to correct the defect or
29-10 cancel the voter's [his] application to vote by mail and vote on
29-11 election day. If the procedures authorized by this subsection are
29-12 used, they must be applied uniformly to all carrier envelopes
29-13 covered by this subsection. A poll watcher is entitled to observe
29-14 the procedures under this subsection. The secretary of state may
29-15 prescribe any other procedures necessary to implement this
29-16 subsection including requirements for posting notice of any
29-17 deliveries.
29-18 SECTION 78. Section 87.0221(c), Election Code, is amended to
29-19 read as follows:
29-20 (c) At least 24 hours before each delivery, the early voting
29-21 clerk shall notify the county chair [chairman] of each political
29-22 party having a nominee on the ballot of the time the delivery is to
29-23 be made.
29-24 SECTION 79. Section 87.023(c), Election Code, is amended to
29-25 read as follows:
29-26 (c) At least 24 hours before the first delivery of ballots
29-27 covered by Subsection (b), the early voting clerk shall notify the
30-1 county chair [chairman] of each political party having a nominee on
30-2 the ballot of the time the first delivery is to be made.
30-3 SECTION 80. Section 87.024(c), Election Code, is amended to
30-4 read as follows:
30-5 (c) At least 24 hours before the delivery, the early voting
30-6 clerk shall notify the county chair [chairman] of each political
30-7 party having a nominee on the ballot of the time the delivery is to
30-8 be made.
30-9 SECTION 81. Section 87.025, Election Code, is amended to
30-10 read as follows:
30-11 Sec. 87.025. Delivering Second Ballot Box Key to Board. On
30-12 request of the presiding officer of the early voting ballot board,
30-13 the custodian of the key to the second lock on the early voting
30-14 ballot boxes shall deliver the custodian's [his] key for each box
30-15 to the presiding officer.
30-16 SECTION 82. Sections 87.027(b), (c), and (i), Election Code,
30-17 are amended to read as follows:
30-18 (b) The following authority is responsible for appointing
30-19 the members of a signature verification committee:
30-20 (1) the county election board, in an election for
30-21 which the board is established;
30-22 (2) the county chair [chairman], in a primary
30-23 election; and
30-24 (3) the governing body of the political subdivision,
30-25 in an election ordered by an authority of a political subdivision
30-26 other than a county.
30-27 (c) Not later than the fifth day after the date the early
31-1 voting clerk issues the order calling for the appointment of a
31-2 signature verification committee, the appropriate authority shall
31-3 appoint the members of the committee and designate one of the
31-4 appointees as chair [chairman]. The authority shall fill a vacancy
31-5 on the committee by appointment as soon as possible after the
31-6 vacancy occurs. The early voting clerk shall post notice of the
31-7 name and residence address of each appointee. The notice must
31-8 remain posted continuously for the period beginning the day after
31-9 the date of the appointment and ending on the last day of the
31-10 committee's operation in the election.
31-11 (i) The signature verification committee shall compare the
31-12 signature on each carrier envelope certificate, except those signed
31-13 for a voter by a witness, with the signature on the voter's ballot
31-14 application to determine whether the signatures are those of the
31-15 same person. The committee shall place the jacket envelopes,
31-16 carrier envelopes, and applications of voters whose signatures do
31-17 not match in separate containers from those of voters whose
31-18 signatures match. The committee chair [chairman] shall deliver the
31-19 sorted materials to the early voting ballot board at the time
31-20 specified by the board's presiding judge but within the period
31-21 permitted for the early voting clerk's delivery of early voting
31-22 ballots to the board.
31-23 SECTION 83. Section 87.121(f), Election Code, is amended to
31-24 read as follows:
31-25 (f) Information on the roster for a person to whom an early
31-26 voting mail ballot has been sent is not available for public
31-27 inspection, except to the voter seeking to verify that the
32-1 information pertaining to the voter [him] is accurate, until 24
32-2 hours after the time a ballot was mailed to the voter.
32-3 SECTION 84. Section 104.004(e), Election Code, is amended to
32-4 read as follows:
32-5 (e) If the voter is physically unable to enter the early
32-6 voting polling place without personal assistance or a likelihood of
32-7 injuring the voter's [his] health, the clerk shall deliver the
32-8 balloting materials to the voter at the polling place entrance or
32-9 curb.
32-10 SECTION 85. Section 124.065, Election Code, is amended to
32-11 read as follows:
32-12 Sec. 124.065. Paper Ballot for Office of Precinct Chair
32-13 [Chairman]. (a) The authority adopting an electronic voting
32-14 system for use in a primary election may provide by resolution,
32-15 order, or other official action for voting by paper ballot for the
32-16 party office of precinct chair [chairman].
32-17 (b) The paper ballot for precinct chair [chairman] must
32-18 conform to the applicable standards governing regular paper
32-19 ballots, except that the ballot shall be limited to the office of
32-20 precinct chair [chairman].
32-21 (c) The secretary of state shall prescribe the form of the
32-22 ballot for precinct chair [chairman] consistent with this section.
32-23 SECTION 86. Section 125.031(d), Election Code, is amended to
32-24 read as follows:
32-25 (d) Not later than the day before the date of the inspection
32-26 of machines, the authority shall notify the county chair [chairman]
32-27 of each political party with a nominee on the ballot of the place,
33-1 date, and hour of the inspection. The county chair [chairman] or
33-2 the chair's [his] designee is entitled to observe the inspection
33-3 and securing of the machines.
33-4 SECTION 87. Section 125.033(a), Election Code, is amended to
33-5 read as follows:
33-6 (a) In an election in which paper write-in ballots are used,
33-7 a voter who has been accepted to vote by voting machine is entitled
33-8 to a paper write-in ballot on request if the voter executes the
33-9 following affidavit:
33-10 "State of Texas
33-11 "County of __________________________
33-12 "Before me, the undersigned authority, on this day personally
33-13 appeared ________________________________, who, having been by me
33-14 first duly sworn, on the person's [his] oath did depose and say:
33-15 " 'I have not and will not cast a vote on the voting machine
33-16 for the office for which I am casting a write-in ballot.'
33-17 ________________________________
33-18 Voter
33-19 "Subscribed and sworn before me this ______ day of
33-20 __________________, 19____.
33-21 ________________________________________________
33-22 Election Officer of Polling Place______________,
33-23 ______________________ County, Texas"
33-24 SECTION 88. Section 126.035(b), Election Code, is amended to
33-25 read as follows:
33-26 (b) On completion of an examination, the authority that
33-27 ordered the examination shall have the machine restored to its
34-1 secured condition. The person in charge of the examination shall
34-2 replace the keys to the machine in their envelope, seal the
34-3 envelope, sign the person's [his] name across the seal, and return
34-4 the sealed envelope to the machine's custodian.
34-5 SECTION 89. Section 127.037(b), Election Code, is amended to
34-6 read as follows:
34-7 (b) The officers shall present the ballot box to the
34-8 presiding judge of the counting station or to the judge's [his]
34-9 designee.
34-10 SECTION 90. Sections 127.038(a)-(c), Election Code, are
34-11 amended to read as follows:
34-12 (a) On receipt of ballot box no. 3, the presiding judge of
34-13 the central counting station or the judge's [his] designee shall
34-14 give a signed receipt for the box to one of the delivering
34-15 officers. The presiding judge at the polling place shall preserve
34-16 the receipt for the period for preserving the precinct election
34-17 records.
34-18 (b) Before opening the ballot box, the presiding judge of
34-19 the counting station or the judge's [his] designee shall inspect
34-20 the box and the seal to determine if they are intact and shall
34-21 determine if the serial number on the seal corresponds with the
34-22 number indicated on the record of serial numbers at the counting
34-23 station. If the box and seal are intact and the serial numbers
34-24 correspond, the judge or designee shall break the seal and open the
34-25 box.
34-26 (c) On opening the ballot box, the judge or the judge's
34-27 [his] designee shall determine if the serial number on the seal
35-1 corresponds with the serial number indicated on the certificate
35-2 inside the ballot box.
35-3 SECTION 91. Sections 127.068(a) and (b), Election Code, are
35-4 amended to read as follows:
35-5 (a) On receipt of a sealed ballot box, the presiding judge
35-6 of the central counting station or the judge's [his] designee shall
35-7 give a signed receipt for the box to one of the delivering
35-8 officers. The presiding judge at the polling place shall preserve
35-9 the receipt for the period for preserving the precinct election
35-10 records.
35-11 (b) Before opening the ballot box, the presiding judge of
35-12 the counting station or the judge's [his] designee shall inspect
35-13 the box, the seal of the box, and the seal of the deposit slot to
35-14 determine if they are intact and shall determine if the serial
35-15 number on the seal of the box corresponds with the number indicated
35-16 on the record of serial numbers at the counting station. If the
35-17 box and both seals are intact and the serial numbers correspond,
35-18 the judge or designee shall break the seals, unlock the lock, and
35-19 open the box.
35-20 SECTION 92. Section 127.124(c), Election Code, is amended to
35-21 read as follows:
35-22 (c) The boxes in which the ballots are delivered to the
35-23 counting station may be returned to the polling places for use in
35-24 subsequent deliveries. If a box to be reused is a sealed ballot
35-25 box authorized by Subchapter C, the authority responsible for
35-26 distributing election supplies to the polling places, or the
35-27 authority's [his] designee, shall lock and seal the box at the
36-1 counting station in the same manner as for the initial locking and
36-2 sealing of the box and then deliver it to the appropriate polling
36-3 place.
36-4 SECTION 93. Section 141.038(a), Election Code, is amended to
36-5 read as follows:
36-6 (a) A filing fee paid in connection with a candidate's
36-7 application for a place on the ballot shall be refunded to the
36-8 candidate or to the candidate's [his] estate, as appropriate, if
36-9 before the date of the election for which the application is made:
36-10 (1) the candidate dies;
36-11 (2) the candidate is declared ineligible; or
36-12 (3) the candidate's application for a place on the
36-13 ballot is determined not to comply with the requirements as to
36-14 form, content, and procedure that it must satisfy for the
36-15 candidate's name to be placed on the ballot.
36-16 SECTION 94. Section 141.066(c), Election Code, is amended to
36-17 read as follows:
36-18 (c) A signature on a candidate's petition is invalid if the
36-19 signer signed the petition subsequent to [his] signing a petition
36-20 of another candidate for the same office in the same election.
36-21 SECTION 95. Sections 141.067(b) and (f), Election Code, are
36-22 amended to read as follows:
36-23 (b) To withdraw a signature, the signer must request that
36-24 the signer's [his] signature be withdrawn.
36-25 (f) The filing of an effective withdrawal request nullifies
36-26 the signature on the petition and places the signer in the same
36-27 position as if the signer [he] had not signed the petition.
37-1 SECTION 96. Section 141.070(c), Election Code, is amended to
37-2 read as follows:
37-3 (c) Not later than the 30th day after the date the secretary
37-4 of state or county clerk receives an estimate request, the
37-5 secretary or clerk shall certify the secretary's or clerk's [his]
37-6 estimate in writing and deliver a copy of the certification to the
37-7 candidate and to the authority with whom the candidate's
37-8 application for a place on the ballot is required to be filed.
37-9 SECTION 97. Section 142.003, Election Code, is amended to
37-10 read as follows:
37-11 Sec. 142.003. Preservation of Declaration. The authority
37-12 with whom a declaration of intent is required to be filed shall
37-13 preserve each declaration filed with the authority [him] until the
37-14 day after general election day.
37-15 SECTION 98. Section 145.001(a), Election Code, is amended to
37-16 read as follows:
37-17 (a) To withdraw from an election, a candidate whose name is
37-18 to appear on the ballot must request that the candidate's [his]
37-19 name be omitted from the ballot.
37-20 SECTION 99. Section 145.005(d), Election Code, is amended to
37-21 read as follows:
37-22 (d) In a race in which a runoff is required, if the deceased
37-23 or ineligible candidate received the vote that would entitle the
37-24 candidate [him] to a place on the runoff election ballot or tied
37-25 for that number of votes, the candidates in the runoff shall be
37-26 determined in the regular manner but without regard to the votes
37-27 received by the deceased or ineligible candidate.
38-1 SECTION 100. Section 145.034, Election Code, is amended to
38-2 read as follows:
38-3 Sec. 145.034. Copy of Withdrawal Request Delivered to
38-4 Executive Committee. At the same time a withdrawal request is
38-5 filed, a candidate must deliver a copy of the request to the chair
38-6 [chairman] of the executive committee authorized to fill a vacancy
38-7 in the nomination. If a vacancy exists in the office of chair
38-8 [chairmanship] of a precinct or district executive committee, the
38-9 copy must be delivered to:
38-10 (1) the chair [chairman] of the state executive
38-11 committee, for a district office; or
38-12 (2) the chair [chairman] of the county executive
38-13 committee, for a precinct office.
38-14 SECTION 101. Section 145.036(b), Election Code, is amended
38-15 to read as follows:
38-16 (b) An executive committee may make a replacement nomination
38-17 following a withdrawal only if:
38-18 (1) the candidate:
38-19 (A) withdraws because of a catastrophic illness
38-20 that was diagnosed after the 62nd day before general primary
38-21 election day and the illness would permanently and continuously
38-22 incapacitate the candidate and prevent the candidate [him] from
38-23 performing the duties of the office sought; and
38-24 (B) files with the withdrawal request a
38-25 certificate describing the illness and signed by at least two
38-26 licensed physicians;
38-27 (2) no political party that held primary elections has
39-1 a nominee for the office sought by the withdrawing candidate as of
39-2 the time of the withdrawal; or
39-3 (3) the candidate has been elected or appointed to
39-4 fill a vacancy in another elective office or has become the nominee
39-5 for another office.
39-6 SECTION 102. Sections 145.037(a), (b), and (d), Election
39-7 Code, are amended to read as follows:
39-8 (a) For the name of a replacement nominee to be placed on
39-9 the general election ballot, the chair [chairman] of the executive
39-10 committee making the replacement nomination must certify in writing
39-11 the nominee's name for placement on the ballot as provided by this
39-12 section.
39-13 (b) The certification must be signed and acknowledged by the
39-14 chair [chairman].
39-15 (d) The chair [chairman] must deliver the certification to:
39-16 (1) the secretary of state, for a statewide or
39-17 district office; or
39-18 (2) the authority responsible for having the official
39-19 ballot prepared, for a county or precinct office.
39-20 SECTION 103. Section 145.038(b), Election Code, is amended
39-21 to read as follows:
39-22 (b) The state chair [chairman] must deliver the
39-23 certification of the replacement nominee not later than 5 p.m. of
39-24 the 57th day before election day.
39-25 SECTION 104. Section 145.064(b), Election Code, is amended
39-26 to read as follows:
39-27 (b) The name of a deceased candidate may not be omitted if:
40-1 (1) the decedent was the incumbent in the office for
40-2 which the decedent [he] was a candidate; or
40-3 (2) no other candidate's name is to appear on the
40-4 ballot in the race in which the decedent was a candidate.
40-5 SECTION 105. Section 161.005(a), Election Code, is amended
40-6 to read as follows:
40-7 (a) To be eligible to be a candidate for or to serve as a
40-8 county or precinct chair [chairman] of a political party, a person
40-9 must:
40-10 (1) be a qualified voter of the county; and
40-11 (2) not be a candidate for nomination or election to,
40-12 or be the holder of, an elective office of the federal, state, or
40-13 county government.
40-14 SECTION 106. Section 161.007(a), Election Code, is amended
40-15 to read as follows:
40-16 (a) A person commits an offense if, with respect to another
40-17 over whom the person has authority in the scope of employment, the
40-18 person knowingly:
40-19 (1) refuses to permit the other person to be absent
40-20 from work for the purpose of attending a precinct convention in
40-21 which the other person [he] is eligible to participate or attending
40-22 a county, district, or state convention to which the other person
40-23 [he] is a delegate; or
40-24 (2) subjects or threatens to subject the other person
40-25 to a penalty for the purpose of preventing or retaliating for the
40-26 other person's [his] attendance at a precinct convention in which
40-27 the other person [he] is eligible to participate or for the other
41-1 person's [his] attendance at a county, district, or state
41-2 convention to which the other person [he] is a delegate.
41-3 SECTION 107. Section 162.004(b), Election Code, is amended
41-4 to read as follows:
41-5 (b) An election officer at a primary election polling place
41-6 shall stamp the party's name in the party affiliation space of the
41-7 registration certificate of each voter who presents the voter's
41-8 [his] registration certificate and is accepted to vote unless the
41-9 party name has already been stamped in the space.
41-10 SECTION 108. Sections 162.007(b) and (c), Election Code, are
41-11 amended to read as follows:
41-12 (b) On admitting a person for participation in the
41-13 convention, the temporary chair [chairman] shall administer to the
41-14 person the following oath: "I swear that I have not voted in a
41-15 primary election or participated in a convention of another party
41-16 during this voting year. I hereby affiliate myself with the
41-17 __________ Party."
41-18 (c) After administering the oath, the temporary chair
41-19 [chairman] shall request the person's registration certificate and
41-20 stamp the party's name in the party affiliation space unless the
41-21 party name has already been stamped in the space. If the person
41-22 does not present a registration certificate, the temporary chair
41-23 [chairman] on the person's request shall issue the person [him] an
41-24 affiliation certificate.
41-25 SECTION 109. Section 162.008(c), Election Code, is amended
41-26 to read as follows:
41-27 (c) After administering the oath, the committee member shall
42-1 stamp the party's name on the person's registration certificate or
42-2 issue the person [him] an affiliation certificate as provided by
42-3 Section 162.007(c).
42-4 SECTION 110. Sections 163.005(a), (c), and (d), Election
42-5 Code, are amended to read as follows:
42-6 (a) The state chair [chairman] shall file a copy of each
42-7 rule on electoral affairs with the secretary of state.
42-8 (c) If the state chair [chairman] fails to make a timely
42-9 filing, any member of the state executive committee may make the
42-10 filing.
42-11 (d) A filing must be accompanied by a written statement
42-12 signed by the state chair [chairman] or any two members of the
42-13 state executive committee indicating whether the rule is temporary
42-14 or permanent.
42-15 SECTION 111. Section 163.006(d), Election Code, is amended
42-16 to read as follows:
42-17 (d) Before January 15 of each year in which political
42-18 parties hold precinct conventions under this title, the secretary
42-19 of state shall deliver written notice of the requirements of this
42-20 section to the state chair [chairman] of each party that had a
42-21 nominee for a statewide or district office on the most recent
42-22 general election ballot.
42-23 SECTION 112. Sections 171.002(b) and (c), Election Code, are
42-24 amended to read as follows:
42-25 (b) In addition to the members representing the senatorial
42-26 districts, the committee has a chair [chairman] and a vice chair
42-27 [vice-chairman], one of whom must be a man and the other a woman.
43-1 Except as otherwise provided by party rule, the chair [chairman]
43-2 and vice chair [vice-chairman] are considered members of the
43-3 committee.
43-4 (c) The chair, vice chair [chairman, vice-chairman], and
43-5 members representing the senatorial districts are elected at the
43-6 party's biennial state convention. However, the chair, vice chair
43-7 [chairman, vice-chairman], and members may be elected for four-year
43-8 terms at the state convention held in gubernatorial election years.
43-9 Each holds office until a successor is elected and assumes office.
43-10 SECTION 113. Section 171.003(a), Election Code, is amended
43-11 to read as follows:
43-12 (a) The state executive committee shall fill by appointment
43-13 any vacancy on the committee, including a vacancy in the office of
43-14 chair [chairman] or vice chair [vice-chairman].
43-15 SECTION 114. Section 171.022(a), Election Code, is amended
43-16 to read as follows:
43-17 (a) A county executive committee consists of:
43-18 (1) a county chair [chairman], who is the presiding
43-19 officer, elected at the general primary election by majority vote
43-20 of the qualified voters of the county who vote in the primary on
43-21 that office or appointed by the county executive committee as
43-22 provided by this subchapter; and
43-23 (2) a precinct chair [chairman] from each county
43-24 election precinct, elected at the general primary by majority vote
43-25 of the qualified voters of the precinct who vote in the primary on
43-26 that office or appointed by the county executive committee as
43-27 provided by this subchapter.
44-1 SECTION 115. Sections 171.023(a)-(c), Election Code, are
44-2 amended to read as follows:
44-3 (a) To be eligible to be a candidate for or to serve as a
44-4 precinct chair [chairman], a person must reside in the election
44-5 precinct in addition to satisfying the other applicable eligibility
44-6 requirements.
44-7 (b) A change in a county election precinct boundary creates
44-8 a vacancy in the office of precinct chair [chairman] if more than
44-9 one precinct chair [chairman] resides in the changed precinct or if
44-10 none resides there.
44-11 (c) For the purpose of determining whether a precinct chair
44-12 [chairman] is a resident of a particular county election precinct,
44-13 a change in a precinct boundary is not effective until February 1
44-14 following the adoption of the order making the change, except as
44-15 provided by Subsection (d).
44-16 SECTION 116. Section 171.024(d), Election Code, is amended
44-17 to read as follows:
44-18 (d) After a vacancy is filled, the county chair [chairman]
44-19 shall promptly deliver written notice of the replacement member's
44-20 name and address to the state chair [chairman] and to the county
44-21 clerk.
44-22 SECTION 117. Section 171.025, Election Code, is amended to
44-23 read as follows:
44-24 Sec. 171.025. Procedure for Filling Vacancy in Office of
44-25 County Chair [Chairmanship]. (a) If a vacancy occurs in the
44-26 office of county chair [chairman], the secretary of the county
44-27 executive committee shall call a meeting for the purpose of filling
45-1 the vacancy. If a committee member files with the secretary a
45-2 written request for a meeting to fill a vacancy, the secretary
45-3 shall call the meeting to convene not later than the 20th day after
45-4 the date the secretary receives the request.
45-5 (b) If the committee does not have a secretary or if after
45-6 receiving a written request under Subsection (a) the secretary
45-7 fails to call the meeting, the state chair [chairman], on written
45-8 request of a member of the county executive committee filed with
45-9 the state chair [chairman], shall call the meeting to convene not
45-10 later than the 20th day after the date the chair [chairman]
45-11 receives the request.
45-12 (c) The authority calling the meeting shall notify each
45-13 committee member in advance of the meeting of its time, place, and
45-14 purpose.
45-15 (d) The authority calling the meeting shall designate a
45-16 committee member as temporary chair [chairman], who shall call the
45-17 meeting to order and preside until the vacancy is filled.
45-18 SECTION 118. Sections 171.027(b) and (c), Election Code, are
45-19 amended to read as follows:
45-20 (b) The state executive committee shall appoint a temporary
45-21 county chair [chairman]. To be appointed, a person must receive a
45-22 favorable vote of a majority of the committee's membership.
45-23 (c) The temporary county chair [chairman] shall call, for
45-24 the purpose of electing the other members of a temporary county
45-25 executive committee, a meeting of the voters of the county who
45-26 consider themselves to be aligned with the party. The voters
45-27 present at the meeting shall elect the other members of the
46-1 committee.
46-2 SECTION 119. Section 171.052, Election Code, is amended to
46-3 read as follows:
46-4 Sec. 171.052. Committee Composition: District Coterminous
46-5 With County. The district executive committee for a district that
46-6 is coterminous with a single county consists of the county
46-7 executive committee, with the county chair [chairman] serving as
46-8 chair [chairman] of the district committee.
46-9 SECTION 120. Section 171.053, Election Code, is amended to
46-10 read as follows:
46-11 Sec. 171.053. Committee Composition: District Comprising
46-12 Part of a County; First Meeting. (a) The district executive
46-13 committee for a district comprising only a part of a single county
46-14 consists of the precinct chairs [chairmen] of the county election
46-15 precincts in the district.
46-16 (b) The members of a district executive committee shall
46-17 elect a chair [chairman] at the committee's first meeting from
46-18 among the committee membership.
46-19 (c) Except as provided by Subsection (d), the county chair
46-20 [chairman] shall call the first meeting of the district executive
46-21 committee to convene at any time after the precinct chairs
46-22 [chairmen] take office. The county chair [chairman] shall notify
46-23 each committee member in advance of the meeting of its time, place,
46-24 and purpose.
46-25 (d) If a vacancy exists in the office of chair
46-26 [chairmanship] of a senatorial district executive committee
46-27 immediately before the date for conducting the regular drawing for
47-1 a place on the general primary ballot, the committee shall convene
47-2 on that date at the hour and place specified by the county chair
47-3 [chairman] to elect the district executive committee chair
47-4 [chairman].
47-5 (e) Not later than the third day after the date the chair
47-6 [chairman] for a senatorial district executive committee is
47-7 elected, the county chair [chairman] shall deliver to the state
47-8 chair [chairman] written notice of the name and address of the
47-9 person elected.
47-10 SECTION 121. Section 171.054, Election Code, is amended to
47-11 read as follows:
47-12 Sec. 171.054. Committee Composition: District Situated in
47-13 More Than One County; First Meeting. (a) The district executive
47-14 committee for a district situated in more than one county consists
47-15 of:
47-16 (1) the county chair [chairman] of each county that is
47-17 wholly situated in the district; and
47-18 (2) one precinct chair [chairman] from each county
47-19 that is only partly situated in the district, elected by and from
47-20 among the precinct chairs [chairmen] of the precincts in that part
47-21 of the county.
47-22 (b) Except as provided by Subsection (c), the county chair
47-23 [chairman] shall call a meeting to convene at any time after the
47-24 precinct chairs [chairmen] take office to elect the precinct chair
47-25 [chairman] who is to serve on a district executive committee. The
47-26 county chair [chairman] shall notify the appropriate precinct
47-27 chairs [chairmen] in advance of the meeting of its time, place, and
48-1 purpose. Not later than the third day after the date the district
48-2 executive committee member is elected, the county chair [chairman]
48-3 shall deliver to the state chair [chairman] written notice of the
48-4 name and address of the person elected.
48-5 (c) If a vacancy exists in the office of precinct chair
48-6 [chairman position] on a senatorial district executive committee
48-7 immediately before the date for conducting the regular drawing for
48-8 a place on the general primary ballot, the appropriate precinct
48-9 chairs [chairmen] shall convene on that date at the hour and place
48-10 specified by the county chair [chairman] to elect that officer.
48-11 (d) The members of a district executive committee shall
48-12 elect a chair [chairman] at the committee's first meeting from
48-13 among the committee membership.
48-14 (e) The state chair [chairman] shall call the first meeting
48-15 of the district executive committee and shall notify each committee
48-16 member in advance of the meeting of its time, place, and purpose.
48-17 SECTION 122. Section 171.072, Election Code, is amended to
48-18 read as follows:
48-19 Sec. 171.072. Committee Composition: Precinct With Three or
48-20 More Election Precincts; First Meeting. (a) The precinct
48-21 executive committee for a commissioners precinct or for a justice
48-22 precinct containing three or more county election precincts
48-23 consists of the precinct chair [chairman] of each county election
48-24 precinct in the commissioners or justice precinct, as applicable.
48-25 (b) The members of a precinct executive committee shall
48-26 elect a chair [chairman] at the committee's first meeting from
48-27 among the committee membership.
49-1 (c) The county chair [chairman] shall call the first meeting
49-2 of the precinct executive committee and shall notify each committee
49-3 member in advance of the meeting of its time, place, and purpose.
49-4 SECTION 123. Section 171.073, Election Code, is amended to
49-5 read as follows:
49-6 Sec. 171.073. Committee Composition: Precinct With Fewer
49-7 Than Three Election Precincts. The precinct executive committee
49-8 for a commissioners precinct or for a justice precinct containing
49-9 fewer than three county election precincts consists of the county
49-10 executive committee, with the county chair [chairman] serving as
49-11 chair [chairman] of the precinct committee.
49-12 SECTION 124. Section 172.002(c), Election Code, is amended
49-13 to read as follows:
49-14 (c) For a political party to be entitled to hold a primary
49-15 election under this section, the state chair [chairman], not later
49-16 than one year before general election day, must deliver written
49-17 notice to the secretary of state that the party will hold a primary
49-18 election in the general election year.
49-19 SECTION 125. Sections 172.021(b) and (f), Election Code, are
49-20 amended to read as follows:
49-21 (b) An application must, in addition to complying with
49-22 Section 141.031, be accompanied by the appropriate filing fee or,
49-23 instead of the filing fee, a petition that satisfies the
49-24 requirements prescribed by Section 141.062. A political party may
49-25 not require payment of a fee as a condition to applying for a place
49-26 on the ballot as a candidate for county chair [chairman] or
49-27 precinct chair [chairman].
50-1 (f) A political party's state executive committee by rule
50-2 may require that an application for the office of county chair
50-3 [chairman] be accompanied by a nominating petition containing the
50-4 signatures of at least 10 percent of the incumbent precinct chairs
50-5 [chairmen] serving on the county executive committee.
50-6 SECTION 126. Section 172.022, Election Code, is amended to
50-7 read as follows:
50-8 Sec. 172.022. Authority With Whom Application Filed.
50-9 (a) An application for a place on the general primary election
50-10 ballot must be filed with:
50-11 (1) the state chair [chairman], for an office filled
50-12 by voters of more than one county; or
50-13 (2) the county chair [chairman] or the secretary, if
50-14 any, of the county executive committee, for an office filled by
50-15 voters of a single county.
50-16 (b) Not later than the day before the last day of the filing
50-17 period, the county chair [chairman] shall post on the bulletin
50-18 board used for posting notice of meetings of the commissioners
50-19 court a notice of the address at which the county chair [chairman]
50-20 or secretary will be available to receive applications on the last
50-21 day of the filing period. Section 1.006 does not apply to this
50-22 subsection.
50-23 SECTION 127. Section 172.023(b), Election Code, is amended
50-24 to read as follows:
50-25 (b) An application, other than an application for the office
50-26 of precinct chair [chairman], may not be filed earlier than the
50-27 30th day before the date of the regular filing deadline. An
51-1 application for the office of precinct chair [chairman] may not be
51-2 filed earlier than the 90th day before the date of the regular
51-3 filing deadline.
51-4 SECTION 128. Section 172.027, Election Code, is amended to
51-5 read as follows:
51-6 Sec. 172.027. Statement on Petition. The following
51-7 statement must appear at the top of each page of a petition to be
51-8 filed under Section 172.021: "I know that the purpose of this
51-9 petition is to entitle (insert candidate's name) to have his or her
51-10 name placed on the ballot for the office of (insert office title,
51-11 including any place number or other distinguishing number) for the
51-12 (insert political party's name) primary election. I understand
51-13 that by signing this petition I become ineligible to vote in a
51-14 primary election or participate in a convention of another party,
51-15 including a party not holding a primary election, during the voting
51-16 year in which this primary election is held."
51-17 SECTION 129. Section 172.028, Election Code, is amended to
51-18 read as follows:
51-19 Sec. 172.028. STATE CHAIR'S [CHAIRMAN'S] CERTIFICATION OF
51-20 NAMES FOR PLACEMENT ON GENERAL PRIMARY BALLOT. (a) Except as
51-21 provided by Subsection (c), the state chair [chairman] shall
51-22 certify in writing for placement on the general primary election
51-23 ballot the name of each candidate who files with the chair
51-24 [chairman] an application that complies with Section 172.021(b).
51-25 (b) Not later than the 57th day before general primary
51-26 election day, the state chair [chairman] shall deliver the
51-27 certification to the county chair [chairman] in each county in
52-1 which the candidate's name is to appear on the ballot.
52-2 (c) A candidate's name may not be certified:
52-3 (1) if, before delivering the certification, the state
52-4 chair [chairman] learns that the name is to be omitted from the
52-5 ballot under Section 172.057; or
52-6 (2) for an office for which the candidate's
52-7 application is invalid under Section 141.033.
52-8 (d) A copy of each certification shall be made available on
52-9 request, without charge, to each newspaper published in this state
52-10 and to each licensed radio and television station in this state.
52-11 SECTION 130. Sections 172.029(a) and (c), Election Code, are
52-12 amended to read as follows:
52-13 (a) For each general primary election, the state chair
52-14 [chairman] and each county chair [chairman] shall prepare a list
52-15 containing the name of each candidate who files an application for
52-16 a place on the ballot with the chair [him], as the name is to
52-17 appear on the ballot, and containing the candidate's address as
52-18 shown on the application.
52-19 (c) Not later than the 10th day after the date of the
52-20 regular filing deadline for candidates' applications, the state
52-21 chair [chairman] shall deliver the chair's [his] list to the
52-22 secretary of state, and each county chair [chairman] shall deliver
52-23 a copy of the chair's [his] list to the county clerk, the state
52-24 chair [chairman], and the secretary of state.
52-25 SECTION 131. Sections 172.054(a) and (b), Election Code, are
52-26 amended to read as follows:
52-27 (a) The deadline for filing an application for a place on
53-1 the general primary election ballot is extended as provided by this
53-2 section if a candidate who has made an application that complies
53-3 with the applicable requirements:
53-4 (1) dies on or after the fifth day before the date of
53-5 the regular filing deadline and on or before the 62nd day before
53-6 general primary election day;
53-7 (2) holds the office for which the [his] application
53-8 was made and withdraws or is declared ineligible on or after the
53-9 date of the regular filing deadline and on or before the 62nd day
53-10 before general primary election day; or
53-11 (3) withdraws or is declared ineligible during the
53-12 period prescribed by Subdivision (2), and at the time of the
53-13 withdrawal or declaration of ineligibility no other candidate has
53-14 made an application that complies with the applicable requirements
53-15 for the office sought by the withdrawn or ineligible candidate.
53-16 (b) An application for an office sought by a withdrawn,
53-17 deceased, or ineligible candidate must be filed not later than 6
53-18 p.m. of the 60th day before general primary election day. An
53-19 application filed by mail with the state chair [chairman] is not
53-20 timely if received later than 5 p.m. of the 60th day before general
53-21 primary election day.
53-22 SECTION 132. Sections 172.055(c) and (d), Election Code, are
53-23 amended to read as follows:
53-24 (c) Not later than 24 hours after the candidate withdraws or
53-25 is declared ineligible or after the authority preparing the notice
53-26 learns of the candidate's death, as applicable, the authority shall
53-27 deliver a copy of the notice to:
54-1 (1) at least one daily newspaper published in the
54-2 county or, if none, at least one weekly newspaper published there,
54-3 if any, for a notice prepared by the county chair [chairman];
54-4 (2) at least three daily newspapers that regularly
54-5 maintain a news representative at the State Capitol, for a notice
54-6 applicable to a statewide office; or
54-7 (3) at least one daily newspaper published in each
54-8 county wholly or partly situated in the district or, if none, at
54-9 least one weekly newspaper published there, if any, for a notice
54-10 prepared by the state chair [chairman] for a district office.
54-11 (d) A county or state chair's [chairman's] failure to
54-12 perform a duty prescribed by this section is cause for the
54-13 officer's removal by the executive committee over which the chair
54-14 [he] presides.
54-15 SECTION 133. Section 172.056(b), Election Code, is amended
54-16 to read as follows:
54-17 (b) The list prepared under this section is subject to the
54-18 requirements prescribed by Section 172.029 except that the list
54-19 must be delivered to the secretary of state, county clerk, and
54-20 state chair [chairman], as applicable, not later than the seventh
54-21 day after the date of the extended deadline.
54-22 SECTION 134. Section 172.058(c), Election Code, is amended
54-23 to read as follows:
54-24 (c) In a race in which a runoff is required, if the deceased
54-25 or ineligible candidate received the vote that would entitle the
54-26 candidate [him] to a place on the runoff primary ballot or tied for
54-27 that number of votes, the candidates in the runoff shall be
55-1 determined in the regular manner but without regard to the votes
55-2 received by the deceased or ineligible candidate.
55-3 SECTION 135. Section 172.059(b), Election Code, is amended
55-4 to read as follows:
55-5 (b) A withdrawal request for the runoff primary must be
55-6 filed with the state chair [chairman], for a statewide or district
55-7 office, or with the county chair [chairman], for a county or
55-8 precinct office.
55-9 SECTION 136. Section 172.061, Election Code, is amended to
55-10 read as follows:
55-11 Sec. 172.061. Candidate for Party Office. (a) Except for
55-12 Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter
55-13 applies to a candidate for county chair [chairman] or precinct
55-14 chair [chairman].
55-15 (b) If a runoff candidate for county chair [chairman] or
55-16 precinct chair [chairman] withdraws, the remaining candidate is
55-17 considered to be elected and the runoff election for that office is
55-18 not held.
55-19 SECTION 137. Section 172.081, Election Code, is amended to
55-20 read as follows:
55-21 Sec. 172.081. Primary Committee. (a) Except as provided by
55-22 Subsection (b), a primary committee is established in each county
55-23 having a county executive committee. The primary committee
55-24 consists of:
55-25 (1) the county chair [chairman]; and
55-26 (2) four other members of the county executive
55-27 committee, appointed by the county chair [chairman] subject to the
56-1 executive committee's approval.
56-2 (b) The county executive committee by resolution may provide
56-3 that the primary committee consist of more or fewer than five
56-4 members or that a primary committee not be established. If a
56-5 primary committee is not established, the county chair [chairman]
56-6 shall perform the duties of the primary committee prescribed by
56-7 this chapter unless the county executive committee designates
56-8 another member of the committee for that purpose.
56-9 (c) The county chair [chairman] serves as chair [chairman]
56-10 of the primary committee.
56-11 SECTION 138. Section 172.082(e), Election Code, is amended
56-12 to read as follows:
56-13 (e) The county chair [chairman] shall post notice of the
56-14 date, hour, and place of the drawing for at least 24 consecutive
56-15 hours immediately before the drawing begins. The notice shall be
56-16 posted on the bulletin board used for posting notice of meetings of
56-17 the commissioners court.
56-18 SECTION 139. Section 172.083, Election Code, is amended to
56-19 read as follows:
56-20 Sec. 172.083. Review and Approval of Ballot by Primary
56-21 Committee. Before having the official ballots for a general
56-22 primary election printed, the county chair [chairman] shall submit
56-23 the format for the official ballot to the primary committee for its
56-24 review and approval.
56-25 SECTION 140. Sections 172.084(c) and (d), Election Code, are
56-26 amended to read as follows:
56-27 (c) The primary committee shall conduct the drawing for
57-1 candidates for statewide and district offices at the county seat at
57-2 a time designated by the county chair [chairman].
57-3 (d) The county chair [chairman] shall post notice of the
57-4 date and hour of the drawing for candidates for statewide and
57-5 district offices:
57-6 (1) for at least 24 consecutive hours immediately
57-7 before the drawing begins; and
57-8 (2) not earlier than the day after the date the state
57-9 executive committee convenes to canvass the results of the general
57-10 primary.
57-11 SECTION 141. Section 172.088(d), Election Code, is amended
57-12 to read as follows:
57-13 (d) The petition must be filed with the state chair
57-14 [chairman] of the political party holding the primary to which the
57-15 petition applies before the date of the regular filing deadline for
57-16 candidates' applications for a place on the primary ballot.
57-17 SECTION 142. Section 172.089, Election Code, is amended to
57-18 read as follows:
57-19 Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party
57-20 offices of county chair [chairman] and precinct chair [chairman]
57-21 shall be listed on the primary election ballot after the public
57-22 offices with the office of county chair [chairman] listed first.
57-23 SECTION 143. Section 172.090, Election Code, is amended to
57-24 read as follows:
57-25 Sec. 172.090. SEPARATE BALLOT FOR OFFICE OF PRECINCT CHAIR
57-26 [CHAIRMAN]. (a) In a primary election in which election precincts
57-27 are consolidated, the county executive committee may provide by
58-1 resolution, order, or other official action for voting in a
58-2 consolidated precinct by separate paper ballot for the office of
58-3 precinct chair [chairman].
58-4 (b) The separate paper ballot for precinct chair [chairman]
58-5 must conform to the applicable standards governing regular paper
58-6 ballots, except that the ballot shall be limited to the office of
58-7 precinct chair [chairman].
58-8 (c) The secretary of state shall prescribe the form of the
58-9 ballot for precinct chair [chairman] consistent with this section.
58-10 SECTION 144. Section 172.1112(a), Election Code, is amended
58-11 to read as follows:
58-12 (a) The county chair [chairman] shall post a notice of the
58-13 election and a notice of consolidated precincts, if applicable, in
58-14 the manner prescribed by Section 4.003(b) for general and special
58-15 elections. The notice of the election shall be posted on the
58-16 bulletin board used for posting notice of meetings of the
58-17 commissioners court.
58-18 SECTION 145. Section 172.112, Election Code, is amended to
58-19 read as follows:
58-20 Sec. 172.112. Write-In Voting. Write-in voting in a primary
58-21 election is not permitted except in the general primary election
58-22 for the offices of county chair [chairman] and precinct chair
58-23 [chairman].
58-24 SECTION 146. Sections 172.113(a)-(e), Election Code, are
58-25 amended to read as follows:
58-26 (a) The county chair [chairman] shall prepare the unofficial
58-27 tabulation of precinct results.
59-1 (b) When the general custodian of election records for the
59-2 primary opens the precinct election records from the various
59-3 polling places, the custodian [he] shall deliver the precinct
59-4 returns to the county chair [chairman] for the purpose of preparing
59-5 the unofficial tabulation.
59-6 (c) When the county chair [chairman] receives precinct
59-7 returns from the general custodian, the county chair [chairman]
59-8 shall enter the appropriate information on the unofficial
59-9 tabulation and immediately return the precinct returns to the
59-10 custodian.
59-11 (d) The county chair [chairman] shall make the periodic
59-12 announcements of the current state of the tabulation.
59-13 (e) On completing the tabulation, the county chair
59-14 [chairman] shall deliver it to the general custodian.
59-15 SECTION 147. Sections 172.116(b) and (e), Election Code, are
59-16 amended to read as follows:
59-17 (b) The committee shall convene to conduct the local canvass
59-18 at the county seat not earlier than 6 p.m. on the first Thursday or
59-19 later than 1 p.m. on the first Friday after election day at the
59-20 hour specified by the county chair [chairman].
59-21 (e) Not later than the 20th day after the date the local
59-22 canvass is completed, the county chair [chairman] shall deliver the
59-23 committee's tabulation to the general custodian of election
59-24 records, who shall preserve it for the period for preserving the
59-25 precinct election records.
59-26 SECTION 148. Section 172.117, Election Code, is amended to
59-27 read as follows:
60-1 Sec. 172.117. Certification of Nominees for County and
60-2 Precinct Offices for Placement on General Election Ballot.
60-3 (a) The county chair [chairman] shall certify in writing for
60-4 placement on the general election ballot the name and address of
60-5 each primary candidate who is nominated for a county or precinct
60-6 office.
60-7 (b) Not later than the 20th day after the date the local
60-8 canvass is completed, the county chair [chairman] shall deliver the
60-9 certification to the authority responsible for having the official
60-10 general election ballot prepared.
60-11 (c) A candidate's name may not be certified if, before
60-12 delivering the certification, the county chair [chairman] learns
60-13 that the name is to be omitted from the ballot under Section
60-14 145.035.
60-15 SECTION 149. Sections 172.118(a), (b), and (d), Election
60-16 Code, are amended to read as follows:
60-17 (a) Not later than the 20th day after the date the local
60-18 canvass is completed, the county chair [chairman] shall deliver
60-19 written notice to the state chair [chairman] and to the county
60-20 clerk of the names of the persons elected as county chair
60-21 [chairman] and precinct chairs [chairmen] for the county.
60-22 (b) The notice must include each party officer's address and
60-23 each precinct chair's [chairman's] precinct number.
60-24 (d) On request of the secretary of state, the state chair
60-25 [chairman] shall deliver to the secretary written notice of the
60-26 names and addresses of the party's county chairs [chairmen].
60-27 SECTION 150. Section 172.119, Election Code, is amended to
61-1 read as follows:
61-2 Sec. 172.119. County Election Returns. (a) The county
61-3 chair [chairman] shall prepare county election returns for the
61-4 statewide and district offices voted on in a primary election in
61-5 the same manner as the county returns for a general election are
61-6 prepared by the county clerk except that separate returns for the
61-7 offices of governor and lieutenant governor are not prepared.
61-8 (b) The county chair [chairman] shall deliver the county
61-9 returns and retain a copy in the same manner as the county returns
61-10 for a general election are delivered and retained by the county
61-11 clerk except that the delivery shall be made to the state chair
61-12 [chairman].
61-13 SECTION 151. Sections 172.120(b) and (f), Election Code, are
61-14 amended to read as follows:
61-15 (b) The state executive committee shall convene to conduct
61-16 the state canvass for the general primary election on the second
61-17 Wednesday after general primary election day. Not later than the
61-18 second Saturday after runoff primary election day, the committee
61-19 shall convene at the call of the state chair [chairman] to conduct
61-20 the state canvass of the runoff primary election.
61-21 (f) Not later than the 20th day after the date the state
61-22 canvass is completed, the state chair [chairman] shall deliver the
61-23 committee's tabulation to the secretary of state, who shall
61-24 preserve it for the period for preserving the precinct election
61-25 records.
61-26 SECTION 152. Section 172.121, Election Code, is amended to
61-27 read as follows:
62-1 Sec. 172.121. Certification of Candidates for Statewide and
62-2 District Offices for Placement on Runoff Ballot. (a) The state
62-3 chair [chairman] shall certify in writing for placement on the
62-4 runoff primary election ballot the name of each general primary
62-5 candidate for a statewide or district office who is to be a
62-6 candidate in the runoff.
62-7 (b) The state chair [chairman] shall deliver the
62-8 certification to the county chair [chairman] in each affected
62-9 county as soon as practicable after the state canvass of the
62-10 general primary election is completed.
62-11 SECTION 153. Section 172.122, Election Code, is amended to
62-12 read as follows:
62-13 Sec. 172.122. Certification of Nominees for Statewide and
62-14 District Offices to Secretary of State. (a) The state chair
62-15 [chairman] shall certify in writing as the party's nominee the name
62-16 and address of each primary candidate who is nominated for a
62-17 statewide or district office.
62-18 (b) Not later than the 20th day after the date the state
62-19 canvass is completed, the state chair [chairman] shall deliver the
62-20 certification to the secretary of state.
62-21 SECTION 154. Sections 172.124(a) and (b), Election Code, are
62-22 amended to read as follows:
62-23 (a) For each primary election, the county chair [chairman]
62-24 shall prepare a report of the number of votes, including early
62-25 voting votes, received in each county election precinct by each
62-26 candidate for a statewide office or the office of United States
62-27 representative, state senator, or state representative, as provided
63-1 by Section 67.017 for the report of precinct results for a general
63-2 election.
63-3 (b) The county chair [chairman] shall deliver the report to
63-4 the secretary of state not later than the 30th day after primary
63-5 election day.
63-6 SECTION 155. Section 173.004, Election Code, is amended to
63-7 read as follows:
63-8 Sec. 173.004. STATE COMPENSATION OF COUNTY CHAIR [CHAIRMAN]
63-9 AND SECRETARY OF COUNTY EXECUTIVE COMMITTEE. (a) The total amount
63-10 paid with state funds in a particular primary election year for the
63-11 combined compensation of a county chair [chairman] and the
63-12 secretary, if any, of the county executive committee presided over
63-13 by the chair [chairman] may not be:
63-14 (1) less than $300; or
63-15 (2) more than the lesser of
63-16 (A) $8,000; or
63-17 (B) five percent of the total expenses incurred
63-18 by the political party in holding primary elections in the county
63-19 that year, exclusive of the combined annual compensation of the
63-20 county chair [chairman] and secretary.
63-21 (b) The status of a county executive committee's secretary
63-22 as a committee member does not affect the applicability of this
63-23 section.
63-24 SECTION 156. Section 173.008(b), Election Code, is amended
63-25 to read as follows:
63-26 (b) The secretary of state may limit the total state
63-27 compensation payable to persons employed to assist a county chair
64-1 [chairman] in connection with a primary election.
64-2 SECTION 157. Section 173.010, Election Code, is amended to
64-3 read as follows:
64-4 Sec. 173.010. Furnishing Rules. During November preceding
64-5 each primary election year, the secretary of state shall deliver to
64-6 the state chair [chairman] and each county chair [chairman] of each
64-7 political party holding a primary election a current set of the
64-8 rules adopted under this subchapter. If a rule or amendment of a
64-9 rule is adopted after delivery of the set, the secretary shall
64-10 deliver a copy of the rule or amendment not later than the 10th day
64-11 after the date of its adoption.
64-12 SECTION 158. Section 173.031(b), Election Code, is amended
64-13 to read as follows:
64-14 (b) The county primary fund consists of:
64-15 (1) the filing fees required to be deposited in the
64-16 fund under Subchapter C;
64-17 (2) the state funds paid to the county chair
64-18 [chairman] under Subchapter D;
64-19 (3) the contributions to the county executive
64-20 committee for the purpose of defraying primary election expenses;
64-21 and
64-22 (4) the income earned by the fund.
64-23 SECTION 159. Section 173.032(b), Election Code, is amended
64-24 to read as follows:
64-25 (b) The state primary fund consists of:
64-26 (1) the filing fees required to be deposited in the
64-27 fund under Subchapter C;
65-1 (2) the state funds paid to the state chair [chairman]
65-2 under Subchapter D;
65-3 (3) the contributions to the state executive committee
65-4 for the purpose of defraying primary election expenses; and
65-5 (4) the income earned by the fund.
65-6 SECTION 160. Sections 173.033(a) and (b), Election Code, are
65-7 amended to read as follows:
65-8 (a) The county primary fund shall be used to pay expenses
65-9 incurred by the county chair [chairman] or county executive
65-10 committee in connection with a primary election.
65-11 (b) The state primary fund shall be used to pay expenses
65-12 incurred by the state chair [chairman] or state executive committee
65-13 in connection with a primary election.
65-14 SECTION 161. Sections 173.036(a) and (b), Election Code, are
65-15 amended to read as follows:
65-16 (a) The secretary of state may approve an expenditure of
65-17 state funds for an audit of the state primary fund on request of
65-18 the state chair [chairman] or a county primary fund on request of a
65-19 county chair [chairman].
65-20 (b) On receipt of written certification of the amount
65-21 approved by the secretary of state for an audit, the comptroller of
65-22 public accounts shall issue a warrant for that amount payable to
65-23 the state or county chair [chairman] making the request.
65-24 SECTION 162. Section 173.061, Election Code, is amended to
65-25 read as follows:
65-26 Sec. 173.061. FEE PAID TO COUNTY CHAIR [CHAIRMAN]. The
65-27 county chair [chairman] shall deposit in the county primary fund
66-1 each filing fee accompanying an application for a place on the
66-2 ballot filed with the county chair [chairman].
66-3 SECTION 163. Section 173.062, Election Code, is amended to
66-4 read as follows:
66-5 Sec. 173.062. FEE PAID TO STATE CHAIR [CHAIRMAN] ALLOCATED
66-6 AMONG COUNTY COMMITTEES. (a) The state chair [chairman] shall
66-7 allocate the filing fee for a district office accompanying an
66-8 application for a place on the ballot filed with the state chair
66-9 [chairman] during the regular filing period among the county
66-10 executive committees serving the counties comprising the district.
66-11 (b) Each committee's allocation is equal to the quotient
66-12 obtained by dividing the amount of the filing fee by the number of
66-13 counties wholly or partly in the district.
66-14 (c) The state chair [chairman] shall deliver each
66-15 committee's allocation to the county chair [chairman] not later
66-16 than the 10th day after the date of the regular filing deadline.
66-17 (d) On receipt of the allocation, the county chair
66-18 [chairman] shall deposit it in the county primary fund.
66-19 SECTION 164. Section 173.063, Election Code, is amended to
66-20 read as follows:
66-21 Sec. 173.063. FEE RETAINED BY STATE CHAIR [CHAIRMAN]. The
66-22 state chair [chairman] shall deposit in the state primary fund each
66-23 filing fee accompanying an application for a place on the ballot
66-24 filed with the state chair [chairman]:
66-25 (1) for a statewide office; or
66-26 (2) for a district office if the application is filed
66-27 after the regular filing deadline.
67-1 SECTION 165. Section 173.064, Election Code, is amended to
67-2 read as follows:
67-3 Sec. 173.064. REPORT OF FEES BY STATE CHAIR [CHAIRMAN].
67-4 (a) The state chair [chairman] shall prepare a report of the
67-5 filing fees accompanying applications for a place on the ballot
67-6 filed with the state chair [chairman] during the regular filing
67-7 period.
67-8 (b) The report must include, for each office for which an
67-9 application is filed, the total number of applications and the
67-10 total amount of filing fees paid.
67-11 (c) The state chair [chairman] shall deliver the report to
67-12 the secretary of state not later than the 10th day after the date
67-13 of the regular filing deadline.
67-14 SECTION 166. Sections 173.081(a), (c), and (f), Election
67-15 Code, are amended to read as follows:
67-16 (a) Regardless of whether state funds are requested for
67-17 paying primary expenses, a written statement of estimated expenses
67-18 to be incurred in connection with a primary election shall be
67-19 submitted to the secretary of state by:
67-20 (1) the county chair [chairman], for expenses of the
67-21 county chair [chairman] or county executive committee; or
67-22 (2) the state chair [chairman], for expenses of the
67-23 state chair [chairman] or state executive committee.
67-24 (c) A statement for a general primary election must also:
67-25 (1) state the amount of:
67-26 (A) the primary candidates' filing fees required
67-27 to be deposited in the county primary fund if the statement is
68-1 submitted by a county chair [chairman], or in the state primary
68-2 fund if the statement is submitted by the state chair [chairman],
68-3 that have been received by the authority submitting the statement;
68-4 and
68-5 (B) the contributions to the county executive
68-6 committee if the statement is submitted by a county chair
68-7 [chairman], or to the state executive committee if the statement is
68-8 submitted by the state chair [chairman], that:
68-9 (i) are for the purpose of defraying
68-10 primary election expenses; and
68-11 (ii) have not been included in a report
68-12 filed under Section 173.084 for a previous primary election year;
68-13 and
68-14 (2) be submitted not later than the 45th day before
68-15 general primary election day.
68-16 (f) A statement submitted by a county chair [chairman] must
68-17 also include a notice of the county election precincts to be
68-18 consolidated for the election, if any.
68-19 SECTION 167. Section 173.082(e), Election Code, is amended
68-20 to read as follows:
68-21 (e) Expenses incurred in connection with an application for
68-22 a place on the ballot for the office of precinct chair [chairman]
68-23 filed before the 30th day before the date of the regular filing
68-24 deadline may not be paid with state funds.
68-25 SECTION 168. Sections 173.083(c)-(e), Election Code, are
68-26 amended to read as follows:
68-27 (c) After determining the amount of estimated primary
69-1 expenses to approve under Section 173.082 for a general or runoff
69-2 primary, the secretary of state shall calculate the amount of the
69-3 installment payable under Subsection (b)(1) or (2), as applicable.
69-4 The secretary shall then prepare and deliver to the comptroller of
69-5 public accounts a certified statement indicating the amount of the
69-6 installment, the total amount of estimated general or runoff
69-7 primary expenses payable with state funds, and the name of the
69-8 county or state chair [chairman] who submitted the statement of
69-9 estimated primary election expenses.
69-10 (d) The final installment may not be paid until a report is
69-11 filed in compliance with Section 173.084 and, in the case of a
69-12 county chair [chairman], a report is also filed in compliance with
69-13 Section 172.124. On the filing of the report, the secretary of
69-14 state shall calculate the amount of the final installment and
69-15 prepare and deliver to the comptroller of public accounts a
69-16 certified statement indicating that amount and the appropriate
69-17 county or state chair's [chairman's] name.
69-18 (e) On receipt of a certified statement under Subsection (c)
69-19 or (d), the comptroller of public accounts shall issue a warrant in
69-20 the certified amount of the installment payable to the county or
69-21 state chair [chairman] identified by the statement.
69-22 SECTION 169. Section 173.0831, Election Code, is amended to
69-23 read as follows:
69-24 Sec. 173.0831. State Payment of Start-Up Primary Funds.
69-25 (a) Not later than the 30th day before the beginning date of the
69-26 regular filing period for public offices in the general primary
69-27 election, a county chair [chairman] may submit to the secretary of
70-1 state a written statement of estimated primary election expenses.
70-2 (b) Not later than the 10th day after the date the statement
70-3 is received, the secretary of state shall have disbursed to the
70-4 county chair [chairman] start-up funds in an amount equal to 10
70-5 percent of the amount approved for and expended by the county chair
70-6 [chairman] and executive committee in the preceding general primary
70-7 election.
70-8 SECTION 170. Sections 173.084(a), (b), and (d), Election
70-9 Code, are amended to read as follows:
70-10 (a) Regardless of whether state funds are requested for
70-11 paying primary expenses, each county chair [chairman] and state
70-12 chair [chairman] shall prepare a report that includes:
70-13 (1) an itemized list of the actual expenses incurred
70-14 in connection with the general and runoff primaries by the
70-15 authority preparing the report and by the executive committee over
70-16 which the authority presides;
70-17 (2) the amount of the primary candidates' filing fees
70-18 required to be deposited in the county primary fund if the report
70-19 is by a county chair [chairman], or in the state primary fund if
70-20 the report is by the state chair [chairman];
70-21 (3) the amount of filing fees that have been refunded;
70-22 (4) the amount of the contributions to the executive
70-23 committee over which the authority preparing the report presides
70-24 that:
70-25 (A) are for the purpose of defraying primary
70-26 election expenses; and
70-27 (B) have not been included in a report filed
71-1 under this section for a previous primary election year; and
71-2 (5) the balance in the county primary fund if the
71-3 report is by a county chair [chairman], or in the state primary
71-4 fund if the report is by the state chair [chairman], that remains
71-5 after deducting the primary election expenses actually incurred and
71-6 the refunded filing fees.
71-7 (b) The authority preparing the report shall file it with
71-8 the secretary of state not later than the 30th day after runoff
71-9 primary election day or not later than the 30th day after general
71-10 primary election day if no runoff primary is held in the county, in
71-11 the case of the county chair's [chairman's] report, or if no runoff
71-12 primary is held for a statewide or district office, in the case of
71-13 the state chair's [chairman's] report. The secretary for good
71-14 cause may extend the filing deadline.
71-15 (d) Any compensation claimed under Section 173.004 may be
71-16 forfeited on the failure of a county chair [chairman] to file a
71-17 timely report.
71-18 SECTION 171. Section 173.085(b), Election Code, is amended
71-19 to read as follows:
71-20 (b) To obtain state compensation for an excess expense, the
71-21 county chair [chairman] or state chair [chairman], as applicable,
71-22 must include in the report required by Section 173.084:
71-23 (1) an identification of the item for which the excess
71-24 expense was incurred;
71-25 (2) the amount of the excess; and
71-26 (3) an explanation of the reason for exceeding the
71-27 estimate.
72-1 SECTION 172. Section 173.0851(a), Election Code, is amended
72-2 to read as follows:
72-3 (a) Any surplus remaining in a primary fund shall be
72-4 remitted to the secretary of state immediately after the final
72-5 payment from the fund of the necessary expenses for holding the
72-6 primary elections for that year, but not later than July 1
72-7 following the applicable primary election. The surplus in a
72-8 primary fund shall be remitted regardless of whether state funds
72-9 were requested by the chair [chairman].
72-10 SECTION 173. Section 173.087, Election Code, is amended to
72-11 read as follows:
72-12 Sec. 173.087. LIABILITY OF COUNTY CHAIR [CHAIRMAN] AND
72-13 COUNTY EXECUTIVE COMMITTEE. The county executive committee is not
72-14 liable for the debts incurred by the committee or the county chair
72-15 [chairman] in connection with a primary election that are unpaid
72-16 because the legislative appropriation is insufficient. The county
72-17 chair [chairman] or any other member of the county executive
72-18 committee is not personally liable for those debts.
72-19 SECTION 174. Section 173.088, Election Code, is amended to
72-20 read as follows:
72-21 Sec. 173.088. Availability of Guidelines. The secretary of
72-22 state shall make available to each county and state chair
72-23 [chairman], for use in preparing statements and reports under this
72-24 chapter, any guidelines the secretary prescribes for determining
72-25 the necessity of primary election expenses.
72-26 SECTION 175. Section 174.003, Election Code, is amended to
72-27 read as follows:
73-1 Sec. 174.003. Delegate to be Qualified Voter. In addition
73-2 to the requirement of party affiliation, to be eligible to serve as
73-3 a delegate to a county, senatorial district, or state convention
73-4 held under this chapter, a person must be a qualified voter of the
73-5 territory that the person [he] is selected to represent or a
73-6 resident of that territory who is eligible to vote a limited
73-7 ballot.
73-8 SECTION 176. Section 174.022(b), Election Code, is amended
73-9 to read as follows:
73-10 (b) Not later than the date of the regular drawing for
73-11 position on the general primary election ballot, the county
73-12 executive committee shall set the hour and place for convening each
73-13 precinct convention for the precincts served by the committee. If
73-14 the county executive committee fails to do so, the county chair
73-15 [chairman] shall set the hour and place.
73-16 SECTION 177. Section 174.023, Election Code, is amended to
73-17 read as follows:
73-18 Sec. 174.023. Notice of Hour and Place. (a) The county
73-19 chair [chairman] shall post a notice of the hour and place for
73-20 convening each precinct convention on the bulletin board used for
73-21 posting notice of meetings of the commissioners court. The notice
73-22 must remain posted continuously for the 10 days immediately
73-23 preceding the date of the convention.
73-24 (b) Not later than the 10th day before the date of the
73-25 precinct conventions, the county chair [chairman] shall deliver to
73-26 the county clerk written notice of the hour and place for convening
73-27 each precinct convention.
74-1 (c) If the county chair [chairman] fails to post or deliver
74-2 notice in accordance with this section, another member of the
74-3 county executive committee may post or deliver the notice.
74-4 SECTION 178. Section 174.025, Election Code, is amended to
74-5 read as follows:
74-6 Sec. 174.025. Organizing the Convention. (a) The precinct
74-7 chair [chairman] is the temporary chair [chairman] of the precinct
74-8 convention held under this subchapter.
74-9 (b) If the precinct chair [chairman] is absent, a person who
74-10 is eligible to participate in the convention may act as temporary
74-11 chair [chairman].
74-12 (c) Before conducting business, the temporary chair
74-13 [chairman] shall prepare a list containing the name and residence
74-14 address of each person who is admitted to participate in the
74-15 convention.
74-16 (d) The temporary chair [chairman] shall call the convention
74-17 to order.
74-18 (e) The convention shall select a convention chair
74-19 [chairman] and a convention secretary. The convention may select
74-20 any other officers considered necessary to conduct the convention's
74-21 business.
74-22 SECTION 179. Sections 174.027(a)-(e), Election Code, are
74-23 amended to read as follows:
74-24 (a) The convention chair [chairman] shall prepare, sign, and
74-25 make a copy of a list of the names and residence addresses of the
74-26 delegates and any alternates selected by the convention.
74-27 (b) The convention chair [chairman] shall sign and make a
75-1 copy of the list of precinct convention participants required by
75-2 Section 174.025(c).
75-3 (c) The convention chair [chairman] shall deliver the
75-4 originals and copies of the lists to the county chair [chairman]
75-5 not later than the third day after the date of the precinct
75-6 convention, except that if delivered by mail, they shall be
75-7 deposited in the mail not later than the second day after the date
75-8 of the precinct convention.
75-9 (d) The county chair [chairman] shall retain the copies of
75-10 the lists until the end of the voting year in which they are
75-11 received.
75-12 (e) If senatorial district conventions will be held in the
75-13 county, the county chair [chairman] shall deliver the originals of
75-14 the lists to the temporary chairs [chairmen] of the senatorial
75-15 district conventions before the conventions convene.
75-16 SECTION 180. Section 174.063(c), Election Code, is amended
75-17 to read as follows:
75-18 (c) The hour and place for the convening of a senatorial
75-19 district convention shall be set in the same manner as for the
75-20 precinct conventions held under this chapter, except that only
75-21 those members of the county executive committee who are the
75-22 precinct chairs [chairmen] for the precincts in the territory
75-23 represented at the senatorial district convention may participate
75-24 in setting the convention's hour and place, and if they fail to do
75-25 so, the temporary chair [chairman] of the senatorial district
75-26 convention shall set the hour and place.
75-27 SECTION 181. Sections 174.064(c) and (d), Election Code, are
76-1 amended to read as follows:
76-2 (c) The county chair [chairman] shall post and deliver the
76-3 notice of a county convention. The temporary chair [chairman] of a
76-4 senatorial district convention shall post and deliver the notice of
76-5 the senatorial district convention.
76-6 (d) If the county chair [chairman] fails to post or deliver
76-7 notice in accordance with this section, another member of the
76-8 county executive committee may post or deliver the notice. If the
76-9 temporary chair [chairman] of a senatorial district convention
76-10 fails to post or deliver notice in accordance with this section,
76-11 another member of the county executive committee who may
76-12 participate in setting the convention's hour and place may post or
76-13 deliver the notice.
76-14 SECTION 182. Section 174.065, Election Code, is amended to
76-15 read as follows:
76-16 Sec. 174.065. Organizing the Convention. (a) The county
76-17 chair [chairman] is the temporary chair [chairman] of a county
76-18 convention held under this subchapter. If a senatorial district is
76-19 situated in more than one county, the senatorial district executive
76-20 committee member [committeeman] from each county is the temporary
76-21 chair [chairman] of the senatorial district convention held in the
76-22 territory that the committee member [he] represents. If a
76-23 senatorial district is not situated in more than one county, the
76-24 chair [chairman] of the district executive committee is the
76-25 temporary chair [chairman] of the senatorial district convention.
76-26 (b) If the person designated as temporary chair [chairman]
76-27 by Subsection (a) is absent, a delegate to the convention may act
77-1 as temporary chair [chairman].
77-2 (c) The temporary chair [chairman] shall call the convention
77-3 to order and deliver the lists of delegates prepared under Section
77-4 174.027 to the convention.
77-5 (d) The convention shall select a convention chair
77-6 [chairman] and a convention secretary from among the delegates
77-7 present. The convention may select any other officers considered
77-8 necessary to conduct the convention's business.
77-9 SECTION 183. Section 174.069, Election Code, is amended to
77-10 read as follows:
77-11 Sec. 174.069. Record of Delegates. (a) The chair
77-12 [chairman] of a county or senatorial district convention shall
77-13 prepare and sign a list of the names and residence addresses of the
77-14 delegates and any alternate delegates to the state convention
77-15 selected by the convention.
77-16 (b) The convention chair [chairman] shall deliver the list
77-17 to the state chair [chairman] not later than the fifth day after
77-18 the date the convention adjourns.
77-19 SECTION 184. Section 174.092(b), Election Code, is amended
77-20 to read as follows:
77-21 (b) Not later than the date the state chair [chairman]
77-22 delivers to the county chairs [chairmen] the certification of names
77-23 for placement on the general primary election ballot, the state
77-24 executive committee shall set the date, hour, and place for
77-25 convening the state convention.
77-26 SECTION 185. Section 174.093, Election Code, is amended to
77-27 read as follows:
78-1 Sec. 174.093. Notice of Time and Place. Before the date of
78-2 the party's precinct conventions held under this chapter, the state
78-3 chair [chairman] shall deliver written notice of the date, hour,
78-4 and place for convening the biennial state convention to the
78-5 secretary of state, each county chair [chairman], and each
78-6 temporary chair [chairman] of a senatorial district convention.
78-7 SECTION 186. Section 174.094, Election Code, is amended to
78-8 read as follows:
78-9 Sec. 174.094. Organizing the Convention. (a) The state
78-10 chair [chairman] is the temporary chair [chairman] of the biennial
78-11 state convention.
78-12 (b) The temporary chair [chairman] shall call the convention
78-13 to order.
78-14 (c) The temporary chair [chairman] shall prepare a list of
78-15 the names and residence addresses of the delegates and any
78-16 alternate delegates to the convention and shall deliver the list to
78-17 the convention.
78-18 (d) The convention shall select a convention chair
78-19 [chairman] and a convention secretary. The convention may select
78-20 any other officers considered necessary to conduct the convention's
78-21 business.
78-22 SECTION 187. Section 174.097, Election Code, is amended to
78-23 read as follows:
78-24 Sec. 174.097. Attendance by Public Officers. A nominee for
78-25 or holder of an office of the state or federal government is
78-26 entitled to attend a state convention of the nominee's or
78-27 officeholder's [his] party but may not vote in the convention
79-1 unless serving as a delegate.
79-2 SECTION 188. Section 181.004, Election Code, is amended to
79-3 read as follows:
79-4 Sec. 181.004. Party Organization. (a) A political party
79-5 making nominations under this chapter shall:
79-6 (1) establish a state executive committee;
79-7 (2) establish a county executive committee for each
79-8 county in which the party will hold a county convention; and
79-9 (3) select a precinct chair [chairman] for each
79-10 election precinct in which the party will hold a precinct
79-11 convention.
79-12 (b) The party shall provide by rule for the selection of a
79-13 chair [chairman] of the state executive committee and each county
79-14 executive committee.
79-15 SECTION 189. Sections 181.006(b), (e), and (h), Election
79-16 Code, are amended to read as follows:
79-17 (b) A petition must:
79-18 (1) satisfy the requirements prescribed by Section
79-19 141.062 for a candidate's petition;
79-20 (2) contain signatures in a number that, when added to
79-21 the number of convention participants indicated on the lists,
79-22 equals at least one percent of the total number of votes received
79-23 by all candidates for governor in the most recent gubernatorial
79-24 general election; and
79-25 (3) be filed with the secretary of state by the state
79-26 chair [chairman] before the deadline for filing the lists of
79-27 precinct convention participants.
80-1 (e) A copy of a request for the withdrawal of a signature
80-2 must be delivered to the state chair [chairman] at the time the
80-3 withdrawal request is filed.
80-4 (h) A signature is invalid if the person signed the petition
80-5 subsequent to [his] signing a petition to qualify another political
80-6 party to have the names of its nominees placed on the ballot for
80-7 the same election, whether the other party is circulating the
80-8 petition under this chapter or under Chapter 182.
80-9 SECTION 190. Section 181.032(a), Election Code, is amended
80-10 to read as follows:
80-11 (a) An application for nomination by a convention must be
80-12 filed with:
80-13 (1) the state chair [chairman], for a statewide or
80-14 district office; or
80-15 (2) the county chair [chairman], for a county or
80-16 precinct office.
80-17 SECTION 191. Section 181.034(a), Election Code, is amended
80-18 to read as follows:
80-19 (a) A political party shall provide by rule for transmitting
80-20 information regarding applications for nomination to the chair
80-21 [chairman] of the appropriate convention.
80-22 SECTION 192. Section 181.066, Election Code, is amended to
80-23 read as follows:
80-24 Sec. 181.066. Organizing Precinct Convention. (a) The
80-25 precinct chair [chairman] is the temporary chair [chairman] of a
80-26 precinct convention held under this chapter.
80-27 (b) Before conducting business, the temporary chair
81-1 [chairman] shall prepare a list containing the name and residence
81-2 address of each person who is admitted to participate in the
81-3 convention.
81-4 (c) The temporary chair [chairman] shall call the convention
81-5 to order.
81-6 (d) The convention shall select a convention chair
81-7 [chairman]. The convention may select any other officers
81-8 considered necessary to conduct the convention's business.
81-9 SECTION 193. Section 181.067, Election Code, is amended to
81-10 read as follows:
81-11 Sec. 181.067. Delivery of List of Precinct Convention
81-12 Participants. (a) The chair [chairman] of a precinct convention
81-13 shall sign and make a copy of the list of precinct convention
81-14 participants required by Section 181.066(b).
81-15 (b) The convention chair [chairman] shall deliver the
81-16 original and copy to the county chair [chairman] not later than the
81-17 third day after the date of the precinct convention, except that if
81-18 delivered by mail they shall be deposited in the mail not later
81-19 than the second day after the date of the precinct convention.
81-20 (c) If the party is required to nominate by convention, the
81-21 convention chair [chairman] shall make an additional copy of the
81-22 list and deliver it to the state chair [chairman] not later than
81-23 the third day after the date of the precinct convention.
81-24 SECTION 194. Section 182.002, Election Code, is amended to
81-25 read as follows:
81-26 Sec. 182.002. Party Organization. A political party making
81-27 nominations under this chapter shall:
82-1 (1) establish a county executive committee for each
82-2 county in which the party will hold a county convention;
82-3 (2) select a chair [chairman] for each county
82-4 executive committee; and
82-5 (3) select a precinct chair [chairman] for each
82-6 election precinct in which the party will hold a precinct
82-7 convention.
82-8 SECTION 195. Sections 182.004(b) and (e), Election Code, are
82-9 amended to read as follows:
82-10 (b) A petition must:
82-11 (1) satisfy the requirements prescribed by Section
82-12 141.062 for a candidate's petition;
82-13 (2) contain signatures in a number that, when added to
82-14 the number of convention participants indicated on the lists,
82-15 equals at least three percent of the total number of votes received
82-16 in the county by all candidates for governor in the most recent
82-17 gubernatorial general election; and
82-18 (3) be filed with the county clerk by the county chair
82-19 [chairman] before the deadline for filing the lists of precinct
82-20 convention participants.
82-21 (e) A copy of a request for the withdrawal of a signature
82-22 must be delivered to the county chair [chairman] when the
82-23 withdrawal request is filed.
82-24 SECTION 196. Section 182.007, Election Code, is amended to
82-25 read as follows:
82-26 Sec. 182.007. Party's Certification of Nominees. (a) The
82-27 county chair [chairman] shall certify in writing for placement on
83-1 the general election ballot the name and address of each of the
83-2 political party's nominees.
83-3 (b) Not later than the 20th day after the date of the county
83-4 convention, the county chair [chairman] shall deliver the
83-5 certification to the authority responsible for having the official
83-6 general election ballot prepared in the county.
83-7 (c) The county chair [chairman] may not certify a
83-8 candidate's name if, before delivering the certification, the
83-9 county chair [chairman] learns that the name is to be omitted from
83-10 the ballot under Section 145.035.
83-11 SECTION 197. Section 191.002(c), Election Code, is amended
83-12 to read as follows:
83-13 (c) A person may not sign petitions supporting more than one
83-14 presidential candidate in the same primary, and, if a person does
83-15 so, the person's signature is void as to all petitions the person
83-16 [he] signs.
83-17 SECTION 198. Section 191.003, Election Code, is amended to
83-18 read as follows:
83-19 Sec. 191.003. Notice of Candidates to Secretary of State.
83-20 The state chair [chairman] of each political party holding a
83-21 presidential primary election shall certify the name of each
83-22 presidential candidate who qualifies for a place on the
83-23 presidential primary election ballot and deliver the certification
83-24 to the secretary of state not later than the 57th day before
83-25 presidential primary election day.
83-26 SECTION 199. Section 191.031(c), Election Code, is amended
83-27 to read as follows:
84-1 (c) Before the date of the party's precinct conventions, the
84-2 party's state chair [chairman] shall deliver written notice of the
84-3 date, hour, and place for the state convention to:
84-4 (1) the secretary of state;
84-5 (2) each county chair [chairman] of the party; and
84-6 (3) the temporary chair [chairman] of each senatorial
84-7 district convention of the party.
84-8 SECTION 200. Sections 192.004(a) and (d), Election Code, are
84-9 amended to read as follows:
84-10 (a) An elector candidate may withdraw from the presidential
84-11 election before presidential election day, by delivering written
84-12 notice of the withdrawal to:
84-13 (1) the secretary of state; and
84-14 (2) the state chair [chairman] of the party that
84-15 nominated the elector candidate or to the independent or write-in
84-16 candidate for president who named the elector candidate.
84-17 (d) If a political party's rules do not provide the manner
84-18 of choosing a replacement elector candidate, the party's state
84-19 executive committee may choose the replacement candidate. The
84-20 state chair [chairman] of a political party naming a replacement
84-21 elector candidate must file with the secretary of state, before
84-22 presidential election day, the name and residence address of the
84-23 replacement candidate.
84-24 SECTION 201. Section 192.006(b), Election Code, is amended
84-25 to read as follows:
84-26 (b) The secretary of state shall arrange for the meeting
84-27 place, notify the electors, and call the meeting to order. The
85-1 secretary shall act as temporary chair [chairman] of the meeting
85-2 until the electors elect a chair [chairman] from among themselves.
85-3 SECTION 202. Section 192.007(b), Election Code, is amended
85-4 to read as follows:
85-5 (b) The chair [chairman] of the electors shall notify the
85-6 secretary of state of the name and residence address of a
85-7 replacement elector immediately on the replacement's appointment.
85-8 SECTION 203. Section 192.031, Election Code, is amended to
85-9 read as follows:
85-10 Sec. 192.031. Party Candidate's Entitlement to Place on
85-11 Ballot. A political party is entitled to have the names of its
85-12 nominees for president and vice-president of the United States
85-13 placed on the ballot in a presidential general election if:
85-14 (1) the nominees possess the qualifications for those
85-15 offices prescribed by federal law;
85-16 (2) before 5 p.m. of the 60th day before presidential
85-17 election day, the party's state chair [chairman] signs and delivers
85-18 to the secretary of state a written certification of:
85-19 (A) the names of the party's nominees for
85-20 president and vice-president; and
85-21 (B) the names and residence addresses of
85-22 presidential elector candidates nominated by the party, in a number
85-23 equal to the number of presidential electors that federal law
85-24 allocates to this state; and
85-25 (3) the party is:
85-26 (A) required or authorized by Subchapter A of
85-27 Chapter 172 to make its nominations by primary election; or
86-1 (B) entitled to have the names of its nominees
86-2 placed on the general election ballot under Chapter 181.
86-3 SECTION 204. Section 192.037(b), Election Code, is amended
86-4 to read as follows:
86-5 (b) A vote shall be counted for both candidates of a set of
86-6 candidates for president and vice-president if:
86-7 (1) the ballot is marked to indicate that the voter is
86-8 voting for one of the two candidates;
86-9 (2) the ballot is marked to indicate that the voter is
86-10 not voting for the other candidate in the set; and
86-11 (3) the voter has not:
86-12 (A) indicated a vote for a presidential or
86-13 vice-presidential candidate of another set; or
86-14 (B) written in the name of a person for whom the
86-15 voter [that he] desires to vote [for] instead of the candidate for
86-16 whom the voter [he] is not voting [for] under Subdivision (2).
86-17 SECTION 205. Sections 192.062(a) and (b), Election Code, are
86-18 amended to read as follows:
86-19 (a) The secretary of state shall certify in writing for
86-20 placement on the ballot the name of a political party's replacement
86-21 nominee for president or vice-president of the United States if:
86-22 (1) the original nominee withdraws, dies, or is
86-23 declared ineligible on or before the 65th day before presidential
86-24 election day; and
86-25 (2) the party's state chair [chairman] delivers
86-26 certification of the replacement nominee's name, signed by the
86-27 state chair [chairman], to the secretary of state not later than 5
87-1 p.m. of the 60th day before presidential election day.
87-2 (b) If the state chair's [chairman's] certification of a
87-3 replacement nominee is delivered by mail, it is considered to be
87-4 delivered at the time of its receipt by the secretary of state.
87-5 SECTION 206. Sections 211.007(b)-(d), Election Code, are
87-6 amended to read as follows:
87-7 (b) A recount coordinator shall retain the recount papers in
87-8 the coordinator's [his] possession for the longest of the following
87-9 periods:
87-10 (1) the period for preserving the precinct election
87-11 records;
87-12 (2) 60 days after the date the canvass of the recount
87-13 is completed;
87-14 (3) 30 days after the date assessed costs are finally
87-15 settled; or
87-16 (4) 30 days after the date an amount owed by a person
87-17 against whom costs are assessed is referred for collection.
87-18 (c) If a recount supervisor is also the recount coordinator
87-19 for a recount, the papers accumulated in the officer's capacity as
87-20 supervisor shall be retained for the same period as those
87-21 accumulated in the officer's [his] capacity as coordinator.
87-22 (d) A recount supervisor who is not the recount coordinator
87-23 shall retain the recount papers in the supervisor's [his]
87-24 possession for the longest of the following periods:
87-25 (1) the period for preserving the precinct election
87-26 records;
87-27 (2) 60 days after the date recount costs for payment
88-1 of claimants are certified; or
88-2 (3) if costs in the supervisor's jurisdiction are
88-3 assessed against a person, six months after the date a statement of
88-4 costs incurred in the supervisor's jurisdiction is delivered to the
88-5 recount coordinator.
88-6 SECTION 207. Section 212.022, Election Code, is amended to
88-7 read as follows:
88-8 Sec. 212.022. Obtaining Initial Recount in Election on
88-9 Office. Except as provided by Section 212.0241, a candidate for
88-10 nomination or election to an office may obtain an initial recount
88-11 in an election in which the person [he] was a candidate if:
88-12 (1) the difference in the number of votes received by
88-13 the candidate [him] and any candidate for the office who is shown
88-14 by the election returns to be nominated, elected, or entitled to a
88-15 place on a runoff ballot or tied for nomination, election, or
88-16 entitlement to a place on a runoff ballot is less than 10 percent
88-17 of that candidate's number of votes;
88-18 (2) the candidate is shown by the election returns to
88-19 be entitled to a place on a runoff ballot or tied for nomination,
88-20 election, or entitlement to a place on a runoff ballot;
88-21 (3) the secretary of state certifies that counting
88-22 errors affecting the election occurred in one or more election
88-23 precincts in which paper ballots were used, as provided by Section
88-24 212.034; or
88-25 (4) the total number of votes received by all
88-26 candidates for the office is less than 1,000 as shown by the
88-27 election returns.
89-1 SECTION 208. Section 212.027(a), Election Code, is amended
89-2 to read as follows:
89-3 (a) On submission of a recount petition under Section
89-4 212.026(b), the recount coordinator, if the coordinator [he] is not
89-5 the same person as the presiding officer of the canvassing
89-6 authority designated by the joint election agreement, shall notify
89-7 that presiding officer of the submission.
89-8 SECTION 209. Section 212.031(e), Election Code, is amended
89-9 to read as follows:
89-10 (e) After approving or rejecting a petition submitted under
89-11 Section 212.026(b), the recount coordinator, if the coordinator
89-12 [he] is not the same person as the presiding officer of the
89-13 canvassing authority designated by the joint election agreement,
89-14 shall promptly notify that presiding officer of the action taken.
89-15 SECTION 210. Sections 212.137(b) and (c), Election Code, are
89-16 amended to read as follows:
89-17 (b) The votes subject to the requested exclusion may not be
89-18 excluded if a candidate entitled to notice under Subsection (a)
89-19 notifies the recount coordinator not later than 18 hours after
89-20 receiving the notice that the candidate [he] objects to the
89-21 exclusion.
89-22 (c) The sufficiency of the deposit accompanying a recount
89-23 document requesting an exclusion is not affected by a timely
89-24 objection to the exclusion, but the candidate is liable for the
89-25 full costs of the recount, including the costs attributable to the
89-26 recount of the votes requested to be excluded, if the costs are
89-27 assessed against the candidate [him].
90-1 SECTION 211. Sections 213.002(b) and (c), Election Code, are
90-2 amended to read as follows:
90-3 (b) The recount supervisor shall appoint a chair [chairman]
90-4 from the membership.
90-5 (c) The recount committee shall count the votes in a recount
90-6 under the direct management and supervision of the chair
90-7 [chairman]. The recount supervisor or the supervisor's [his]
90-8 designee may exercise the chair's [chairman's] authority when
90-9 present during the counting process.
90-10 SECTION 212. Section 213.003(c), Election Code, is amended
90-11 to read as follows:
90-12 (c) A person who is appointed as a member of a recount
90-13 committee by the secretary of state or a state party chair
90-14 [chairman] and who otherwise meets the eligibility requirements
90-15 prescribed by this code for precinct election judges and clerks is
90-16 eligible for appointment regardless of whether the person is a
90-17 qualified voter of the political subdivision served by the recount
90-18 supervisor.
90-19 SECTION 213. Section 213.005(b), Election Code, is amended
90-20 to read as follows:
90-21 (b) Subject to the authority of the recount supervisor or
90-22 the supervisor's [his] designee, the recount committee chair
90-23 [chairman] shall designate the members to serve on each team and
90-24 the duties to be performed by each member.
90-25 SECTION 214. Sections 213.006(a) and (b), Election Code, are
90-26 amended to read as follows:
90-27 (a) The recount committee chair [chairman] has the same
91-1 authority as a presiding election judge to determine whether a
91-2 particular ballot may be lawfully counted and how a voter's marking
91-3 of a ballot should be interpreted.
91-4 (b) After consulting the recount coordinator's appointee,
91-5 the recount committee chair [chairman] shall prepare a written
91-6 statement of the specific reasons for not counting a particular
91-7 ballot. Any uncounted ballots shall be kept separately in the
91-8 appropriate container.
91-9 SECTION 215. Sections 213.007(a) and (c), Election Code, are
91-10 amended to read as follows:
91-11 (a) On presentation by a recount committee chair [chairman]
91-12 of a written order signed by the recount supervisor, the custodian
91-13 of voted ballots, voting machines or test materials or programs
91-14 used in counting electronic voting system ballots shall make the
91-15 ballots, machines, or materials or programs available to the
91-16 committee.
91-17 (c) The recount committee chair [chairman] shall have the
91-18 materials and equipment restored to their secured condition and
91-19 returned to the appropriate custodian.
91-20 SECTION 216. Section 213.0111(a), Election Code, is amended
91-21 to read as follows:
91-22 (a) On receipt of an affidavit executed by any recount
91-23 committee member alleging that legal votes were not counted or
91-24 illegal votes were counted during the initial recount, the recount
91-25 coordinator may order a new recount of the disputed ballots. For a
91-26 county or precinct office in a primary election, the county chair
91-27 [chairman] may order the new recount only on the approval of the
92-1 state chair [chairman].
92-2 SECTION 217. Sections 213.012(a) and (b), Election Code, are
92-3 amended to read as follows:
92-4 (a) After the recount is completed, the recount committee
92-5 chair [chairman] shall prepare a report of the committee's vote
92-6 count and sign the report. Votes shall be reported separately by
92-7 precinct.
92-8 (b) The chair [chairman] shall deliver one copy of the
92-9 report to the recount supervisor and one copy to the general
92-10 custodian of election records.
92-11 SECTION 218. Sections 213.013(e), (g), and (i), Election
92-12 Code, are amended to read as follows:
92-13 (e) A representative appointed to serve at a recount must
92-14 deliver a certificate of appointment to the recount committee chair
92-15 [chairman] at the time the representative reports for service. A
92-16 representative who presents himself or herself for service at any
92-17 time immediately before or during the recount and submits a proper
92-18 certificate of appointment must be accepted for service unless the
92-19 number of appointees to which the appointing authority is entitled
92-20 have already been accepted.
92-21 (g) If the representative is accepted for service, the
92-22 recount committee chair [chairman] shall keep the certificate and
92-23 deliver it to the recount coordinator after the recount for
92-24 preservation under Section 211.007. If the representative is not
92-25 accepted for service, the recount committee chair [chairman] shall
92-26 return the certificate to the representative with a signed
92-27 statement of the reason for the rejection.
93-1 (i) No mechanical or electronic means of recording images or
93-2 sound are allowed inside the room in which the recount is
93-3 conducted, or in any hallway or corridor in the building in which
93-4 the recount is conducted within 30 feet of the entrance to the
93-5 room, while the recount is in progress. However, on request of a
93-6 person entitled to appoint representatives to serve at the recount,
93-7 the recount committee chair [chairman] shall permit the person to
93-8 photocopy under the chair's [chairman's] supervision any ballot,
93-9 including any supporting materials, challenged by the person or
93-10 person's representative. The person must pay a reasonable charge
93-11 for making the copies and, if no photocopying equipment is
93-12 available, may supply that equipment at the person's expense. The
93-13 person shall provide a copy on request to another person entitled
93-14 to appoint representatives to serve at the recount.
93-15 SECTION 219. Section 213.015(b), Election Code, is amended
93-16 to read as follows:
93-17 (b) A recount committee chair [chairman] has the same
93-18 authority as that of a presiding judge at a polling place to
93-19 preserve order during the recount.
93-20 SECTION 220. Section 214.003, Election Code, is amended to
93-21 read as follows:
93-22 Sec. 214.003. Disposition of Tally Lists. (a) On
93-23 completion of the count for a precinct, a member of the counting
93-24 team shall place one tally list in the ballot box containing the
93-25 voted ballots and shall deliver the other tally list to the recount
93-26 committee chair [chairman].
93-27 (b) The recount committee chair [chairman] shall use the
94-1 tally list received from the counting team in preparing the
94-2 committee report of the recount. The chair [chairman] shall attach
94-3 the tally list to the copy of the committee report that is to be
94-4 delivered to the recount supervisor. The attached tally list is
94-5 part of the report.
94-6 SECTION 221. Section 214.022(b), Election Code, is amended
94-7 to read as follows:
94-8 (b) The recount committee chair [chairman] shall designate
94-9 one member of each counting team to perform the duties of a
94-10 presiding judge at a polling place using voting machines in
94-11 verifying and certifying the precinct recount returns.
94-12 SECTION 222. Section 214.026, Election Code, is amended to
94-13 read as follows:
94-14 Sec. 214.026. Disposition of Recount Returns. (a) After a
94-15 counting team certifies the recount returns for a precinct, a
94-16 member of the team shall deliver the returns to the recount
94-17 committee chair [chairman].
94-18 (b) The recount committee chair [chairman] shall use the
94-19 recount returns in preparing the committee report of the recount.
94-20 The chair [chairman] shall attach the recount returns to the copy
94-21 of the committee report that is to be delivered to the recount
94-22 supervisor. The attached returns are part of the report.
94-23 SECTION 223. Section 214.045(a), Election Code, is amended
94-24 to read as follows:
94-25 (a) The recount committee chair [chairman] shall designate
94-26 one member of the recount committee for an electronic recount to
94-27 operate the automatic tabulating equipment. In this subchapter,
95-1 "recount tabulator" means the member designated to operate the
95-2 equipment.
95-3 SECTION 224. Sections 214.046(b) and (f), Election Code, are
95-4 amended to read as follows:
95-5 (b) If the test is unsuccessful, the recount tabulator shall
95-6 notify the recount committee chair [chairman], who shall notify the
95-7 recount supervisor, and the supervisor shall investigate the cause
95-8 of the test's failure. The electronic recount may not proceed
95-9 until a test is successful on the equipment used for the first test
95-10 or on other equipment selected by the supervisor.
95-11 (f) The recount supervisor shall obtain from the person who
95-12 prepares a new program a signed statement that the program was
95-13 prepared by the person [him], with the date of preparation and the
95-14 person's address shown on the statement. The new program, the
95-15 preparer's statement, and the test materials used for verification
95-16 shall be preserved in a sealed container in the same manner and for
95-17 the same period as the original program.
95-18 SECTION 225. Section 214.049(d), Election Code, is amended
95-19 to read as follows:
95-20 (d) Before the tabulation of duplicate ballots, the recount
95-21 committee chair [chairman] shall compare the duplicate ballot with
95-22 the original to verify that the original ballot was duplicated
95-23 properly. If the original ballot was duplicated improperly, the
95-24 recount committee chair [chairman] shall have the original ballot
95-25 duplicated properly and that duplicate ballot shall be counted.
95-26 The improper duplicate ballot shall be retained and the recount
95-27 committee chair [chairman] shall make a notation on the improper
96-1 duplicate ballot of the reason for which it was not counted.
96-2 SECTION 226. Section 214.051, Election Code, is amended to
96-3 read as follows:
96-4 Sec. 214.051. Disposition of Recount Returns. (a) After
96-5 the recount committee certifies the recount returns for a precinct,
96-6 a member of the committee shall place the copy of the returns in
96-7 the ballot box containing the voted ballots and shall deliver the
96-8 original to the recount committee chair [chairman].
96-9 (b) The recount committee chair [chairman] shall use the
96-10 returns received from the recount committee in preparing the
96-11 committee report of the recount. The chair [chairman] shall attach
96-12 the recount returns to the copy of the committee report that is to
96-13 be delivered to the recount supervisor. The attached returns are
96-14 part of the report.
96-15 SECTION 227. Section 215.010(c), Election Code, is amended
96-16 to read as follows:
96-17 (c) On referral of an amount for collection under Subsection
96-18 (b), the recount coordinator and each recount supervisor involved
96-19 in the recount shall deliver to the authority to whom the referral
96-20 is made the originals or copies of documents, records, or other
96-21 papers in the coordinator's or supervisor's [his] possession that
96-22 may be relevant to enforcement of the claim. The coordinator may
96-23 not deliver the original of a document during the period for
96-24 preserving the precinct election records.
96-25 SECTION 228. Section 221.009(a), Election Code, is amended
96-26 to read as follows:
96-27 (a) A voter who cast an illegal vote may be compelled, after
97-1 the illegality has been established to the satisfaction of the
97-2 tribunal hearing the contest, to disclose the name of the candidate
97-3 for whom the voter [he] voted or how the voter [he] voted on a
97-4 measure if the issue is relevant to the election contest.
97-5 SECTION 229. Section 231.008(c), Election Code, is amended
97-6 to read as follows:
97-7 (c) If the judgment orders that a new general or special
97-8 election be held, the clerk shall deliver a copy to the authority
97-9 responsible for ordering the election. If the judgment orders a
97-10 new primary election, the clerk shall deliver a copy to the state
97-11 chair [chairman] of the appropriate political party, in the case of
97-12 a statewide or district office, or to the county chair [chairman],
97-13 in the case of a county or precinct office.
97-14 SECTION 230. Section 232.013(d), Election Code, is amended
97-15 to read as follows:
97-16 (d) If the contested election is a primary, the district
97-17 clerk shall deliver a certified copy of the order setting the date
97-18 of the runoff to the state chair [chairman] of the political party
97-19 in the case of a statewide or district office or to the county
97-20 chair [chairman] in the case of a county or precinct office.
97-21 SECTION 231. Section 241.0061(a), Election Code, is amended
97-22 to read as follows:
97-23 (a) Not later than the third day after the date the
97-24 contestee's answer is received by the presiding officer of the
97-25 house having jurisdiction, the contestant must file with the
97-26 secretary of the senate or chief clerk of the house of
97-27 representatives, as appropriate:
98-1 (1) a cost bond payable to the appropriate house and
98-2 to the contestee in the amount of $5,000, having sufficient
98-3 sureties approved by the presiding officer, and conditioned that
98-4 the contestant will pay all costs of the contest assessed against
98-5 the contestant [him];
98-6 (2) a cash deposit in lieu of bond; or
98-7 (3) an affidavit of inability to pay costs.
98-8 SECTION 232. Section 241.008, Election Code, is amended to
98-9 read as follows:
98-10 Sec. 241.008. Presiding Officer as Party. If the presiding
98-11 officer of the house having jurisdiction is a party to a contest,
98-12 the house shall elect one of its members to perform the duties of
98-13 the presiding officer with respect to the contest. The chair
98-14 [chairman] of the house's committee on administration shall perform
98-15 those duties until the substitute is elected.
98-16 SECTION 233. Section 241.0091(a), Election Code, is amended
98-17 to read as follows:
98-18 (a) The master may on the master's [his] own motion, or
98-19 shall on the motion of the committee, determine whether the
98-20 contestant's petition is frivolous or otherwise does not state the
98-21 grounds necessary to maintain the contest.
98-22 SECTION 234. Section 241.015(c), Election Code, is amended
98-23 to read as follows:
98-24 (c) The committee chair [chairman] shall file the report
98-25 with the secretary of the senate or the chief clerk of the house of
98-26 representatives, as appropriate.
98-27 SECTION 235. Section 241.017(a), Election Code, is amended
99-1 to read as follows:
99-2 (a) A contestant may withdraw the [his] election contest at
99-3 any time before the filing of the committee report by filing with
99-4 the committee chair [chairman] and the presiding officer of the
99-5 house a written statement of withdrawal signed by the contestant or
99-6 the contestant's [his] attorney.
99-7 SECTION 236. Section 251.006(b), Election Code, is amended
99-8 to read as follows:
99-9 (b) A candidate for an elective office of the federal
99-10 government shall file with the commission a copy of each document
99-11 relating to the [his] candidacy that is required to be filed under
99-12 federal law. The document shall be filed within the same period in
99-13 which it is required to be filed under the federal law.
99-14 SECTION 237. Section 251.032, Election Code, is amended to
99-15 read as follows:
99-16 Sec. 251.032. Forms. In addition to furnishing samples of
99-17 the appropriate forms to the authorities having administrative
99-18 duties under this title, the commission shall furnish the forms to
99-19 each political party's state executive committee and county chair
99-20 [chairman] of each county executive committee.
99-21 SECTION 238. Section 252.004, Election Code, is amended to
99-22 read as follows:
99-23 Sec. 252.004. Designation of Oneself. An individual may
99-24 appoint himself or herself as campaign treasurer.
99-25 SECTION 239. Section 252.013(b), Election Code, is amended
99-26 to read as follows:
99-27 (b) A campaign treasurer who vacates the treasurer's [his]
100-1 position shall immediately notify the appointing authority in
100-2 writing of the vacancy.
100-3 SECTION 240. Sections 253.035(f), (h), and (i), Election
100-4 Code, are amended to read as follows:
100-5 (f) A person who converts a political contribution to the
100-6 person's [his] personal use in violation of this section is civilly
100-7 liable to the state for an amount equal to the amount of the
100-8 converted contribution plus reasonable court costs.
100-9 (h) Except as provided by Section 253.0351 or 253.042, a
100-10 candidate or officeholder who makes political expenditures from the
100-11 candidate's or officeholder's [his] personal funds may reimburse
100-12 those [his] personal funds from political contributions in the
100-13 amount of those expenditures only if:
100-14 (1) the expenditures from personal funds were fully
100-15 reported as political expenditures, including the payees, dates,
100-16 purposes, and amounts of the expenditures, in the report required
100-17 to be filed under this title that covers the period in which the
100-18 expenditures from personal funds were made; and
100-19 (2) the report on which the expenditures from personal
100-20 funds are disclosed clearly designates those expenditures as having
100-21 been made from the person's personal funds and that the
100-22 expenditures are subject to reimbursement.
100-23 (i) "Personal use" does not include the use of contributions
100-24 for:
100-25 (1) defending a criminal action or prosecuting or
100-26 defending a civil action brought by or against the person in the
100-27 person's [his] status as a candidate or officeholder; or
101-1 (2) participating in an election contest or
101-2 participating in a civil action to determine a person's eligibility
101-3 to be a candidate for, or elected or appointed to, a public office
101-4 in this state.
101-5 SECTION 241. Section 253.0351(a), Election Code, is amended
101-6 to read as follows:
101-7 (a) A candidate or officeholder who makes political
101-8 expenditures from the candidate's or officeholder's [his] personal
101-9 funds may report the amount expended as a loan and may reimburse
101-10 those [his] personal funds from political contributions in the
101-11 amount of the reported loan.
101-12 SECTION 242. Section 253.042(a), Election Code, is amended
101-13 to read as follows:
101-14 (a) A candidate or officeholder who makes political
101-15 expenditures from the candidate's or officeholder's [his] personal
101-16 funds may not reimburse those [his] personal funds from political
101-17 contributions in amounts that in the aggregate exceed the following
101-18 amounts for each election in which the person's name appears on the
101-19 ballot:
101-20 (1) for a statewide office other than governor,
101-21 $250,000; and
101-22 (2) for governor, $500,000.
101-23 SECTION 243. Section 253.061, Election Code, is amended to
101-24 read as follows:
101-25 Sec. 253.061. Direct Expenditure of $100 or Less. Except as
101-26 otherwise provided by law, an individual not acting in concert with
101-27 another person may make one or more direct campaign expenditures in
102-1 an election from the individual's [his] own property if:
102-2 (1) the total expenditures on any one or more
102-3 candidates or measures do not exceed $100; and
102-4 (2) the individual receives no reimbursement for the
102-5 expenditures.
102-6 SECTION 244. Section 253.062(a), Election Code, is amended
102-7 to read as follows:
102-8 (a) Except as otherwise provided by law, an individual not
102-9 acting in concert with another person may make one or more direct
102-10 campaign expenditures in an election from the individual's [his]
102-11 own property that exceed $100 on any one or more candidates or
102-12 measures if:
102-13 (1) the individual complies with Chapter 254 as if the
102-14 individual were a campaign treasurer of a political committee; and
102-15 (2) the individual receives no reimbursement for the
102-16 expenditures.
102-17 SECTION 245. Section 254.064(d), Election Code, is amended
102-18 to read as follows:
102-19 (d) If a person becomes an opposed candidate after a
102-20 reporting period prescribed by Subsection (b) or (c), the person
102-21 shall file the person's [his] first report not later than the
102-22 regular deadline for the report covering the period during which
102-23 the person becomes an opposed candidate. The period covered by the
102-24 first report begins the day the candidate's campaign treasurer
102-25 appointment is filed.
102-26 SECTION 246. Section 254.128(c), Election Code, is amended
102-27 to read as follows:
103-1 (c) A campaign treasurer commits an offense if the campaign
103-2 treasurer [he] fails to comply with this section. An offense under
103-3 this section is a Class A misdemeanor.
103-4 SECTION 247. Section 254.129(d), Election Code, is amended
103-5 to read as follows:
103-6 (d) A campaign treasurer commits an offense if the campaign
103-7 treasurer [he] fails to comply with this section. An offense under
103-8 this section is a Class B misdemeanor.
103-9 SECTION 248. Section 254.204(b), Election Code, is amended
103-10 to read as follows:
103-11 (b) A person who disposes of unexpended political
103-12 contributions under Subsection (a)(2) shall report each
103-13 contribution as if the person [he] were a campaign treasurer of a
103-14 specific-purpose committee.
103-15 SECTION 249. Section 255.005(a), Election Code, is amended
103-16 to read as follows:
103-17 (a) A person commits an offense if, with intent to injure a
103-18 candidate or influence the result of an election, the person
103-19 misrepresents the person's [his] identity or, if acting or
103-20 purporting to act as an agent, misrepresents the identity of the
103-21 agent's principal, in political advertising or a campaign
103-22 communication.
103-23 SECTION 250. Sections 255.006(a) and (b), Election Code, are
103-24 amended to read as follows:
103-25 (a) A person commits an offense if the person knowingly
103-26 enters into a contract or other agreement to print, publish, or
103-27 broadcast political advertising with the intent to represent to an
104-1 ordinary and prudent person that a candidate holds a public office
104-2 that the candidate [he] does not hold at the time the agreement is
104-3 made.
104-4 (b) A person commits an offense if the person knowingly
104-5 represents in a campaign communication that a candidate holds a
104-6 public office that the candidate [he] does not hold at the time the
104-7 representation is made.
104-8 SECTION 251. Section 257.003(c), Election Code, is amended
104-9 to read as follows:
104-10 (c) Sections 254.001 and 254.032-254.037 apply to a report
104-11 required by this section as if the party chair [chairman] were a
104-12 campaign treasurer of a political committee and as if the
104-13 contributions or expenditures were political contributions or
104-14 political expenditures.
104-15 SECTION 252. Section 257.005, Election Code, is amended by
104-16 amending the section heading and Subsection (a) to read as follows:
104-17 Sec. 257.005. CANDIDATE FOR STATE CHAIR [CHAIRMAN] OF
104-18 POLITICAL PARTY. (a) A candidate for state chair [chairman] of a
104-19 political party with a nominee on the ballot in the most recent
104-20 gubernatorial general election is subject to the requirements of
104-21 this title that apply to a candidate for public office, except as
104-22 provided by this section.
104-23 SECTION 253. Section 272.010(b), Election Code, is amended
104-24 to read as follows:
104-25 (b) The voter registrar for each county containing an
104-26 election precinct subject to Section 272.002 shall maintain a
104-27 supply of the form required by Subsection (a) and shall keep a
105-1 notice in Spanish posted at the place in the registrar's [his]
105-2 office where voter registration is conducted stating that
105-3 application forms in Spanish are available.
105-4 SECTION 254. Section 273.003(d), Election Code, is amended
105-5 to read as follows:
105-6 (d) On the filing of an application, the district judge
105-7 shall issue an order impounding the records in a secure place under
105-8 the terms and conditions the judge considers necessary to keep them
105-9 under the judge's [his] custody and control during the examination
105-10 and for any additional time the judge directs.
105-11 SECTION 255. Section 273.021(b), Election Code, is amended
105-12 to read as follows:
105-13 (b) The attorney general may appear before a grand jury in
105-14 connection with an offense the attorney general [he] is authorized
105-15 to prosecute under Subsection (a).
105-16 SECTION 256. Section 276.001(a), Election Code, is amended
105-17 to read as follows:
105-18 (a) A person commits an offense if, in retaliation against a
105-19 voter who has voted for or against a candidate or measure or a
105-20 voter who has refused to reveal how the voter [he] voted, the
105-21 person knowingly:
105-22 (1) harms or threatens to harm the voter by an
105-23 unlawful act; or
105-24 (2) with respect to a voter over whom the person has
105-25 authority in the scope of employment, subjects or threatens to
105-26 subject the voter to a loss or reduction of wages or another
105-27 benefit of employment.
106-1 SECTION 257. This Act is intended only to change terminology
106-2 involving gender in the Election Code to appropriate gender-neutral
106-3 terminology. The reenactment of text in this Act to effect this
106-4 change in terminology does not prevail over a conflicting change in
106-5 law, including a conflict in gender-neutral terminology, made by
106-6 another Act of the 75th Legislature, Regular Session, 1997, and
106-7 that conflicting change is given effect with the change in
106-8 terminology made by this Act.
106-9 SECTION 258. This Act takes effect September 1, 1997.
106-10 SECTION 259. The importance of this legislation and the
106-11 crowded condition of the calendars in both houses create an
106-12 emergency and an imperative public necessity that the
106-13 constitutional rule requiring bills to be read on three several
106-14 days in each house be suspended, and this rule is hereby suspended.