1-1 By: Ehrhardt, Madden, Denny H.B. No. 1603
1-2 (Senate Sponsor - Shapiro)
1-3 (In the Senate - Received from the House May 5, 1997;
1-4 May 6, 1997, read first time and referred to Committee on
1-5 Administration; May 15, 1997, reported favorably by the following
1-6 vote: Yeas 6, Nays 0; May 15, 1997, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to changing terminology involving gender in the Election
1-10 Code to gender-neutral terminology.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 1.007(b), Election Code, is amended to
1-13 read as follows:
1-14 (b) The authority to whom a delivery, submission, or filing
1-15 is required by this code to be made may accept the document or
1-16 paper at a place other than the authority's [his] usual place for
1-17 conducting official business.
1-18 SECTION 2. Section 1.009(a), Election Code, is amended to
1-19 read as follows:
1-20 (a) When this code provides that an application, notice, or
1-21 other document or paper that is delivered, submitted, or filed by
1-22 mail is considered to be delivered, submitted, or filed at the time
1-23 of its receipt by the appropriate authority, the time of receipt is
1-24 the time at which a post office employee:
1-25 (1) places it in the actual possession of the
1-26 authority or the authority's [his] agent; or
1-27 (2) deposits it in the authority's mailbox or at the
1-28 usual place of delivery for the authority's official mail.
1-29 SECTION 3. Sections 1.011(b) and (d), Election Code, are
1-30 amended to read as follows:
1-31 (b) The person who cannot sign must affix the person's [his]
1-32 mark to the document or paper, which the witness must attest. If
1-33 the person cannot make the mark, the witness must state that fact
1-34 on the document or paper.
1-35 (d) The witness must affix the witness's [his] own signature
1-36 to the document or paper and state the witness's [his] own name, in
1-37 printed form, near the signature. The witness must also state the
1-38 witness's [his] residence address unless the witness [he] is an
1-39 election officer, in which case the witness [he] must state the
1-40 witness's [his] official title.
1-41 SECTION 4. Sections 1.015(a), (c), and (d), Election Code,
1-42 are amended to read as follows:
1-43 (a) In this code, "residence" means domicile, that is, one's
1-44 home and fixed place of habitation to which one [he] intends to
1-45 return after any temporary absence.
1-46 (c) A person does not lose the person's [his] residence by
1-47 leaving the person's [his] home to go to another place for
1-48 temporary purposes only.
1-49 (d) A person does not acquire a residence in a place to
1-50 which the person [he] has come for temporary purposes only and
1-51 without the intention of making that place the person's [his] home.
1-52 SECTION 5. Section 11.005, Election Code, is amended to read
1-53 as follows:
1-54 Sec. 11.005. Effect of Vote by Voter Registered in Wrong
1-55 Precinct. If a voter who is erroneously registered in an election
1-56 precinct in which the voter [he] does not reside is permitted to
1-57 vote by an election officer who does not know of the erroneous
1-58 registration, the votes for the offices and measures on which the
1-59 voter would have been eligible to vote in the voter's [his]
1-60 precinct of residence are valid unless the voter intentionally gave
1-61 false information to procure the erroneous registration.
1-62 SECTION 6. Section 13.006(a), Election Code, is amended to
1-63 read as follows:
1-64 (a) A person commits an offense if the person purports to
2-1 act as an agent in applying for registration or in signing a
2-2 registration application at a time when the person:
2-3 (1) is not an agent of the applicant under Section
2-4 13.003(a); and
2-5 (2) is not eligible for appointment under Section
2-6 13.003(b) as the agent of the person for whom the person [he]
2-7 purports to act.
2-8 SECTION 7. Section 13.038, Election Code, is amended to read
2-9 as follows:
2-10 Sec. 13.038. Powers Generally. A volunteer deputy registrar
2-11 may distribute voter registration application forms throughout the
2-12 county and receive registration applications submitted to the
2-13 deputy [him] in person.
2-14 SECTION 8. Sections 13.046(a) and (c), Election Code, are
2-15 amended to read as follows:
2-16 (a) Each principal of a public or private high school or the
2-17 principal's [his] designee shall serve as a deputy registrar for
2-18 the county in which the school is located.
2-19 (c) A high school deputy registrar may distribute
2-20 registration application forms to and receive registration
2-21 applications submitted to the deputy [him] in person from students
2-22 and employees of the school only.
2-23 SECTION 9. Section 15.027(b), Election Code, is amended to
2-24 read as follows:
2-25 (b) If the voter is not issued a corrected registration
2-26 certificate, the notice shall inform the voter of the new precinct
2-27 number and direct the voter to correct the precinct number on the
2-28 voter's [his] registration certificate and to retain the
2-29 certificate for continued use.
2-30 SECTION 10. Section 16.062, Election Code, is amended to
2-31 read as follows:
2-32 Sec. 16.062. Request for Hearing on Challenge. A person
2-33 desiring to challenge the cancellation of the person's [his]
2-34 registration must file with the registrar a written, signed request
2-35 for a hearing on the challenge.
2-36 SECTION 11. Section 18.007, Election Code, is amended to
2-37 read as follows:
2-38 Sec. 18.007. Lists Furnished for Precinct Conventions. In a
2-39 voting year in which a political party holds precinct conventions
2-40 in the county under Title 10, the registrar, on request of the
2-41 party's county chair [chairman], shall furnish to the chair
2-42 [chairman] for use in qualifying individuals for participation in
2-43 the conventions one of each of the original, supplemental, and
2-44 correction lists prescribed by this subchapter.
2-45 SECTION 12. Section 18.009(a), Election Code, is amended to
2-46 read as follows:
2-47 (a) A person commits an offense if the person uses
2-48 information in connection with advertising or promoting commercial
2-49 products or services that the person [he] knows was obtained under
2-50 Section 18.008.
2-51 SECTION 13. Section 18.067(a), Election Code, is amended to
2-52 read as follows:
2-53 (a) A person commits an offense if the person uses
2-54 information in connection with advertising or promoting commercial
2-55 products or services that the person [he] knows was obtained under
2-56 Section 18.066.
2-57 SECTION 14. Section 31.001(b), Election Code, is amended to
2-58 read as follows:
2-59 (b) The secretary shall establish in the secretary's [his]
2-60 office an elections division with an adequate staff to enable the
2-61 secretary [him] to perform the secretary's [his] duties as chief
2-62 election officer. The secretary may assign to the elections
2-63 division staff any function relating to the administration of
2-64 elections that is under the secretary's [his] jurisdiction.
2-65 SECTION 15. Section 31.032(a), Election Code, is amended to
2-66 read as follows:
2-67 (a) The position of county elections administrator is filled
2-68 by appointment of the county election commission, which consists
2-69 of:
3-1 (1) the county judge, as chair [chairman];
3-2 (2) the county clerk, as vice chair [vice-chairman];
3-3 (3) the county tax assessor-collector, as secretary;
3-4 and
3-5 (4) the county chair [chairman] of each political
3-6 party that made nominations by primary election for the last
3-7 general election for state and county officers preceding the date
3-8 of the meeting at which the appointment is made.
3-9 SECTION 16. Section 31.033(a), Election Code, is amended to
3-10 read as follows:
3-11 (a) The county election commission shall meet at the call of
3-12 the chair [chairman]. However, the vice chair [vice-chairman] or
3-13 any three members of the commission may call a meeting if the
3-14 calling authority considers a meeting to be necessary or desirable
3-15 and the chair [chairman] fails to call the meeting after being
3-16 requested to do so.
3-17 SECTION 17. Section 31.035(a), Election Code, is amended to
3-18 read as follows:
3-19 (a) A county elections administrator may not be a candidate
3-20 for a public office or an office of a political party, hold a
3-21 public office, or hold an office of or position in a political
3-22 party. At the time an administrator becomes a candidate or accepts
3-23 an office or position in violation of this subsection, the
3-24 administrator [he] vacates the position of administrator.
3-25 SECTION 18. Section 31.044(a), Election Code, is amended to
3-26 read as follows:
3-27 (a) With respect to meetings of the commissioners court,
3-28 including meetings at which the only business conducted pertains to
3-29 elections, the county clerk shall perform the clerk's [his]
3-30 regularly prescribed duties in giving notice of and preparing the
3-31 agenda for the meetings, attending the meetings and making a record
3-32 of the proceedings, preparing and maintaining the minutes of the
3-33 court, and filing and preserving copies of the court's orders,
3-34 except as provided by Subsection (b). The county elections
3-35 administrator shall cooperate with the county clerk in supplying
3-36 information on election matters that are to be brought before the
3-37 court and shall attend or be represented at the meetings of the
3-38 court at which election matters are considered. The county clerk
3-39 shall furnish the administrator with a copy of each order of the
3-40 court that pertains to or affects an election, and the
3-41 administrator shall maintain the copies on file.
3-42 SECTION 19. Section 31.049, Election Code, is amended to
3-43 read as follows:
3-44 Sec. 31.049. Criminal Penalties. A statute prescribing a
3-45 criminal penalty against the county clerk or the clerk's deputies
3-46 or other employees for conduct relating to duties or functions
3-47 transferred to the county elections administrator applies to the
3-48 administrator or to the administrator's [his] deputies or employees
3-49 as appropriate.
3-50 SECTION 20. Section 31.097(c), Election Code, is amended to
3-51 read as follows:
3-52 (c) A permanent deputy of the county election officer is not
3-53 subject to the eligibility requirements of this subsection. For a
3-54 temporary deputy of the officer to be eligible for appointment as a
3-55 deputy early voting clerk, the deputy must have the qualifications
3-56 for appointment as a presiding election judge except that:
3-57 (1) an appointee is not required to be a qualified
3-58 voter of any particular territory other than the county served by
3-59 the county election officer or the political subdivision in which
3-60 the election is held; and
3-61 (2) if an employee of the contracting political
3-62 subdivision is appointed, the appointee's status as an employee
3-63 does not disqualify the appointee [him] from serving in an election
3-64 in which an officer of the political subdivision is a candidate.
3-65 SECTION 21. Sections 31.123(a), (c), and (f), Election Code,
3-66 are amended to read as follows:
3-67 (a) If the secretary of the governing body of a political
3-68 subdivision other than a county or city or the authority performing
3-69 the duties of a secretary under this code does not maintain an
4-1 office during the hours and days required by Section 31.122, the
4-2 secretary or other authority shall appoint another officer or
4-3 employee of the political subdivision as the secretary's or
4-4 authority's [his] agent to perform the duties provided by this
4-5 section. The appointment is subject to the approval of the
4-6 political subdivision's governing body.
4-7 (c) The agent shall maintain in the agent's [his] office the
4-8 documents, records, and other papers relating to the election that:
4-9 (1) by law are placed in the custody of the authority
4-10 appointing the agent; and
4-11 (2) are public information.
4-12 (f) The appointing authority shall post, on the bulletin
4-13 board used for posting notice of meetings of the political
4-14 subdivision's governing body, a notice containing the agent's name,
4-15 the location of the agent's [his] office, the agent's [his] office
4-16 hours, and duration of the agent's [his] appointment. The notice
4-17 shall remain continuously posted during the minimum period for
4-18 maintaining the agent's office.
4-19 SECTION 22. Section 32.006, Election Code, is amended to
4-20 read as follows:
4-21 Sec. 32.006. Judges for Primary Elections. (a) The county
4-22 chair [chairman] of a political party holding a primary election
4-23 shall appoint for each primary, with the approval of the county
4-24 executive committee, the judges for each precinct in which the
4-25 election will be held in the county.
4-26 (b) If a vacancy in the positions of both the presiding
4-27 judge and the alternate judge arises after the appointments are
4-28 approved and the county executive committee is not scheduled to
4-29 meet before the election for which the appointments are made, the
4-30 county chair [chairman] may fill the vacancies without the approval
4-31 of the committee.
4-32 SECTION 23. Section 32.010(a), Election Code, is amended to
4-33 read as follows:
4-34 (a) If a presiding election judge has not been given a
4-35 current description of the boundary of the election precinct for
4-36 which the judge [he] is appointed, a description of the boundary
4-37 and a map of the precinct, if a map is available, shall accompany
4-38 the notice given under Section 32.009.
4-39 SECTION 24. Sections 32.034(b) and (d), Election Code, are
4-40 amended to read as follows:
4-41 (b) The county chair [chairman] of a political party whose
4-42 candidate for governor received the highest or second highest
4-43 number of votes in the county in the most recent gubernatorial
4-44 general election may, not later than the 25th day before a general
4-45 election or the 10th day before a special election to which
4-46 Subsection (a) applies, submit to a presiding judge a list
4-47 containing the names of at least two persons who are eligible for
4-48 appointment as a clerk. If a timely list is submitted, the
4-49 presiding judge shall appoint at least one clerk from the list,
4-50 except as provided by Subsection (c).
4-51 (d) The presiding judge shall make an appointment under this
4-52 section not later than the fifth day after the date the judge
4-53 receives the list and shall deliver written notification of the
4-54 appointment to the appropriate county chair [chairman].
4-55 SECTION 25. Section 32.054(a), Election Code, is amended to
4-56 read as follows:
4-57 (a) A person is ineligible to serve as an election judge or
4-58 clerk in an election if the person is employed by or related within
4-59 the second degree by consanguinity or affinity, as determined under
4-60 Chapter 573, Government Code, to an opposed candidate for a public
4-61 office or the party office of county chair [chairman] in the
4-62 election. For purposes of this subsection, a candidate whose name
4-63 appears on the ballot is not considered to be opposed by a write-in
4-64 candidate other than a declared write-in candidate under Chapter
4-65 146.
4-66 SECTION 26. Section 32.071, Election Code, is amended to
4-67 read as follows:
4-68 Sec. 32.071. General Responsibility of Presiding Judge. The
4-69 presiding judge is in charge of and responsible for the management
5-1 and conduct of the election at the polling place of the election
5-2 precinct that the judge [he] serves.
5-3 SECTION 27. Section 32.072(a), Election Code, is amended to
5-4 read as follows:
5-5 (a) The presiding judge shall designate the working hours of
5-6 and assign the duties to be performed by the election clerks
5-7 serving under the judge [him].
5-8 SECTION 28. Section 32.073(b), Election Code, is amended to
5-9 read as follows:
5-10 (b) If the presiding judge does not permit the clerks to be
5-11 absent for meals, the judge [he] must permit meals to be brought or
5-12 delivered to the polling place.
5-13 SECTION 29. Section 32.075(a), Election Code, is amended to
5-14 read as follows:
5-15 (a) The presiding judge shall preserve order and prevent
5-16 breaches of the peace and violations of this code in the polling
5-17 place and in the area within which electioneering and loitering are
5-18 prohibited from the time the judge arrives at the polling place on
5-19 election day until the judge [he] leaves the polling place after
5-20 the polls close.
5-21 SECTION 30. Section 32.094(a), Election Code, is amended to
5-22 read as follows:
5-23 (a) After each election, each presiding judge serving in the
5-24 election shall prepare and sign, in duplicate, a statement
5-25 containing the following information:
5-26 (1) the name and address of the presiding judge and
5-27 each clerk who served under the judge [him];
5-28 (2) the number of hours that each election officer
5-29 worked at the polling place, excluding time for which payment may
5-30 not be made; and
5-31 (3) the name of the election officer who delivered the
5-32 election records, keys, and unused supplies, and, if more than one
5-33 officer, the name of and the amount of compensation allocated to
5-34 each officer.
5-35 SECTION 31. Sections 32.114(c) and (d), Election Code, are
5-36 amended to read as follows:
5-37 (c) The county clerk shall:
5-38 (1) post a notice of the time and place of each
5-39 session on the bulletin board used for posting notice of meetings
5-40 of the commissioners court and shall include on the notice a
5-41 statement that the program is open to the public;
5-42 (2) notify each presiding judge appointed by the
5-43 commissioners court of the time and place of each session and of
5-44 the duty of each election judge to complete the training program;
5-45 (3) notify the county chair [chairman] of each
5-46 political party in the county of the time and place of each
5-47 session; and
5-48 (4) notify the voter registrar of the date, hour, and
5-49 place of each session.
5-50 (d) Each presiding judge receiving notice under Subsection
5-51 (c)(2) shall notify the alternate presiding judge and other persons
5-52 who serve as clerks for the judge's [his] precinct of the time and
5-53 place of each session.
5-54 SECTION 32. Section 33.002(c), Election Code, is amended to
5-55 read as follows:
5-56 (c) In an election for an office of the federal government
5-57 that is filled by voters of more than one county, watchers may also
5-58 be appointed by the chair [chairman] or treasurer of the
5-59 candidate's principal campaign committee or by a designated agent
5-60 of the chair [chairman] or treasurer.
5-61 SECTION 33. Section 33.003, Election Code, is amended to
5-62 read as follows:
5-63 Sec. 33.003. Appointment by Political Party. (a) The
5-64 county chair [chairman] of each political party that has one or
5-65 more nominees on the ballot may appoint watchers.
5-66 (b) If the county chair [chairman] does not make an
5-67 authorized appointment, any three members of the county executive
5-68 committee may make the appointment.
5-69 SECTION 34. Section 33.006(c), Election Code, is amended to
6-1 read as follows:
6-2 (c) In addition to complying with Subsection (b), a
6-3 certificate issued to a watcher for a write-in candidate must:
6-4 (1) include the residence address and voter
6-5 registration number of eligible signers in the required number;
6-6 (2) include the signed statement of the candidate, or
6-7 a person who would be authorized to make appointments on the
6-8 candidate's behalf if the candidate's name appeared on the ballot,
6-9 that the appointment is made with the signer's consent; and
6-10 (3) state the residence or office address of the
6-11 signer under Subdivision (2) and the capacity in which the signer
6-12 [he] signs, if the statement is not signed by the candidate.
6-13 SECTION 35. Sections 33.051(b) and (d), Election Code, are
6-14 amended to read as follows:
6-15 (b) The officer presented with a watcher's certificate of
6-16 appointment shall require the watcher to countersign the
6-17 certificate to ensure that the watcher is the same person who
6-18 signed the certificate. Except as provided by Subsection (c), a
6-19 watcher who presents himself or herself at the proper time with a
6-20 certificate of appointment shall be accepted for service unless the
6-21 person is ineligible to serve or the number of appointees to which
6-22 the appointing authority is entitled have already been accepted.
6-23 (d) The certificate of a watcher serving at an early voting
6-24 polling place shall be retained at the polling place until voting
6-25 at the polling place is concluded. At each subsequent time that
6-26 the watcher reports for service, the watcher [he] shall inform the
6-27 clerk or deputy in charge. The officer may require the watcher to
6-28 sign the watcher's [his] name in the officer's presence, for
6-29 comparison with the signature on the certificate, if the officer is
6-30 uncertain of the watcher's identity.
6-31 SECTION 36. Section 33.052(a), Election Code, is amended to
6-32 read as follows:
6-33 (a) A watcher at a precinct polling place may begin service
6-34 at any time after the presiding judge arrives at the polling place
6-35 on election day and may remain at the polling place until the
6-36 presiding judge and the clerks complete their duties there. A
6-37 watcher may not be accepted for service unless the watcher [he] is
6-38 present at the time the polls are opened for voting.
6-39 SECTION 37. Section 33.053, Election Code, is amended to
6-40 read as follows:
6-41 Sec. 33.053. Hours of Service at Early Voting Polling Place.
6-42 A watcher serving at an early voting polling place may be present
6-43 at the polling place at any time it is open and until completion of
6-44 the securing of any voting equipment used at the polling place that
6-45 is required to be secured on the close of voting each day. The
6-46 watcher may serve during the hours the watcher [he] chooses.
6-47 SECTION 38. Section 33.054(a), Election Code, is amended to
6-48 read as follows:
6-49 (a) A watcher serving at the meeting place of an early
6-50 voting ballot board may be present at any time the board is
6-51 processing or counting ballots and until the board completes its
6-52 duties. The watcher may serve during the hours the watcher [he]
6-53 chooses, except as provided by Subsection (b).
6-54 SECTION 39. Section 33.055(a), Election Code, is amended to
6-55 read as follows:
6-56 (a) A watcher serving at a central counting station may be
6-57 present at any time the station is open for the purpose of
6-58 processing or preparing to process election results and until the
6-59 election officers complete their duties at the station. The
6-60 watcher may serve during the hours the watcher [he] chooses, except
6-61 as provided by Subsection (b).
6-62 SECTION 40. Section 33.057(b), Election Code, is amended to
6-63 read as follows:
6-64 (b) A watcher may not be present at the voting station when
6-65 a voter is preparing the voter's [his] ballot or is being assisted
6-66 by a person of the voter's [his] choice.
6-67 SECTION 41. Sections 34.001(b) and (d), Election Code, are
6-68 amended to read as follows:
6-69 (b) The secretary of state shall appoint one or more
7-1 inspectors for an election if the secretary [he] receives a written
7-2 request for the appointment from 15 or more registered voters:
7-3 (1) of the county for which the inspector is
7-4 requested, for an election ordered by the governor or a county
7-5 authority or for a primary election; or
7-6 (2) of the political subdivision in which the election
7-7 specified by the request is held, for an election ordered by an
7-8 authority of a political subdivision other than a county.
7-9 (d) State inspectors are responsible to the secretary of
7-10 state and subject to the secretary's [his] direction. The
7-11 secretary may terminate an appointment at any time.
7-12 SECTION 42. Sections 42.036(b) and (e), Election Code, are
7-13 amended to read as follows:
7-14 (b) The commissioners court shall deliver written notice of
7-15 each proposed change and of each order making a change in a county
7-16 election precinct boundary to:
7-17 (1) the county chair [chairman] of each political
7-18 party that held a primary election in the county on the most recent
7-19 general primary day;
7-20 (2) the political party's precinct chair [chairman] of
7-21 each affected election precinct; and
7-22 (3) the presiding judge appointed by the commissioners
7-23 court for each affected election precinct.
7-24 (e) The notice of an order making a boundary change must
7-25 describe the change in brief, general terms and identify the
7-26 changed precincts. As an alternative, the notice to the county
7-27 chair [chairman] may be a copy of the order, and the notice to a
7-28 precinct chair [chairman] or presiding judge may be a copy of the
7-29 portion of the order affecting the precinct served by that person.
7-30 SECTION 43. Section 43.003, Election Code, is amended to
7-31 read as follows:
7-32 Sec. 43.003. Designation of Location: Primary Election.
7-33 The county chair [chairman] of a political party holding a primary
7-34 election shall designate the location of the polling place for each
7-35 election precinct in the primary unless the precinct is one that is
7-36 consolidated. In that case, the county executive committee shall
7-37 designate the location.
7-38 SECTION 44. Sections 51.002(b) and (c), Election Code, are
7-39 amended to read as follows:
7-40 (b) For the general election for state and county officers
7-41 and for a special election for an officer regularly elected at the
7-42 general election, the county election board consists of the county
7-43 judge, county clerk, voter registrar, sheriff, and county chair
7-44 [chairman] of each political party required to nominate candidates
7-45 by primary election. For other elections, the board consists of
7-46 the county judge, county clerk, voter registrar, and sheriff.
7-47 (c) The county clerk is the chair [chairman] of the county
7-48 election board.
7-49 SECTION 45. Section 51.003, Election Code, is amended to
7-50 read as follows:
7-51 Sec. 51.003. Procuring and Allocating Supplies. Except as
7-52 otherwise provided by law, the following authority shall procure
7-53 the election supplies necessary to conduct an election and shall
7-54 determine the quantity of the various types of supplies to be
7-55 provided to each precinct polling place and early voting polling
7-56 place:
7-57 (1) for an election ordered by the governor or a
7-58 county authority, the county clerk, subject to the approval of the
7-59 county election board;
7-60 (2) for a primary election, the county chair
7-61 [chairman] of the political party holding the primary, subject to
7-62 the approval of the party's county executive committee;
7-63 (3) for an election ordered by a city authority, the
7-64 city secretary; and
7-65 (4) for an election ordered by an authority of a
7-66 political subdivision other than a county or city, the secretary of
7-67 the subdivision's governing body or, if the governing body has no
7-68 secretary, the governing body's presiding officer.
7-69 SECTION 46. Section 51.010(b), Election Code, is amended to
8-1 read as follows:
8-2 (b) A person commits an offense if the person is entrusted
8-3 with the delivery of election supplies for use at polling places
8-4 and intentionally fails to deliver any of the supplies within the
8-5 time specified by the person who entrusted the delivery to the
8-6 person [him].
8-7 SECTION 47. Section 51.035(a), Election Code, is amended to
8-8 read as follows:
8-9 (a) On request of the county chair [chairman] of a political
8-10 party holding a primary election, the county clerk shall furnish
8-11 available county-owned ballot boxes and voting booths to the party
8-12 for use in its primary election.
8-13 SECTION 48. Section 52.002, Election Code, is amended to
8-14 read as follows:
8-15 Sec. 52.002. Authority Preparing Ballot. Except as
8-16 otherwise provided by law, the following authority shall have the
8-17 official ballot prepared:
8-18 (1) for an election ordered by the governor or a
8-19 county authority, the county clerk;
8-20 (2) for a primary election, the county chair
8-21 [chairman] of the political party holding the primary;
8-22 (3) for an election ordered by a city authority, the
8-23 city secretary; and
8-24 (4) for an election ordered by an authority of a
8-25 political subdivision other than a county or city, the secretary of
8-26 the subdivision's governing body or, if the governing body has no
8-27 secretary, the governing body's presiding officer.
8-28 SECTION 49. Section 52.003(b), Election Code, is amended to
8-29 read as follows:
8-30 (b) A candidate's name shall be placed on the ballot in the
8-31 form indicated on the candidate's application or, if the
8-32 application was not filed with the authority, in the form certified
8-33 to the authority [him].
8-34 SECTION 50. Section 52.004(a), Election Code, is amended to
8-35 read as follows:
8-36 (a) A person commits an offense if the person is responsible
8-37 for having the official ballot prepared for an election and
8-38 knowingly fails to place on the ballot the name of a candidate who
8-39 is entitled to have the candidate's [his] name placed on the
8-40 ballot.
8-41 SECTION 51. Section 52.007(d), Election Code, is amended to
8-42 read as follows:
8-43 (d) The county chair [chairman] of each political party
8-44 holding a primary election shall deliver the ballots to be used as
8-45 specimen ballots to the county clerk when the official ballots are
8-46 received from the printer.
8-47 SECTION 52. Section 52.094(c), Election Code, is amended to
8-48 read as follows:
8-49 (c) The authority conducting the drawing shall post in the
8-50 authority's [his] office a notice of the date, hour, and place of
8-51 the drawing. The notice must remain posted continuously for 72
8-52 hours immediately preceding the scheduled time of the drawing,
8-53 except that for a runoff election or an election held to resolve a
8-54 tie vote, the notice must remain posted for 24 hours immediately
8-55 preceding the scheduled time of the drawing.
8-56 SECTION 53. Section 61.006(a), Election Code, is amended to
8-57 read as follows:
8-58 (a) A person commits an offense if the person was in a
8-59 polling place for any purpose other than voting and knowingly
8-60 communicates to another person information that the person [he]
8-61 obtained at the polling place about how a voter has voted.
8-62 SECTION 54. Sections 63.001(b), (e), and (f), Election Code,
8-63 are amended to read as follows:
8-64 (b) On offering to vote, a voter must present the voter's
8-65 [his] voter registration certificate to an election officer at the
8-66 polling place.
8-67 (e) On accepting a voter, an election officer shall indicate
8-68 beside the voter's name on the list of registered voters that the
8-69 voter [he] is accepted for voting.
9-1 (f) After determining whether to accept a voter, an election
9-2 officer shall return the voter's registration certificate to the
9-3 voter [him].
9-4 SECTION 55. Sections 63.002(b) and (c), Election Code, are
9-5 amended to read as follows:
9-6 (b) A voter who is accepted for voting must sign the roster
9-7 before the voter [he] is permitted to vote.
9-8 (c) If the voter cannot sign the voter's [his] name, an
9-9 election officer shall enter the voter's name with a notation of
9-10 the reason for the voter's inability to sign the roster.
9-11 SECTION 56. Section 63.005(b), Election Code, is amended to
9-12 read as follows:
9-13 (b) With respect to each voter who is accepted for voting
9-14 but whose name is not on the list of registered voters for the
9-15 precinct in which the voter [he] is accepted, the election officer
9-16 shall record:
9-17 (1) the voter's name, residence address, and voter
9-18 registration number, if known; and
9-19 (2) a notation of the section of this code under which
9-20 the voter is accepted that provides for accepting voters who are
9-21 not on the list.
9-22 SECTION 57. Section 63.006(a), Election Code, is amended to
9-23 read as follows:
9-24 (a) A voter who, when offering to vote, presents a voter
9-25 registration certificate indicating that the voter is currently
9-26 registered in the precinct in which the voter [he] is offering to
9-27 vote, but whose name is not on the precinct list of registered
9-28 voters, shall be accepted for voting.
9-29 SECTION 58. Section 63.007(a), Election Code, is amended to
9-30 read as follows:
9-31 (a) A voter who, when offering to vote, presents a voter
9-32 registration certificate indicating that the voter is currently
9-33 registered in a different precinct from the one in which the voter
9-34 [he] is offering to vote, and whose name is not on the precinct
9-35 list of registered voters, shall be accepted for voting if the
9-36 voter executes an affidavit stating that the voter:
9-37 (1) is a resident of the precinct in which the voter
9-38 [he] is offering to vote or is otherwise entitled by law to vote in
9-39 that precinct;
9-40 (2) was a resident of the precinct in which the voter
9-41 [he] is offering to vote at the time that information on the
9-42 voter's residence address was last provided to the voter registrar;
9-43 (3) did not deliberately provide false information to
9-44 secure registration in a precinct in which the voter [he] does not
9-45 reside; and
9-46 (4) is voting only once in the election.
9-47 SECTION 59. Section 63.008, Election Code, is amended to
9-48 read as follows:
9-49 Sec. 63.008. Voter Without Certificate Who is on List. A
9-50 voter who does not present a voter registration certificate when
9-51 offering to vote, but whose name is on the list of registered
9-52 voters for the precinct in which the voter [he] is offering to
9-53 vote, shall be accepted for voting if the voter executes an
9-54 affidavit stating that the voter [he] does not have the voter's
9-55 [his] voter registration certificate in the voter's [his]
9-56 possession at the polling place at the time of offering to vote.
9-57 SECTION 60. Sections 63.011(a), (b), and (c), Election Code,
9-58 are amended to read as follows:
9-59 (a) A voter may not have in the voter's [his] actual
9-60 possession while marking the ballot a written communication that:
9-61 (1) was prepared and furnished to the voter by another
9-62 person; and
9-63 (2) is marked or printed in a way that identifies one
9-64 or more candidates or measures for which the voter has agreed to
9-65 vote or has been requested to vote.
9-66 (b) A sample ballot that has not been marked or printed in a
9-67 way that identifies candidates or measures for which to vote, that
9-68 is obtained by the voter from a newspaper or another person, and
9-69 that the voter marks himself or herself is one example of a written
10-1 communication that is not prohibited under Subsection (a).
10-2 (c) An election officer may not accept a voter for voting if
10-3 the officer knows that the voter has actual possession of a
10-4 communication prohibited by Subsection (a) at the time the voter
10-5 [he] offers to vote.
10-6 SECTION 61. Section 64.002(b), Election Code, is amended to
10-7 read as follows:
10-8 (b) A child under 18 years of age may accompany the child's
10-9 [his] parent to a voting station.
10-10 SECTION 62. Section 64.009(a), Election Code, is amended to
10-11 read as follows:
10-12 (a) If a voter is physically unable to enter the polling
10-13 place without personal assistance or likelihood of injuring the
10-14 voter's [his] health, on the voter's request, an election officer
10-15 shall deliver a ballot to the voter at the polling place entrance
10-16 or curb.
10-17 SECTION 63. Section 64.012(a), Election Code, is amended to
10-18 read as follows:
10-19 (a) A person commits an offense if the person:
10-20 (1) votes or attempts to vote in an election in which
10-21 the person knows the person [he] is not eligible to vote;
10-22 (2) knowingly votes or attempts to vote more than once
10-23 in an election; or
10-24 (3) knowingly impersonates another person and votes or
10-25 attempts to vote as the impersonated person.
10-26 SECTION 64. Section 64.033, Election Code, is amended to
10-27 read as follows:
10-28 Sec. 64.033. Reading Ballot to Voter. (a) If a voter is
10-29 assisted by election officers, one of them shall read the entire
10-30 ballot to the voter unless the voter tells the officer that the
10-31 voter [he] desires to vote only on certain offices or measures. In
10-32 that case, the officer shall read those items on the ballot
10-33 specified by the voter.
10-34 (b) If a voter is assisted by a person of the voter's [his]
10-35 choice, an election officer shall ask the voter being assisted
10-36 whether the voter [he] wants the entire ballot read to the voter
10-37 [him]. If so, the officer shall instruct the person assisting the
10-38 voter to read the entire ballot to the voter.
10-39 SECTION 65. Section 66.057(b), Election Code, is amended to
10-40 read as follows:
10-41 (b) The general custodian of election records or the
10-42 custodian's [his] designee shall be present at all times when the
10-43 records delivered in ballot box no. 4 are inspected.
10-44 SECTION 66. Section 66.060(c), Election Code, is amended to
10-45 read as follows:
10-46 (c) The custodian of the key to ballot box no. 3 shall keep
10-47 the key for the period for preserving the precinct election records
10-48 except for the time the key is temporarily out of the custodian's
10-49 [his] custody in accordance with this code.
10-50 SECTION 67. Sections 68.051(d) and (e), Election Code, are
10-51 amended to read as follows:
10-52 (d) Instead of making one of the required appointments, each
10-53 appointing officer or the officer's [his] designee may serve on the
10-54 committee.
10-55 (e) Each appointing officer shall allocate at least four of
10-56 the officer's [his] appointments among members of the various media
10-57 organizations covering elections in this state.
10-58 SECTION 68. Section 68.052, Election Code, is amended to
10-59 read as follows:
10-60 Sec. 68.052. Chair [Chairman] and Meetings. (a) The
10-61 secretary of state shall designate a chair [chairman] and vice
10-62 chair [vice-chairman] of the committee from among the media
10-63 organization membership.
10-64 (b) Meetings of the committee shall be held at the call of
10-65 the chair [chairman].
10-66 SECTION 69. Section 82.002(a), Election Code, is amended to
10-67 read as follows:
10-68 (a) A qualified voter is eligible for early voting by mail
10-69 if the voter has a sickness or physical condition that prevents the
11-1 voter from appearing at the polling place on election day without a
11-2 likelihood of needing personal assistance or of injuring the
11-3 voter's [his] health.
11-4 SECTION 70. Section 82.004(b), Election Code, is amended to
11-5 read as follows:
11-6 (b) A voter confined in jail who is eligible for early
11-7 voting is not entitled to vote by personal appearance unless the
11-8 authority in charge of the jail, in the authority's [his]
11-9 discretion, permits the voter to do so.
11-10 SECTION 71. Section 84.008(a), Election Code, is amended to
11-11 read as follows:
11-12 (a) An applicant for a ballot to be voted by mail may submit
11-13 the [his] application by delivering it in person to the early
11-14 voting clerk if the application is submitted not later than the
11-15 close of regular business in the clerk's office on the day before
11-16 the first day of the period for early voting by personal
11-17 appearance.
11-18 SECTION 72. Section 84.011(a), Election Code, is amended to
11-19 read as follows:
11-20 (a) The officially prescribed application form for an early
11-21 voting ballot must include:
11-22 (1) immediately preceding the signature space the
11-23 statement: "I certify that the information given in this
11-24 application is true, and I understand that giving false information
11-25 in this application is a crime.";
11-26 (2) a statement informing voters of the offense
11-27 prescribed by Section 84.004;
11-28 (3) spaces for entering an applicant's voter
11-29 registration number and county election precinct of registration,
11-30 with a statement informing the applicant that failure to furnish
11-31 that information does not invalidate the application; and
11-32 (4) on an application for a ballot to be voted by
11-33 mail:
11-34 (A) a space for an applicant applying on the
11-35 ground of absence from the county of residence to indicate the date
11-36 on or after which the applicant can receive mail at the address
11-37 outside the county;
11-38 (B) a space for indicating the fact that an
11-39 applicant whose application is signed by a witness cannot make the
11-40 applicant's [his] mark and a space for indicating the relationship
11-41 or the lack of relationship of the witness to the applicant; and
11-42 (C) a space for entering an applicant's
11-43 telephone number, with a statement informing the applicant that
11-44 failure to furnish that information does not invalidate the
11-45 application.
11-46 SECTION 73. Section 84.012, Election Code, is amended to
11-47 read as follows:
11-48 Sec. 84.012. Clerk to Mail Application Form on Request. The
11-49 early voting clerk shall mail without charge an appropriate
11-50 official application form for an early voting ballot to each person
11-51 requesting the clerk to send the person [him] an application form.
11-52 SECTION 74. Section 85.032(d), Election Code, is amended to
11-53 read as follows:
11-54 (d) Each custodian shall retain possession of the key
11-55 entrusted to the custodian [him] until it is delivered to the early
11-56 voting ballot board under Subchapter B, Chapter 87.
11-57 SECTION 75. Section 86.008(b), Election Code, is amended to
11-58 read as follows:
11-59 (b) The clerk shall include with the application form mailed
11-60 or delivered to the applicant a written notice containing:
11-61 (1) a brief explanation of each defect in the
11-62 noncomplying application;
11-63 (2) a statement informing the voter that the voter
11-64 [he] is not entitled to vote an early voting ballot unless the
11-65 application complies with all legal requirements; and
11-66 (3) instructions for submitting the second
11-67 application.
11-68 SECTION 76. Section 86.009(c), Election Code, is amended to
11-69 read as follows:
12-1 (c) Before mailing the corrected ballot to the voter, the
12-2 clerk shall place a notation on the carrier envelope indicating
12-3 that the ballot is a corrected ballot being provided under this
12-4 section. The clerk shall also indicate on the voter's application
12-5 that the voter [he] was provided a corrected ballot.
12-6 SECTION 77. Section 86.011(d), Election Code, is amended to
12-7 read as follows:
12-8 (d) Notwithstanding any other provisions of this code, if
12-9 the clerk receives a timely carrier envelope that does not fully
12-10 comply with the applicable requirements prescribed by this title,
12-11 the clerk may deliver the carrier envelope in person or by mail to
12-12 the voter and may receive, before the deadline, the corrected
12-13 carrier envelope from the voter, or the clerk may notify the voter
12-14 of the defect by telephone and advise the voter that the voter [he]
12-15 may come to the clerk's office in person to correct the defect or
12-16 cancel the voter's [his] application to vote by mail and vote on
12-17 election day. If the procedures authorized by this subsection are
12-18 used, they must be applied uniformly to all carrier envelopes
12-19 covered by this subsection. A poll watcher is entitled to observe
12-20 the procedures under this subsection. The secretary of state may
12-21 prescribe any other procedures necessary to implement this
12-22 subsection including requirements for posting notice of any
12-23 deliveries.
12-24 SECTION 78. Section 87.0221(c), Election Code, is amended to
12-25 read as follows:
12-26 (c) At least 24 hours before each delivery, the early voting
12-27 clerk shall notify the county chair [chairman] of each political
12-28 party having a nominee on the ballot of the time the delivery is to
12-29 be made.
12-30 SECTION 79. Section 87.023(c), Election Code, is amended to
12-31 read as follows:
12-32 (c) At least 24 hours before the first delivery of ballots
12-33 covered by Subsection (b), the early voting clerk shall notify the
12-34 county chair [chairman] of each political party having a nominee on
12-35 the ballot of the time the first delivery is to be made.
12-36 SECTION 80. Section 87.024(c), Election Code, is amended to
12-37 read as follows:
12-38 (c) At least 24 hours before the delivery, the early voting
12-39 clerk shall notify the county chair [chairman] of each political
12-40 party having a nominee on the ballot of the time the delivery is to
12-41 be made.
12-42 SECTION 81. Section 87.025, Election Code, is amended to
12-43 read as follows:
12-44 Sec. 87.025. Delivering Second Ballot Box Key to Board. On
12-45 request of the presiding officer of the early voting ballot board,
12-46 the custodian of the key to the second lock on the early voting
12-47 ballot boxes shall deliver the custodian's [his] key for each box
12-48 to the presiding officer.
12-49 SECTION 82. Sections 87.027(b), (c), and (i), Election Code,
12-50 are amended to read as follows:
12-51 (b) The following authority is responsible for appointing
12-52 the members of a signature verification committee:
12-53 (1) the county election board, in an election for
12-54 which the board is established;
12-55 (2) the county chair [chairman], in a primary
12-56 election; and
12-57 (3) the governing body of the political subdivision,
12-58 in an election ordered by an authority of a political subdivision
12-59 other than a county.
12-60 (c) Not later than the fifth day after the date the early
12-61 voting clerk issues the order calling for the appointment of a
12-62 signature verification committee, the appropriate authority shall
12-63 appoint the members of the committee and designate one of the
12-64 appointees as chair [chairman]. The authority shall fill a vacancy
12-65 on the committee by appointment as soon as possible after the
12-66 vacancy occurs. The early voting clerk shall post notice of the
12-67 name and residence address of each appointee. The notice must
12-68 remain posted continuously for the period beginning the day after
12-69 the date of the appointment and ending on the last day of the
13-1 committee's operation in the election.
13-2 (i) The signature verification committee shall compare the
13-3 signature on each carrier envelope certificate, except those signed
13-4 for a voter by a witness, with the signature on the voter's ballot
13-5 application to determine whether the signatures are those of the
13-6 same person. The committee shall place the jacket envelopes,
13-7 carrier envelopes, and applications of voters whose signatures do
13-8 not match in separate containers from those of voters whose
13-9 signatures match. The committee chair [chairman] shall deliver the
13-10 sorted materials to the early voting ballot board at the time
13-11 specified by the board's presiding judge but within the period
13-12 permitted for the early voting clerk's delivery of early voting
13-13 ballots to the board.
13-14 SECTION 83. Section 87.121(f), Election Code, is amended to
13-15 read as follows:
13-16 (f) Information on the roster for a person to whom an early
13-17 voting mail ballot has been sent is not available for public
13-18 inspection, except to the voter seeking to verify that the
13-19 information pertaining to the voter [him] is accurate, until 24
13-20 hours after the time a ballot was mailed to the voter.
13-21 SECTION 84. Section 104.004(e), Election Code, is amended to
13-22 read as follows:
13-23 (e) If the voter is physically unable to enter the early
13-24 voting polling place without personal assistance or a likelihood of
13-25 injuring the voter's [his] health, the clerk shall deliver the
13-26 balloting materials to the voter at the polling place entrance or
13-27 curb.
13-28 SECTION 85. Section 124.065, Election Code, is amended to
13-29 read as follows:
13-30 Sec. 124.065. Paper Ballot for Office of Precinct Chair
13-31 [Chairman]. (a) The authority adopting an electronic voting
13-32 system for use in a primary election may provide by resolution,
13-33 order, or other official action for voting by paper ballot for the
13-34 party office of precinct chair [chairman].
13-35 (b) The paper ballot for precinct chair [chairman] must
13-36 conform to the applicable standards governing regular paper
13-37 ballots, except that the ballot shall be limited to the office of
13-38 precinct chair [chairman].
13-39 (c) The secretary of state shall prescribe the form of the
13-40 ballot for precinct chair [chairman] consistent with this section.
13-41 SECTION 86. Section 125.031(d), Election Code, is amended to
13-42 read as follows:
13-43 (d) Not later than the day before the date of the inspection
13-44 of machines, the authority shall notify the county chair [chairman]
13-45 of each political party with a nominee on the ballot of the place,
13-46 date, and hour of the inspection. The county chair [chairman] or
13-47 the chair's [his] designee is entitled to observe the inspection
13-48 and securing of the machines.
13-49 SECTION 87. Section 125.033(a), Election Code, is amended to
13-50 read as follows:
13-51 (a) In an election in which paper write-in ballots are used,
13-52 a voter who has been accepted to vote by voting machine is entitled
13-53 to a paper write-in ballot on request if the voter executes the
13-54 following affidavit:
13-55 "State of Texas
13-56 "County of __________________________
13-57 "Before me, the undersigned authority, on this day personally
13-58 appeared ________________________________, who, having been by me
13-59 first duly sworn, on the person's [his] oath did depose and say:
13-60 " 'I have not and will not cast a vote on the voting machine
13-61 for the office for which I am casting a write-in ballot.'
13-62 ________________________________
13-63 Voter
13-64 "Subscribed and sworn before me this ______ day of
13-65 __________________, 19____.
13-66 ________________________________________________
13-67 Election Officer of Polling Place______________,
13-68 ______________________ County, Texas"
13-69 SECTION 88. Section 126.035(b), Election Code, is amended to
14-1 read as follows:
14-2 (b) On completion of an examination, the authority that
14-3 ordered the examination shall have the machine restored to its
14-4 secured condition. The person in charge of the examination shall
14-5 replace the keys to the machine in their envelope, seal the
14-6 envelope, sign the person's [his] name across the seal, and return
14-7 the sealed envelope to the machine's custodian.
14-8 SECTION 89. Section 127.037(b), Election Code, is amended to
14-9 read as follows:
14-10 (b) The officers shall present the ballot box to the
14-11 presiding judge of the counting station or to the judge's [his]
14-12 designee.
14-13 SECTION 90. Sections 127.038(a)-(c), Election Code, are
14-14 amended to read as follows:
14-15 (a) On receipt of ballot box no. 3, the presiding judge of
14-16 the central counting station or the judge's [his] designee shall
14-17 give a signed receipt for the box to one of the delivering
14-18 officers. The presiding judge at the polling place shall preserve
14-19 the receipt for the period for preserving the precinct election
14-20 records.
14-21 (b) Before opening the ballot box, the presiding judge of
14-22 the counting station or the judge's [his] designee shall inspect
14-23 the box and the seal to determine if they are intact and shall
14-24 determine if the serial number on the seal corresponds with the
14-25 number indicated on the record of serial numbers at the counting
14-26 station. If the box and seal are intact and the serial numbers
14-27 correspond, the judge or designee shall break the seal and open the
14-28 box.
14-29 (c) On opening the ballot box, the judge or the judge's
14-30 [his] designee shall determine if the serial number on the seal
14-31 corresponds with the serial number indicated on the certificate
14-32 inside the ballot box.
14-33 SECTION 91. Sections 127.068(a) and (b), Election Code, are
14-34 amended to read as follows:
14-35 (a) On receipt of a sealed ballot box, the presiding judge
14-36 of the central counting station or the judge's [his] designee shall
14-37 give a signed receipt for the box to one of the delivering
14-38 officers. The presiding judge at the polling place shall preserve
14-39 the receipt for the period for preserving the precinct election
14-40 records.
14-41 (b) Before opening the ballot box, the presiding judge of
14-42 the counting station or the judge's [his] designee shall inspect
14-43 the box, the seal of the box, and the seal of the deposit slot to
14-44 determine if they are intact and shall determine if the serial
14-45 number on the seal of the box corresponds with the number indicated
14-46 on the record of serial numbers at the counting station. If the
14-47 box and both seals are intact and the serial numbers correspond,
14-48 the judge or designee shall break the seals, unlock the lock, and
14-49 open the box.
14-50 SECTION 92. Section 127.124(c), Election Code, is amended to
14-51 read as follows:
14-52 (c) The boxes in which the ballots are delivered to the
14-53 counting station may be returned to the polling places for use in
14-54 subsequent deliveries. If a box to be reused is a sealed ballot
14-55 box authorized by Subchapter C, the authority responsible for
14-56 distributing election supplies to the polling places, or the
14-57 authority's [his] designee, shall lock and seal the box at the
14-58 counting station in the same manner as for the initial locking and
14-59 sealing of the box and then deliver it to the appropriate polling
14-60 place.
14-61 SECTION 93. Section 141.038(a), Election Code, is amended to
14-62 read as follows:
14-63 (a) A filing fee paid in connection with a candidate's
14-64 application for a place on the ballot shall be refunded to the
14-65 candidate or to the candidate's [his] estate, as appropriate, if
14-66 before the date of the election for which the application is made:
14-67 (1) the candidate dies;
14-68 (2) the candidate is declared ineligible; or
14-69 (3) the candidate's application for a place on the
15-1 ballot is determined not to comply with the requirements as to
15-2 form, content, and procedure that it must satisfy for the
15-3 candidate's name to be placed on the ballot.
15-4 SECTION 94. Section 141.066(c), Election Code, is amended to
15-5 read as follows:
15-6 (c) A signature on a candidate's petition is invalid if the
15-7 signer signed the petition subsequent to [his] signing a petition
15-8 of another candidate for the same office in the same election.
15-9 SECTION 95. Sections 141.067(b) and (f), Election Code, are
15-10 amended to read as follows:
15-11 (b) To withdraw a signature, the signer must request that
15-12 the signer's [his] signature be withdrawn.
15-13 (f) The filing of an effective withdrawal request nullifies
15-14 the signature on the petition and places the signer in the same
15-15 position as if the signer [he] had not signed the petition.
15-16 SECTION 96. Section 141.070(c), Election Code, is amended to
15-17 read as follows:
15-18 (c) Not later than the 30th day after the date the secretary
15-19 of state or county clerk receives an estimate request, the
15-20 secretary or clerk shall certify the secretary's or clerk's [his]
15-21 estimate in writing and deliver a copy of the certification to the
15-22 candidate and to the authority with whom the candidate's
15-23 application for a place on the ballot is required to be filed.
15-24 SECTION 97. Section 142.003, Election Code, is amended to
15-25 read as follows:
15-26 Sec. 142.003. Preservation of Declaration. The authority
15-27 with whom a declaration of intent is required to be filed shall
15-28 preserve each declaration filed with the authority [him] until the
15-29 day after general election day.
15-30 SECTION 98. Section 145.001(a), Election Code, is amended to
15-31 read as follows:
15-32 (a) To withdraw from an election, a candidate whose name is
15-33 to appear on the ballot must request that the candidate's [his]
15-34 name be omitted from the ballot.
15-35 SECTION 99. Section 145.005(d), Election Code, is amended to
15-36 read as follows:
15-37 (d) In a race in which a runoff is required, if the deceased
15-38 or ineligible candidate received the vote that would entitle the
15-39 candidate [him] to a place on the runoff election ballot or tied
15-40 for that number of votes, the candidates in the runoff shall be
15-41 determined in the regular manner but without regard to the votes
15-42 received by the deceased or ineligible candidate.
15-43 SECTION 100. Section 145.034, Election Code, is amended to
15-44 read as follows:
15-45 Sec. 145.034. Copy of Withdrawal Request Delivered to
15-46 Executive Committee. At the same time a withdrawal request is
15-47 filed, a candidate must deliver a copy of the request to the chair
15-48 [chairman] of the executive committee authorized to fill a vacancy
15-49 in the nomination. If a vacancy exists in the office of chair
15-50 [chairmanship] of a precinct or district executive committee, the
15-51 copy must be delivered to:
15-52 (1) the chair [chairman] of the state executive
15-53 committee, for a district office; or
15-54 (2) the chair [chairman] of the county executive
15-55 committee, for a precinct office.
15-56 SECTION 101. Section 145.036(b), Election Code, is amended
15-57 to read as follows:
15-58 (b) An executive committee may make a replacement nomination
15-59 following a withdrawal only if:
15-60 (1) the candidate:
15-61 (A) withdraws because of a catastrophic illness
15-62 that was diagnosed after the 62nd day before general primary
15-63 election day and the illness would permanently and continuously
15-64 incapacitate the candidate and prevent the candidate [him] from
15-65 performing the duties of the office sought; and
15-66 (B) files with the withdrawal request a
15-67 certificate describing the illness and signed by at least two
15-68 licensed physicians;
15-69 (2) no political party that held primary elections has
16-1 a nominee for the office sought by the withdrawing candidate as of
16-2 the time of the withdrawal; or
16-3 (3) the candidate has been elected or appointed to
16-4 fill a vacancy in another elective office or has become the nominee
16-5 for another office.
16-6 SECTION 102. Sections 145.037(a), (b), and (d), Election
16-7 Code, are amended to read as follows:
16-8 (a) For the name of a replacement nominee to be placed on
16-9 the general election ballot, the chair [chairman] of the executive
16-10 committee making the replacement nomination must certify in writing
16-11 the nominee's name for placement on the ballot as provided by this
16-12 section.
16-13 (b) The certification must be signed and acknowledged by the
16-14 chair [chairman].
16-15 (d) The chair [chairman] must deliver the certification to:
16-16 (1) the secretary of state, for a statewide or
16-17 district office; or
16-18 (2) the authority responsible for having the official
16-19 ballot prepared, for a county or precinct office.
16-20 SECTION 103. Section 145.038(b), Election Code, is amended
16-21 to read as follows:
16-22 (b) The state chair [chairman] must deliver the
16-23 certification of the replacement nominee not later than 5 p.m. of
16-24 the 57th day before election day.
16-25 SECTION 104. Section 145.064(b), Election Code, is amended
16-26 to read as follows:
16-27 (b) The name of a deceased candidate may not be omitted if:
16-28 (1) the decedent was the incumbent in the office for
16-29 which the decedent [he] was a candidate; or
16-30 (2) no other candidate's name is to appear on the
16-31 ballot in the race in which the decedent was a candidate.
16-32 SECTION 105. Section 161.005(a), Election Code, is amended
16-33 to read as follows:
16-34 (a) To be eligible to be a candidate for or to serve as a
16-35 county or precinct chair [chairman] of a political party, a person
16-36 must:
16-37 (1) be a qualified voter of the county; and
16-38 (2) not be a candidate for nomination or election to,
16-39 or be the holder of, an elective office of the federal, state, or
16-40 county government.
16-41 SECTION 106. Section 161.007(a), Election Code, is amended
16-42 to read as follows:
16-43 (a) A person commits an offense if, with respect to another
16-44 over whom the person has authority in the scope of employment, the
16-45 person knowingly:
16-46 (1) refuses to permit the other person to be absent
16-47 from work for the purpose of attending a precinct convention in
16-48 which the other person [he] is eligible to participate or attending
16-49 a county, district, or state convention to which the other person
16-50 [he] is a delegate; or
16-51 (2) subjects or threatens to subject the other person
16-52 to a penalty for the purpose of preventing or retaliating for the
16-53 other person's [his] attendance at a precinct convention in which
16-54 the other person [he] is eligible to participate or for the other
16-55 person's [his] attendance at a county, district, or state
16-56 convention to which the other person [he] is a delegate.
16-57 SECTION 107. Section 162.004(b), Election Code, is amended
16-58 to read as follows:
16-59 (b) An election officer at a primary election polling place
16-60 shall stamp the party's name in the party affiliation space of the
16-61 registration certificate of each voter who presents the voter's
16-62 [his] registration certificate and is accepted to vote unless the
16-63 party name has already been stamped in the space.
16-64 SECTION 108. Sections 162.007(b) and (c), Election Code, are
16-65 amended to read as follows:
16-66 (b) On admitting a person for participation in the
16-67 convention, the temporary chair [chairman] shall administer to the
16-68 person the following oath: "I swear that I have not voted in a
16-69 primary election or participated in a convention of another party
17-1 during this voting year. I hereby affiliate myself with the
17-2 __________ Party."
17-3 (c) After administering the oath, the temporary chair
17-4 [chairman] shall request the person's registration certificate and
17-5 stamp the party's name in the party affiliation space unless the
17-6 party name has already been stamped in the space. If the person
17-7 does not present a registration certificate, the temporary chair
17-8 [chairman] on the person's request shall issue the person [him] an
17-9 affiliation certificate.
17-10 SECTION 109. Section 162.008(c), Election Code, is amended
17-11 to read as follows:
17-12 (c) After administering the oath, the committee member shall
17-13 stamp the party's name on the person's registration certificate or
17-14 issue the person [him] an affiliation certificate as provided by
17-15 Section 162.007(c).
17-16 SECTION 110. Sections 163.005(a), (c), and (d), Election
17-17 Code, are amended to read as follows:
17-18 (a) The state chair [chairman] shall file a copy of each
17-19 rule on electoral affairs with the secretary of state.
17-20 (c) If the state chair [chairman] fails to make a timely
17-21 filing, any member of the state executive committee may make the
17-22 filing.
17-23 (d) A filing must be accompanied by a written statement
17-24 signed by the state chair [chairman] or any two members of the
17-25 state executive committee indicating whether the rule is temporary
17-26 or permanent.
17-27 SECTION 111. Section 163.006(d), Election Code, is amended
17-28 to read as follows:
17-29 (d) Before January 15 of each year in which political
17-30 parties hold precinct conventions under this title, the secretary
17-31 of state shall deliver written notice of the requirements of this
17-32 section to the state chair [chairman] of each party that had a
17-33 nominee for a statewide or district office on the most recent
17-34 general election ballot.
17-35 SECTION 112. Sections 171.002(b) and (c), Election Code, are
17-36 amended to read as follows:
17-37 (b) In addition to the members representing the senatorial
17-38 districts, the committee has a chair [chairman] and a vice chair
17-39 [vice-chairman], one of whom must be a man and the other a woman.
17-40 Except as otherwise provided by party rule, the chair [chairman]
17-41 and vice chair [vice-chairman] are considered members of the
17-42 committee.
17-43 (c) The chair, vice chair [chairman, vice-chairman], and
17-44 members representing the senatorial districts are elected at the
17-45 party's biennial state convention. However, the chair, vice chair
17-46 [chairman, vice-chairman], and members may be elected for four-year
17-47 terms at the state convention held in gubernatorial election years.
17-48 Each holds office until a successor is elected and assumes office.
17-49 SECTION 113. Section 171.003(a), Election Code, is amended
17-50 to read as follows:
17-51 (a) The state executive committee shall fill by appointment
17-52 any vacancy on the committee, including a vacancy in the office of
17-53 chair [chairman] or vice chair [vice-chairman].
17-54 SECTION 114. Section 171.022(a), Election Code, is amended
17-55 to read as follows:
17-56 (a) A county executive committee consists of:
17-57 (1) a county chair [chairman], who is the presiding
17-58 officer, elected at the general primary election by majority vote
17-59 of the qualified voters of the county who vote in the primary on
17-60 that office or appointed by the county executive committee as
17-61 provided by this subchapter; and
17-62 (2) a precinct chair [chairman] from each county
17-63 election precinct, elected at the general primary by majority vote
17-64 of the qualified voters of the precinct who vote in the primary on
17-65 that office or appointed by the county executive committee as
17-66 provided by this subchapter.
17-67 SECTION 115. Sections 171.023(a)-(c), Election Code, are
17-68 amended to read as follows:
17-69 (a) To be eligible to be a candidate for or to serve as a
18-1 precinct chair [chairman], a person must reside in the election
18-2 precinct in addition to satisfying the other applicable eligibility
18-3 requirements.
18-4 (b) A change in a county election precinct boundary creates
18-5 a vacancy in the office of precinct chair [chairman] if more than
18-6 one precinct chair [chairman] resides in the changed precinct or if
18-7 none resides there.
18-8 (c) For the purpose of determining whether a precinct chair
18-9 [chairman] is a resident of a particular county election precinct,
18-10 a change in a precinct boundary is not effective until February 1
18-11 following the adoption of the order making the change, except as
18-12 provided by Subsection (d).
18-13 SECTION 116. Section 171.024(d), Election Code, is amended
18-14 to read as follows:
18-15 (d) After a vacancy is filled, the county chair [chairman]
18-16 shall promptly deliver written notice of the replacement member's
18-17 name and address to the state chair [chairman] and to the county
18-18 clerk.
18-19 SECTION 117. Section 171.025, Election Code, is amended to
18-20 read as follows:
18-21 Sec. 171.025. Procedure for Filling Vacancy in Office of
18-22 County Chair [Chairmanship]. (a) If a vacancy occurs in the
18-23 office of county chair [chairman], the secretary of the county
18-24 executive committee shall call a meeting for the purpose of filling
18-25 the vacancy. If a committee member files with the secretary a
18-26 written request for a meeting to fill a vacancy, the secretary
18-27 shall call the meeting to convene not later than the 20th day after
18-28 the date the secretary receives the request.
18-29 (b) If the committee does not have a secretary or if after
18-30 receiving a written request under Subsection (a) the secretary
18-31 fails to call the meeting, the state chair [chairman], on written
18-32 request of a member of the county executive committee filed with
18-33 the state chair [chairman], shall call the meeting to convene not
18-34 later than the 20th day after the date the chair [chairman]
18-35 receives the request.
18-36 (c) The authority calling the meeting shall notify each
18-37 committee member in advance of the meeting of its time, place, and
18-38 purpose.
18-39 (d) The authority calling the meeting shall designate a
18-40 committee member as temporary chair [chairman], who shall call the
18-41 meeting to order and preside until the vacancy is filled.
18-42 SECTION 118. Sections 171.027(b) and (c), Election Code, are
18-43 amended to read as follows:
18-44 (b) The state executive committee shall appoint a temporary
18-45 county chair [chairman]. To be appointed, a person must receive a
18-46 favorable vote of a majority of the committee's membership.
18-47 (c) The temporary county chair [chairman] shall call, for
18-48 the purpose of electing the other members of a temporary county
18-49 executive committee, a meeting of the voters of the county who
18-50 consider themselves to be aligned with the party. The voters
18-51 present at the meeting shall elect the other members of the
18-52 committee.
18-53 SECTION 119. Section 171.052, Election Code, is amended to
18-54 read as follows:
18-55 Sec. 171.052. Committee Composition: District Coterminous
18-56 With County. The district executive committee for a district that
18-57 is coterminous with a single county consists of the county
18-58 executive committee, with the county chair [chairman] serving as
18-59 chair [chairman] of the district committee.
18-60 SECTION 120. Section 171.053, Election Code, is amended to
18-61 read as follows:
18-62 Sec. 171.053. Committee Composition: District Comprising
18-63 Part of a County; First Meeting. (a) The district executive
18-64 committee for a district comprising only a part of a single county
18-65 consists of the precinct chairs [chairmen] of the county election
18-66 precincts in the district.
18-67 (b) The members of a district executive committee shall
18-68 elect a chair [chairman] at the committee's first meeting from
18-69 among the committee membership.
19-1 (c) Except as provided by Subsection (d), the county chair
19-2 [chairman] shall call the first meeting of the district executive
19-3 committee to convene at any time after the precinct chairs
19-4 [chairmen] take office. The county chair [chairman] shall notify
19-5 each committee member in advance of the meeting of its time, place,
19-6 and purpose.
19-7 (d) If a vacancy exists in the office of chair
19-8 [chairmanship] of a senatorial district executive committee
19-9 immediately before the date for conducting the regular drawing for
19-10 a place on the general primary ballot, the committee shall convene
19-11 on that date at the hour and place specified by the county chair
19-12 [chairman] to elect the district executive committee chair
19-13 [chairman].
19-14 (e) Not later than the third day after the date the chair
19-15 [chairman] for a senatorial district executive committee is
19-16 elected, the county chair [chairman] shall deliver to the state
19-17 chair [chairman] written notice of the name and address of the
19-18 person elected.
19-19 SECTION 121. Section 171.054, Election Code, is amended to
19-20 read as follows:
19-21 Sec. 171.054. Committee Composition: District Situated in
19-22 More Than One County; First Meeting. (a) The district executive
19-23 committee for a district situated in more than one county consists
19-24 of:
19-25 (1) the county chair [chairman] of each county that is
19-26 wholly situated in the district; and
19-27 (2) one precinct chair [chairman] from each county
19-28 that is only partly situated in the district, elected by and from
19-29 among the precinct chairs [chairmen] of the precincts in that part
19-30 of the county.
19-31 (b) Except as provided by Subsection (c), the county chair
19-32 [chairman] shall call a meeting to convene at any time after the
19-33 precinct chairs [chairmen] take office to elect the precinct chair
19-34 [chairman] who is to serve on a district executive committee. The
19-35 county chair [chairman] shall notify the appropriate precinct
19-36 chairs [chairmen] in advance of the meeting of its time, place, and
19-37 purpose. Not later than the third day after the date the district
19-38 executive committee member is elected, the county chair [chairman]
19-39 shall deliver to the state chair [chairman] written notice of the
19-40 name and address of the person elected.
19-41 (c) If a vacancy exists in the office of precinct chair
19-42 [chairman position] on a senatorial district executive committee
19-43 immediately before the date for conducting the regular drawing for
19-44 a place on the general primary ballot, the appropriate precinct
19-45 chairs [chairmen] shall convene on that date at the hour and place
19-46 specified by the county chair [chairman] to elect that officer.
19-47 (d) The members of a district executive committee shall
19-48 elect a chair [chairman] at the committee's first meeting from
19-49 among the committee membership.
19-50 (e) The state chair [chairman] shall call the first meeting
19-51 of the district executive committee and shall notify each committee
19-52 member in advance of the meeting of its time, place, and purpose.
19-53 SECTION 122. Section 171.072, Election Code, is amended to
19-54 read as follows:
19-55 Sec. 171.072. Committee Composition: Precinct With Three or
19-56 More Election Precincts; First Meeting. (a) The precinct
19-57 executive committee for a commissioners precinct or for a justice
19-58 precinct containing three or more county election precincts
19-59 consists of the precinct chair [chairman] of each county election
19-60 precinct in the commissioners or justice precinct, as applicable.
19-61 (b) The members of a precinct executive committee shall
19-62 elect a chair [chairman] at the committee's first meeting from
19-63 among the committee membership.
19-64 (c) The county chair [chairman] shall call the first meeting
19-65 of the precinct executive committee and shall notify each committee
19-66 member in advance of the meeting of its time, place, and purpose.
19-67 SECTION 123. Section 171.073, Election Code, is amended to
19-68 read as follows:
19-69 Sec. 171.073. Committee Composition: Precinct With Fewer
20-1 Than Three Election Precincts. The precinct executive committee
20-2 for a commissioners precinct or for a justice precinct containing
20-3 fewer than three county election precincts consists of the county
20-4 executive committee, with the county chair [chairman] serving as
20-5 chair [chairman] of the precinct committee.
20-6 SECTION 124. Section 172.002(c), Election Code, is amended
20-7 to read as follows:
20-8 (c) For a political party to be entitled to hold a primary
20-9 election under this section, the state chair [chairman], not later
20-10 than one year before general election day, must deliver written
20-11 notice to the secretary of state that the party will hold a primary
20-12 election in the general election year.
20-13 SECTION 125. Sections 172.021(b) and (f), Election Code, are
20-14 amended to read as follows:
20-15 (b) An application must, in addition to complying with
20-16 Section 141.031, be accompanied by the appropriate filing fee or,
20-17 instead of the filing fee, a petition that satisfies the
20-18 requirements prescribed by Section 141.062. A political party may
20-19 not require payment of a fee as a condition to applying for a place
20-20 on the ballot as a candidate for county chair [chairman] or
20-21 precinct chair [chairman].
20-22 (f) A political party's state executive committee by rule
20-23 may require that an application for the office of county chair
20-24 [chairman] be accompanied by a nominating petition containing the
20-25 signatures of at least 10 percent of the incumbent precinct chairs
20-26 [chairmen] serving on the county executive committee.
20-27 SECTION 126. Section 172.022, Election Code, is amended to
20-28 read as follows:
20-29 Sec. 172.022. Authority With Whom Application Filed.
20-30 (a) An application for a place on the general primary election
20-31 ballot must be filed with:
20-32 (1) the state chair [chairman], for an office filled
20-33 by voters of more than one county; or
20-34 (2) the county chair [chairman] or the secretary, if
20-35 any, of the county executive committee, for an office filled by
20-36 voters of a single county.
20-37 (b) Not later than the day before the last day of the filing
20-38 period, the county chair [chairman] shall post on the bulletin
20-39 board used for posting notice of meetings of the commissioners
20-40 court a notice of the address at which the county chair [chairman]
20-41 or secretary will be available to receive applications on the last
20-42 day of the filing period. Section 1.006 does not apply to this
20-43 subsection.
20-44 SECTION 127. Section 172.023(b), Election Code, is amended
20-45 to read as follows:
20-46 (b) An application, other than an application for the office
20-47 of precinct chair [chairman], may not be filed earlier than the
20-48 30th day before the date of the regular filing deadline. An
20-49 application for the office of precinct chair [chairman] may not be
20-50 filed earlier than the 90th day before the date of the regular
20-51 filing deadline.
20-52 SECTION 128. Section 172.027, Election Code, is amended to
20-53 read as follows:
20-54 Sec. 172.027. Statement on Petition. The following
20-55 statement must appear at the top of each page of a petition to be
20-56 filed under Section 172.021: "I know that the purpose of this
20-57 petition is to entitle (insert candidate's name) to have his or her
20-58 name placed on the ballot for the office of (insert office title,
20-59 including any place number or other distinguishing number) for the
20-60 (insert political party's name) primary election. I understand
20-61 that by signing this petition I become ineligible to vote in a
20-62 primary election or participate in a convention of another party,
20-63 including a party not holding a primary election, during the voting
20-64 year in which this primary election is held."
20-65 SECTION 129. Section 172.028, Election Code, is amended to
20-66 read as follows:
20-67 Sec. 172.028. STATE CHAIR'S [CHAIRMAN'S] CERTIFICATION OF
20-68 NAMES FOR PLACEMENT ON GENERAL PRIMARY BALLOT. (a) Except as
20-69 provided by Subsection (c), the state chair [chairman] shall
21-1 certify in writing for placement on the general primary election
21-2 ballot the name of each candidate who files with the chair
21-3 [chairman] an application that complies with Section 172.021(b).
21-4 (b) Not later than the 57th day before general primary
21-5 election day, the state chair [chairman] shall deliver the
21-6 certification to the county chair [chairman] in each county in
21-7 which the candidate's name is to appear on the ballot.
21-8 (c) A candidate's name may not be certified:
21-9 (1) if, before delivering the certification, the state
21-10 chair [chairman] learns that the name is to be omitted from the
21-11 ballot under Section 172.057; or
21-12 (2) for an office for which the candidate's
21-13 application is invalid under Section 141.033.
21-14 (d) A copy of each certification shall be made available on
21-15 request, without charge, to each newspaper published in this state
21-16 and to each licensed radio and television station in this state.
21-17 SECTION 130. Sections 172.029(a) and (c), Election Code, are
21-18 amended to read as follows:
21-19 (a) For each general primary election, the state chair
21-20 [chairman] and each county chair [chairman] shall prepare a list
21-21 containing the name of each candidate who files an application for
21-22 a place on the ballot with the chair [him], as the name is to
21-23 appear on the ballot, and containing the candidate's address as
21-24 shown on the application.
21-25 (c) Not later than the 10th day after the date of the
21-26 regular filing deadline for candidates' applications, the state
21-27 chair [chairman] shall deliver the chair's [his] list to the
21-28 secretary of state, and each county chair [chairman] shall deliver
21-29 a copy of the chair's [his] list to the county clerk, the state
21-30 chair [chairman], and the secretary of state.
21-31 SECTION 131. Sections 172.054(a) and (b), Election Code, are
21-32 amended to read as follows:
21-33 (a) The deadline for filing an application for a place on
21-34 the general primary election ballot is extended as provided by this
21-35 section if a candidate who has made an application that complies
21-36 with the applicable requirements:
21-37 (1) dies on or after the fifth day before the date of
21-38 the regular filing deadline and on or before the 62nd day before
21-39 general primary election day;
21-40 (2) holds the office for which the [his] application
21-41 was made and withdraws or is declared ineligible on or after the
21-42 date of the regular filing deadline and on or before the 62nd day
21-43 before general primary election day; or
21-44 (3) withdraws or is declared ineligible during the
21-45 period prescribed by Subdivision (2), and at the time of the
21-46 withdrawal or declaration of ineligibility no other candidate has
21-47 made an application that complies with the applicable requirements
21-48 for the office sought by the withdrawn or ineligible candidate.
21-49 (b) An application for an office sought by a withdrawn,
21-50 deceased, or ineligible candidate must be filed not later than 6
21-51 p.m. of the 60th day before general primary election day. An
21-52 application filed by mail with the state chair [chairman] is not
21-53 timely if received later than 5 p.m. of the 60th day before general
21-54 primary election day.
21-55 SECTION 132. Sections 172.055(c) and (d), Election Code, are
21-56 amended to read as follows:
21-57 (c) Not later than 24 hours after the candidate withdraws or
21-58 is declared ineligible or after the authority preparing the notice
21-59 learns of the candidate's death, as applicable, the authority shall
21-60 deliver a copy of the notice to:
21-61 (1) at least one daily newspaper published in the
21-62 county or, if none, at least one weekly newspaper published there,
21-63 if any, for a notice prepared by the county chair [chairman];
21-64 (2) at least three daily newspapers that regularly
21-65 maintain a news representative at the State Capitol, for a notice
21-66 applicable to a statewide office; or
21-67 (3) at least one daily newspaper published in each
21-68 county wholly or partly situated in the district or, if none, at
21-69 least one weekly newspaper published there, if any, for a notice
22-1 prepared by the state chair [chairman] for a district office.
22-2 (d) A county or state chair's [chairman's] failure to
22-3 perform a duty prescribed by this section is cause for the
22-4 officer's removal by the executive committee over which the chair
22-5 [he] presides.
22-6 SECTION 133. Section 172.056(b), Election Code, is amended
22-7 to read as follows:
22-8 (b) The list prepared under this section is subject to the
22-9 requirements prescribed by Section 172.029 except that the list
22-10 must be delivered to the secretary of state, county clerk, and
22-11 state chair [chairman], as applicable, not later than the seventh
22-12 day after the date of the extended deadline.
22-13 SECTION 134. Section 172.058(c), Election Code, is amended
22-14 to read as follows:
22-15 (c) In a race in which a runoff is required, if the deceased
22-16 or ineligible candidate received the vote that would entitle the
22-17 candidate [him] to a place on the runoff primary ballot or tied for
22-18 that number of votes, the candidates in the runoff shall be
22-19 determined in the regular manner but without regard to the votes
22-20 received by the deceased or ineligible candidate.
22-21 SECTION 135. Section 172.059(b), Election Code, is amended
22-22 to read as follows:
22-23 (b) A withdrawal request for the runoff primary must be
22-24 filed with the state chair [chairman], for a statewide or district
22-25 office, or with the county chair [chairman], for a county or
22-26 precinct office.
22-27 SECTION 136. Section 172.061, Election Code, is amended to
22-28 read as follows:
22-29 Sec. 172.061. Candidate for Party Office. (a) Except for
22-30 Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter
22-31 applies to a candidate for county chair [chairman] or precinct
22-32 chair [chairman].
22-33 (b) If a runoff candidate for county chair [chairman] or
22-34 precinct chair [chairman] withdraws, the remaining candidate is
22-35 considered to be elected and the runoff election for that office is
22-36 not held.
22-37 SECTION 137. Section 172.081, Election Code, is amended to
22-38 read as follows:
22-39 Sec. 172.081. Primary Committee. (a) Except as provided by
22-40 Subsection (b), a primary committee is established in each county
22-41 having a county executive committee. The primary committee
22-42 consists of:
22-43 (1) the county chair [chairman]; and
22-44 (2) four other members of the county executive
22-45 committee, appointed by the county chair [chairman] subject to the
22-46 executive committee's approval.
22-47 (b) The county executive committee by resolution may provide
22-48 that the primary committee consist of more or fewer than five
22-49 members or that a primary committee not be established. If a
22-50 primary committee is not established, the county chair [chairman]
22-51 shall perform the duties of the primary committee prescribed by
22-52 this chapter unless the county executive committee designates
22-53 another member of the committee for that purpose.
22-54 (c) The county chair [chairman] serves as chair [chairman]
22-55 of the primary committee.
22-56 SECTION 138. Section 172.082(e), Election Code, is amended
22-57 to read as follows:
22-58 (e) The county chair [chairman] shall post notice of the
22-59 date, hour, and place of the drawing for at least 24 consecutive
22-60 hours immediately before the drawing begins. The notice shall be
22-61 posted on the bulletin board used for posting notice of meetings of
22-62 the commissioners court.
22-63 SECTION 139. Section 172.083, Election Code, is amended to
22-64 read as follows:
22-65 Sec. 172.083. Review and Approval of Ballot by Primary
22-66 Committee. Before having the official ballots for a general
22-67 primary election printed, the county chair [chairman] shall submit
22-68 the format for the official ballot to the primary committee for its
22-69 review and approval.
23-1 SECTION 140. Sections 172.084(c) and (d), Election Code, are
23-2 amended to read as follows:
23-3 (c) The primary committee shall conduct the drawing for
23-4 candidates for statewide and district offices at the county seat at
23-5 a time designated by the county chair [chairman].
23-6 (d) The county chair [chairman] shall post notice of the
23-7 date and hour of the drawing for candidates for statewide and
23-8 district offices:
23-9 (1) for at least 24 consecutive hours immediately
23-10 before the drawing begins; and
23-11 (2) not earlier than the day after the date the state
23-12 executive committee convenes to canvass the results of the general
23-13 primary.
23-14 SECTION 141. Section 172.088(d), Election Code, is amended
23-15 to read as follows:
23-16 (d) The petition must be filed with the state chair
23-17 [chairman] of the political party holding the primary to which the
23-18 petition applies before the date of the regular filing deadline for
23-19 candidates' applications for a place on the primary ballot.
23-20 SECTION 142. Section 172.089, Election Code, is amended to
23-21 read as follows:
23-22 Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party
23-23 offices of county chair [chairman] and precinct chair [chairman]
23-24 shall be listed on the primary election ballot after the public
23-25 offices with the office of county chair [chairman] listed first.
23-26 SECTION 143. Section 172.090, Election Code, is amended to
23-27 read as follows:
23-28 Sec. 172.090. SEPARATE BALLOT FOR OFFICE OF PRECINCT CHAIR
23-29 [CHAIRMAN]. (a) In a primary election in which election precincts
23-30 are consolidated, the county executive committee may provide by
23-31 resolution, order, or other official action for voting in a
23-32 consolidated precinct by separate paper ballot for the office of
23-33 precinct chair [chairman].
23-34 (b) The separate paper ballot for precinct chair [chairman]
23-35 must conform to the applicable standards governing regular paper
23-36 ballots, except that the ballot shall be limited to the office of
23-37 precinct chair [chairman].
23-38 (c) The secretary of state shall prescribe the form of the
23-39 ballot for precinct chair [chairman] consistent with this section.
23-40 SECTION 144. Section 172.1112(a), Election Code, is amended
23-41 to read as follows:
23-42 (a) The county chair [chairman] shall post a notice of the
23-43 election and a notice of consolidated precincts, if applicable, in
23-44 the manner prescribed by Section 4.003(b) for general and special
23-45 elections. The notice of the election shall be posted on the
23-46 bulletin board used for posting notice of meetings of the
23-47 commissioners court.
23-48 SECTION 145. Section 172.112, Election Code, is amended to
23-49 read as follows:
23-50 Sec. 172.112. Write-In Voting. Write-in voting in a primary
23-51 election is not permitted except in the general primary election
23-52 for the offices of county chair [chairman] and precinct chair
23-53 [chairman].
23-54 SECTION 146. Sections 172.113(a)-(e), Election Code, are
23-55 amended to read as follows:
23-56 (a) The county chair [chairman] shall prepare the unofficial
23-57 tabulation of precinct results.
23-58 (b) When the general custodian of election records for the
23-59 primary opens the precinct election records from the various
23-60 polling places, the custodian [he] shall deliver the precinct
23-61 returns to the county chair [chairman] for the purpose of preparing
23-62 the unofficial tabulation.
23-63 (c) When the county chair [chairman] receives precinct
23-64 returns from the general custodian, the county chair [chairman]
23-65 shall enter the appropriate information on the unofficial
23-66 tabulation and immediately return the precinct returns to the
23-67 custodian.
23-68 (d) The county chair [chairman] shall make the periodic
23-69 announcements of the current state of the tabulation.
24-1 (e) On completing the tabulation, the county chair
24-2 [chairman] shall deliver it to the general custodian.
24-3 SECTION 147. Sections 172.116(b) and (e), Election Code, are
24-4 amended to read as follows:
24-5 (b) The committee shall convene to conduct the local canvass
24-6 at the county seat not earlier than 6 p.m. on the first Thursday or
24-7 later than 1 p.m. on the first Friday after election day at the
24-8 hour specified by the county chair [chairman].
24-9 (e) Not later than the 20th day after the date the local
24-10 canvass is completed, the county chair [chairman] shall deliver the
24-11 committee's tabulation to the general custodian of election
24-12 records, who shall preserve it for the period for preserving the
24-13 precinct election records.
24-14 SECTION 148. Section 172.117, Election Code, is amended to
24-15 read as follows:
24-16 Sec. 172.117. Certification of Nominees for County and
24-17 Precinct Offices for Placement on General Election Ballot.
24-18 (a) The county chair [chairman] shall certify in writing for
24-19 placement on the general election ballot the name and address of
24-20 each primary candidate who is nominated for a county or precinct
24-21 office.
24-22 (b) Not later than the 20th day after the date the local
24-23 canvass is completed, the county chair [chairman] shall deliver the
24-24 certification to the authority responsible for having the official
24-25 general election ballot prepared.
24-26 (c) A candidate's name may not be certified if, before
24-27 delivering the certification, the county chair [chairman] learns
24-28 that the name is to be omitted from the ballot under Section
24-29 145.035.
24-30 SECTION 149. Sections 172.118(a), (b), and (d), Election
24-31 Code, are amended to read as follows:
24-32 (a) Not later than the 20th day after the date the local
24-33 canvass is completed, the county chair [chairman] shall deliver
24-34 written notice to the state chair [chairman] and to the county
24-35 clerk of the names of the persons elected as county chair
24-36 [chairman] and precinct chairs [chairmen] for the county.
24-37 (b) The notice must include each party officer's address and
24-38 each precinct chair's [chairman's] precinct number.
24-39 (d) On request of the secretary of state, the state chair
24-40 [chairman] shall deliver to the secretary written notice of the
24-41 names and addresses of the party's county chairs [chairmen].
24-42 SECTION 150. Section 172.119, Election Code, is amended to
24-43 read as follows:
24-44 Sec. 172.119. County Election Returns. (a) The county
24-45 chair [chairman] shall prepare county election returns for the
24-46 statewide and district offices voted on in a primary election in
24-47 the same manner as the county returns for a general election are
24-48 prepared by the county clerk except that separate returns for the
24-49 offices of governor and lieutenant governor are not prepared.
24-50 (b) The county chair [chairman] shall deliver the county
24-51 returns and retain a copy in the same manner as the county returns
24-52 for a general election are delivered and retained by the county
24-53 clerk except that the delivery shall be made to the state chair
24-54 [chairman].
24-55 SECTION 151. Sections 172.120(b) and (f), Election Code, are
24-56 amended to read as follows:
24-57 (b) The state executive committee shall convene to conduct
24-58 the state canvass for the general primary election on the second
24-59 Wednesday after general primary election day. Not later than the
24-60 second Saturday after runoff primary election day, the committee
24-61 shall convene at the call of the state chair [chairman] to conduct
24-62 the state canvass of the runoff primary election.
24-63 (f) Not later than the 20th day after the date the state
24-64 canvass is completed, the state chair [chairman] shall deliver the
24-65 committee's tabulation to the secretary of state, who shall
24-66 preserve it for the period for preserving the precinct election
24-67 records.
24-68 SECTION 152. Section 172.121, Election Code, is amended to
24-69 read as follows:
25-1 Sec. 172.121. Certification of Candidates for Statewide and
25-2 District Offices for Placement on Runoff Ballot. (a) The state
25-3 chair [chairman] shall certify in writing for placement on the
25-4 runoff primary election ballot the name of each general primary
25-5 candidate for a statewide or district office who is to be a
25-6 candidate in the runoff.
25-7 (b) The state chair [chairman] shall deliver the
25-8 certification to the county chair [chairman] in each affected
25-9 county as soon as practicable after the state canvass of the
25-10 general primary election is completed.
25-11 SECTION 153. Section 172.122, Election Code, is amended to
25-12 read as follows:
25-13 Sec. 172.122. Certification of Nominees for Statewide and
25-14 District Offices to Secretary of State. (a) The state chair
25-15 [chairman] shall certify in writing as the party's nominee the name
25-16 and address of each primary candidate who is nominated for a
25-17 statewide or district office.
25-18 (b) Not later than the 20th day after the date the state
25-19 canvass is completed, the state chair [chairman] shall deliver the
25-20 certification to the secretary of state.
25-21 SECTION 154. Sections 172.124(a) and (b), Election Code, are
25-22 amended to read as follows:
25-23 (a) For each primary election, the county chair [chairman]
25-24 shall prepare a report of the number of votes, including early
25-25 voting votes, received in each county election precinct by each
25-26 candidate for a statewide office or the office of United States
25-27 representative, state senator, or state representative, as provided
25-28 by Section 67.017 for the report of precinct results for a general
25-29 election.
25-30 (b) The county chair [chairman] shall deliver the report to
25-31 the secretary of state not later than the 30th day after primary
25-32 election day.
25-33 SECTION 155. Section 173.004, Election Code, is amended to
25-34 read as follows:
25-35 Sec. 173.004. STATE COMPENSATION OF COUNTY CHAIR [CHAIRMAN]
25-36 AND SECRETARY OF COUNTY EXECUTIVE COMMITTEE. (a) The total amount
25-37 paid with state funds in a particular primary election year for the
25-38 combined compensation of a county chair [chairman] and the
25-39 secretary, if any, of the county executive committee presided over
25-40 by the chair [chairman] may not be:
25-41 (1) less than $300; or
25-42 (2) more than the lesser of
25-43 (A) $8,000; or
25-44 (B) five percent of the total expenses incurred
25-45 by the political party in holding primary elections in the county
25-46 that year, exclusive of the combined annual compensation of the
25-47 county chair [chairman] and secretary.
25-48 (b) The status of a county executive committee's secretary
25-49 as a committee member does not affect the applicability of this
25-50 section.
25-51 SECTION 156. Section 173.008(b), Election Code, is amended
25-52 to read as follows:
25-53 (b) The secretary of state may limit the total state
25-54 compensation payable to persons employed to assist a county chair
25-55 [chairman] in connection with a primary election.
25-56 SECTION 157. Section 173.010, Election Code, is amended to
25-57 read as follows:
25-58 Sec. 173.010. Furnishing Rules. During November preceding
25-59 each primary election year, the secretary of state shall deliver to
25-60 the state chair [chairman] and each county chair [chairman] of each
25-61 political party holding a primary election a current set of the
25-62 rules adopted under this subchapter. If a rule or amendment of a
25-63 rule is adopted after delivery of the set, the secretary shall
25-64 deliver a copy of the rule or amendment not later than the 10th day
25-65 after the date of its adoption.
25-66 SECTION 158. Section 173.031(b), Election Code, is amended
25-67 to read as follows:
25-68 (b) The county primary fund consists of:
25-69 (1) the filing fees required to be deposited in the
26-1 fund under Subchapter C;
26-2 (2) the state funds paid to the county chair
26-3 [chairman] under Subchapter D;
26-4 (3) the contributions to the county executive
26-5 committee for the purpose of defraying primary election expenses;
26-6 and
26-7 (4) the income earned by the fund.
26-8 SECTION 159. Section 173.032(b), Election Code, is amended
26-9 to read as follows:
26-10 (b) The state primary fund consists of:
26-11 (1) the filing fees required to be deposited in the
26-12 fund under Subchapter C;
26-13 (2) the state funds paid to the state chair [chairman]
26-14 under Subchapter D;
26-15 (3) the contributions to the state executive committee
26-16 for the purpose of defraying primary election expenses; and
26-17 (4) the income earned by the fund.
26-18 SECTION 160. Sections 173.033(a) and (b), Election Code, are
26-19 amended to read as follows:
26-20 (a) The county primary fund shall be used to pay expenses
26-21 incurred by the county chair [chairman] or county executive
26-22 committee in connection with a primary election.
26-23 (b) The state primary fund shall be used to pay expenses
26-24 incurred by the state chair [chairman] or state executive committee
26-25 in connection with a primary election.
26-26 SECTION 161. Sections 173.036(a) and (b), Election Code, are
26-27 amended to read as follows:
26-28 (a) The secretary of state may approve an expenditure of
26-29 state funds for an audit of the state primary fund on request of
26-30 the state chair [chairman] or a county primary fund on request of a
26-31 county chair [chairman].
26-32 (b) On receipt of written certification of the amount
26-33 approved by the secretary of state for an audit, the comptroller of
26-34 public accounts shall issue a warrant for that amount payable to
26-35 the state or county chair [chairman] making the request.
26-36 SECTION 162. Section 173.061, Election Code, is amended to
26-37 read as follows:
26-38 Sec. 173.061. FEE PAID TO COUNTY CHAIR [CHAIRMAN]. The
26-39 county chair [chairman] shall deposit in the county primary fund
26-40 each filing fee accompanying an application for a place on the
26-41 ballot filed with the county chair [chairman].
26-42 SECTION 163. Section 173.062, Election Code, is amended to
26-43 read as follows:
26-44 Sec. 173.062. FEE PAID TO STATE CHAIR [CHAIRMAN] ALLOCATED
26-45 AMONG COUNTY COMMITTEES. (a) The state chair [chairman] shall
26-46 allocate the filing fee for a district office accompanying an
26-47 application for a place on the ballot filed with the state chair
26-48 [chairman] during the regular filing period among the county
26-49 executive committees serving the counties comprising the district.
26-50 (b) Each committee's allocation is equal to the quotient
26-51 obtained by dividing the amount of the filing fee by the number of
26-52 counties wholly or partly in the district.
26-53 (c) The state chair [chairman] shall deliver each
26-54 committee's allocation to the county chair [chairman] not later
26-55 than the 10th day after the date of the regular filing deadline.
26-56 (d) On receipt of the allocation, the county chair
26-57 [chairman] shall deposit it in the county primary fund.
26-58 SECTION 164. Section 173.063, Election Code, is amended to
26-59 read as follows:
26-60 Sec. 173.063. FEE RETAINED BY STATE CHAIR [CHAIRMAN]. The
26-61 state chair [chairman] shall deposit in the state primary fund each
26-62 filing fee accompanying an application for a place on the ballot
26-63 filed with the state chair [chairman]:
26-64 (1) for a statewide office; or
26-65 (2) for a district office if the application is filed
26-66 after the regular filing deadline.
26-67 SECTION 165. Section 173.064, Election Code, is amended to
26-68 read as follows:
26-69 Sec. 173.064. REPORT OF FEES BY STATE CHAIR [CHAIRMAN].
27-1 (a) The state chair [chairman] shall prepare a report of the
27-2 filing fees accompanying applications for a place on the ballot
27-3 filed with the state chair [chairman] during the regular filing
27-4 period.
27-5 (b) The report must include, for each office for which an
27-6 application is filed, the total number of applications and the
27-7 total amount of filing fees paid.
27-8 (c) The state chair [chairman] shall deliver the report to
27-9 the secretary of state not later than the 10th day after the date
27-10 of the regular filing deadline.
27-11 SECTION 166. Sections 173.081(a), (c), and (f), Election
27-12 Code, are amended to read as follows:
27-13 (a) Regardless of whether state funds are requested for
27-14 paying primary expenses, a written statement of estimated expenses
27-15 to be incurred in connection with a primary election shall be
27-16 submitted to the secretary of state by:
27-17 (1) the county chair [chairman], for expenses of the
27-18 county chair [chairman] or county executive committee; or
27-19 (2) the state chair [chairman], for expenses of the
27-20 state chair [chairman] or state executive committee.
27-21 (c) A statement for a general primary election must also:
27-22 (1) state the amount of:
27-23 (A) the primary candidates' filing fees required
27-24 to be deposited in the county primary fund if the statement is
27-25 submitted by a county chair [chairman], or in the state primary
27-26 fund if the statement is submitted by the state chair [chairman],
27-27 that have been received by the authority submitting the statement;
27-28 and
27-29 (B) the contributions to the county executive
27-30 committee if the statement is submitted by a county chair
27-31 [chairman], or to the state executive committee if the statement is
27-32 submitted by the state chair [chairman], that:
27-33 (i) are for the purpose of defraying
27-34 primary election expenses; and
27-35 (ii) have not been included in a report
27-36 filed under Section 173.084 for a previous primary election year;
27-37 and
27-38 (2) be submitted not later than the 45th day before
27-39 general primary election day.
27-40 (f) A statement submitted by a county chair [chairman] must
27-41 also include a notice of the county election precincts to be
27-42 consolidated for the election, if any.
27-43 SECTION 167. Section 173.082(e), Election Code, is amended
27-44 to read as follows:
27-45 (e) Expenses incurred in connection with an application for
27-46 a place on the ballot for the office of precinct chair [chairman]
27-47 filed before the 30th day before the date of the regular filing
27-48 deadline may not be paid with state funds.
27-49 SECTION 168. Sections 173.083(c)-(e), Election Code, are
27-50 amended to read as follows:
27-51 (c) After determining the amount of estimated primary
27-52 expenses to approve under Section 173.082 for a general or runoff
27-53 primary, the secretary of state shall calculate the amount of the
27-54 installment payable under Subsection (b)(1) or (2), as applicable.
27-55 The secretary shall then prepare and deliver to the comptroller of
27-56 public accounts a certified statement indicating the amount of the
27-57 installment, the total amount of estimated general or runoff
27-58 primary expenses payable with state funds, and the name of the
27-59 county or state chair [chairman] who submitted the statement of
27-60 estimated primary election expenses.
27-61 (d) The final installment may not be paid until a report is
27-62 filed in compliance with Section 173.084 and, in the case of a
27-63 county chair [chairman], a report is also filed in compliance with
27-64 Section 172.124. On the filing of the report, the secretary of
27-65 state shall calculate the amount of the final installment and
27-66 prepare and deliver to the comptroller of public accounts a
27-67 certified statement indicating that amount and the appropriate
27-68 county or state chair's [chairman's] name.
27-69 (e) On receipt of a certified statement under Subsection (c)
28-1 or (d), the comptroller of public accounts shall issue a warrant in
28-2 the certified amount of the installment payable to the county or
28-3 state chair [chairman] identified by the statement.
28-4 SECTION 169. Section 173.0831, Election Code, is amended to
28-5 read as follows:
28-6 Sec. 173.0831. State Payment of Start-Up Primary Funds.
28-7 (a) Not later than the 30th day before the beginning date of the
28-8 regular filing period for public offices in the general primary
28-9 election, a county chair [chairman] may submit to the secretary of
28-10 state a written statement of estimated primary election expenses.
28-11 (b) Not later than the 10th day after the date the statement
28-12 is received, the secretary of state shall have disbursed to the
28-13 county chair [chairman] start-up funds in an amount equal to 10
28-14 percent of the amount approved for and expended by the county chair
28-15 [chairman] and executive committee in the preceding general primary
28-16 election.
28-17 SECTION 170. Sections 173.084(a), (b), and (d), Election
28-18 Code, are amended to read as follows:
28-19 (a) Regardless of whether state funds are requested for
28-20 paying primary expenses, each county chair [chairman] and state
28-21 chair [chairman] shall prepare a report that includes:
28-22 (1) an itemized list of the actual expenses incurred
28-23 in connection with the general and runoff primaries by the
28-24 authority preparing the report and by the executive committee over
28-25 which the authority presides;
28-26 (2) the amount of the primary candidates' filing fees
28-27 required to be deposited in the county primary fund if the report
28-28 is by a county chair [chairman], or in the state primary fund if
28-29 the report is by the state chair [chairman];
28-30 (3) the amount of filing fees that have been refunded;
28-31 (4) the amount of the contributions to the executive
28-32 committee over which the authority preparing the report presides
28-33 that:
28-34 (A) are for the purpose of defraying primary
28-35 election expenses; and
28-36 (B) have not been included in a report filed
28-37 under this section for a previous primary election year; and
28-38 (5) the balance in the county primary fund if the
28-39 report is by a county chair [chairman], or in the state primary
28-40 fund if the report is by the state chair [chairman], that remains
28-41 after deducting the primary election expenses actually incurred and
28-42 the refunded filing fees.
28-43 (b) The authority preparing the report shall file it with
28-44 the secretary of state not later than the 30th day after runoff
28-45 primary election day or not later than the 30th day after general
28-46 primary election day if no runoff primary is held in the county, in
28-47 the case of the county chair's [chairman's] report, or if no runoff
28-48 primary is held for a statewide or district office, in the case of
28-49 the state chair's [chairman's] report. The secretary for good
28-50 cause may extend the filing deadline.
28-51 (d) Any compensation claimed under Section 173.004 may be
28-52 forfeited on the failure of a county chair [chairman] to file a
28-53 timely report.
28-54 SECTION 171. Section 173.085(b), Election Code, is amended
28-55 to read as follows:
28-56 (b) To obtain state compensation for an excess expense, the
28-57 county chair [chairman] or state chair [chairman], as applicable,
28-58 must include in the report required by Section 173.084:
28-59 (1) an identification of the item for which the excess
28-60 expense was incurred;
28-61 (2) the amount of the excess; and
28-62 (3) an explanation of the reason for exceeding the
28-63 estimate.
28-64 SECTION 172. Section 173.0851(a), Election Code, is amended
28-65 to read as follows:
28-66 (a) Any surplus remaining in a primary fund shall be
28-67 remitted to the secretary of state immediately after the final
28-68 payment from the fund of the necessary expenses for holding the
28-69 primary elections for that year, but not later than July 1
29-1 following the applicable primary election. The surplus in a
29-2 primary fund shall be remitted regardless of whether state funds
29-3 were requested by the chair [chairman].
29-4 SECTION 173. Section 173.087, Election Code, is amended to
29-5 read as follows:
29-6 Sec. 173.087. LIABILITY OF COUNTY CHAIR [CHAIRMAN] AND
29-7 COUNTY EXECUTIVE COMMITTEE. The county executive committee is not
29-8 liable for the debts incurred by the committee or the county chair
29-9 [chairman] in connection with a primary election that are unpaid
29-10 because the legislative appropriation is insufficient. The county
29-11 chair [chairman] or any other member of the county executive
29-12 committee is not personally liable for those debts.
29-13 SECTION 174. Section 173.088, Election Code, is amended to
29-14 read as follows:
29-15 Sec. 173.088. Availability of Guidelines. The secretary of
29-16 state shall make available to each county and state chair
29-17 [chairman], for use in preparing statements and reports under this
29-18 chapter, any guidelines the secretary prescribes for determining
29-19 the necessity of primary election expenses.
29-20 SECTION 175. Section 174.003, Election Code, is amended to
29-21 read as follows:
29-22 Sec. 174.003. Delegate to be Qualified Voter. In addition
29-23 to the requirement of party affiliation, to be eligible to serve as
29-24 a delegate to a county, senatorial district, or state convention
29-25 held under this chapter, a person must be a qualified voter of the
29-26 territory that the person [he] is selected to represent or a
29-27 resident of that territory who is eligible to vote a limited
29-28 ballot.
29-29 SECTION 176. Section 174.022(b), Election Code, is amended
29-30 to read as follows:
29-31 (b) Not later than the date of the regular drawing for
29-32 position on the general primary election ballot, the county
29-33 executive committee shall set the hour and place for convening each
29-34 precinct convention for the precincts served by the committee. If
29-35 the county executive committee fails to do so, the county chair
29-36 [chairman] shall set the hour and place.
29-37 SECTION 177. Section 174.023, Election Code, is amended to
29-38 read as follows:
29-39 Sec. 174.023. Notice of Hour and Place. (a) The county
29-40 chair [chairman] shall post a notice of the hour and place for
29-41 convening each precinct convention on the bulletin board used for
29-42 posting notice of meetings of the commissioners court. The notice
29-43 must remain posted continuously for the 10 days immediately
29-44 preceding the date of the convention.
29-45 (b) Not later than the 10th day before the date of the
29-46 precinct conventions, the county chair [chairman] shall deliver to
29-47 the county clerk written notice of the hour and place for convening
29-48 each precinct convention.
29-49 (c) If the county chair [chairman] fails to post or deliver
29-50 notice in accordance with this section, another member of the
29-51 county executive committee may post or deliver the notice.
29-52 SECTION 178. Section 174.025, Election Code, is amended to
29-53 read as follows:
29-54 Sec. 174.025. Organizing the Convention. (a) The precinct
29-55 chair [chairman] is the temporary chair [chairman] of the precinct
29-56 convention held under this subchapter.
29-57 (b) If the precinct chair [chairman] is absent, a person who
29-58 is eligible to participate in the convention may act as temporary
29-59 chair [chairman].
29-60 (c) Before conducting business, the temporary chair
29-61 [chairman] shall prepare a list containing the name and residence
29-62 address of each person who is admitted to participate in the
29-63 convention.
29-64 (d) The temporary chair [chairman] shall call the convention
29-65 to order.
29-66 (e) The convention shall select a convention chair
29-67 [chairman] and a convention secretary. The convention may select
29-68 any other officers considered necessary to conduct the convention's
29-69 business.
30-1 SECTION 179. Sections 174.027(a)-(e), Election Code, are
30-2 amended to read as follows:
30-3 (a) The convention chair [chairman] shall prepare, sign, and
30-4 make a copy of a list of the names and residence addresses of the
30-5 delegates and any alternates selected by the convention.
30-6 (b) The convention chair [chairman] shall sign and make a
30-7 copy of the list of precinct convention participants required by
30-8 Section 174.025(c).
30-9 (c) The convention chair [chairman] shall deliver the
30-10 originals and copies of the lists to the county chair [chairman]
30-11 not later than the third day after the date of the precinct
30-12 convention, except that if delivered by mail, they shall be
30-13 deposited in the mail not later than the second day after the date
30-14 of the precinct convention.
30-15 (d) The county chair [chairman] shall retain the copies of
30-16 the lists until the end of the voting year in which they are
30-17 received.
30-18 (e) If senatorial district conventions will be held in the
30-19 county, the county chair [chairman] shall deliver the originals of
30-20 the lists to the temporary chairs [chairmen] of the senatorial
30-21 district conventions before the conventions convene.
30-22 SECTION 180. Section 174.063(c), Election Code, is amended
30-23 to read as follows:
30-24 (c) The hour and place for the convening of a senatorial
30-25 district convention shall be set in the same manner as for the
30-26 precinct conventions held under this chapter, except that only
30-27 those members of the county executive committee who are the
30-28 precinct chairs [chairmen] for the precincts in the territory
30-29 represented at the senatorial district convention may participate
30-30 in setting the convention's hour and place, and if they fail to do
30-31 so, the temporary chair [chairman] of the senatorial district
30-32 convention shall set the hour and place.
30-33 SECTION 181. Sections 174.064(c) and (d), Election Code, are
30-34 amended to read as follows:
30-35 (c) The county chair [chairman] shall post and deliver the
30-36 notice of a county convention. The temporary chair [chairman] of a
30-37 senatorial district convention shall post and deliver the notice of
30-38 the senatorial district convention.
30-39 (d) If the county chair [chairman] fails to post or deliver
30-40 notice in accordance with this section, another member of the
30-41 county executive committee may post or deliver the notice. If the
30-42 temporary chair [chairman] of a senatorial district convention
30-43 fails to post or deliver notice in accordance with this section,
30-44 another member of the county executive committee who may
30-45 participate in setting the convention's hour and place may post or
30-46 deliver the notice.
30-47 SECTION 182. Section 174.065, Election Code, is amended to
30-48 read as follows:
30-49 Sec. 174.065. Organizing the Convention. (a) The county
30-50 chair [chairman] is the temporary chair [chairman] of a county
30-51 convention held under this subchapter. If a senatorial district is
30-52 situated in more than one county, the senatorial district executive
30-53 committee member [committeeman] from each county is the temporary
30-54 chair [chairman] of the senatorial district convention held in the
30-55 territory that the committee member [he] represents. If a
30-56 senatorial district is not situated in more than one county, the
30-57 chair [chairman] of the district executive committee is the
30-58 temporary chair [chairman] of the senatorial district convention.
30-59 (b) If the person designated as temporary chair [chairman]
30-60 by Subsection (a) is absent, a delegate to the convention may act
30-61 as temporary chair [chairman].
30-62 (c) The temporary chair [chairman] shall call the convention
30-63 to order and deliver the lists of delegates prepared under Section
30-64 174.027 to the convention.
30-65 (d) The convention shall select a convention chair
30-66 [chairman] and a convention secretary from among the delegates
30-67 present. The convention may select any other officers considered
30-68 necessary to conduct the convention's business.
30-69 SECTION 183. Section 174.069, Election Code, is amended to
31-1 read as follows:
31-2 Sec. 174.069. Record of Delegates. (a) The chair
31-3 [chairman] of a county or senatorial district convention shall
31-4 prepare and sign a list of the names and residence addresses of the
31-5 delegates and any alternate delegates to the state convention
31-6 selected by the convention.
31-7 (b) The convention chair [chairman] shall deliver the list
31-8 to the state chair [chairman] not later than the fifth day after
31-9 the date the convention adjourns.
31-10 SECTION 184. Section 174.092(b), Election Code, is amended
31-11 to read as follows:
31-12 (b) Not later than the date the state chair [chairman]
31-13 delivers to the county chairs [chairmen] the certification of names
31-14 for placement on the general primary election ballot, the state
31-15 executive committee shall set the date, hour, and place for
31-16 convening the state convention.
31-17 SECTION 185. Section 174.093, Election Code, is amended to
31-18 read as follows:
31-19 Sec. 174.093. Notice of Time and Place. Before the date of
31-20 the party's precinct conventions held under this chapter, the state
31-21 chair [chairman] shall deliver written notice of the date, hour,
31-22 and place for convening the biennial state convention to the
31-23 secretary of state, each county chair [chairman], and each
31-24 temporary chair [chairman] of a senatorial district convention.
31-25 SECTION 186. Section 174.094, Election Code, is amended to
31-26 read as follows:
31-27 Sec. 174.094. Organizing the Convention. (a) The state
31-28 chair [chairman] is the temporary chair [chairman] of the biennial
31-29 state convention.
31-30 (b) The temporary chair [chairman] shall call the convention
31-31 to order.
31-32 (c) The temporary chair [chairman] shall prepare a list of
31-33 the names and residence addresses of the delegates and any
31-34 alternate delegates to the convention and shall deliver the list to
31-35 the convention.
31-36 (d) The convention shall select a convention chair
31-37 [chairman] and a convention secretary. The convention may select
31-38 any other officers considered necessary to conduct the convention's
31-39 business.
31-40 SECTION 187. Section 174.097, Election Code, is amended to
31-41 read as follows:
31-42 Sec. 174.097. Attendance by Public Officers. A nominee for
31-43 or holder of an office of the state or federal government is
31-44 entitled to attend a state convention of the nominee's or
31-45 officeholder's [his] party but may not vote in the convention
31-46 unless serving as a delegate.
31-47 SECTION 188. Section 181.004, Election Code, is amended to
31-48 read as follows:
31-49 Sec. 181.004. Party Organization. (a) A political party
31-50 making nominations under this chapter shall:
31-51 (1) establish a state executive committee;
31-52 (2) establish a county executive committee for each
31-53 county in which the party will hold a county convention; and
31-54 (3) select a precinct chair [chairman] for each
31-55 election precinct in which the party will hold a precinct
31-56 convention.
31-57 (b) The party shall provide by rule for the selection of a
31-58 chair [chairman] of the state executive committee and each county
31-59 executive committee.
31-60 SECTION 189. Sections 181.006(b), (e), and (h), Election
31-61 Code, are amended to read as follows:
31-62 (b) A petition must:
31-63 (1) satisfy the requirements prescribed by Section
31-64 141.062 for a candidate's petition;
31-65 (2) contain signatures in a number that, when added to
31-66 the number of convention participants indicated on the lists,
31-67 equals at least one percent of the total number of votes received
31-68 by all candidates for governor in the most recent gubernatorial
31-69 general election; and
32-1 (3) be filed with the secretary of state by the state
32-2 chair [chairman] before the deadline for filing the lists of
32-3 precinct convention participants.
32-4 (e) A copy of a request for the withdrawal of a signature
32-5 must be delivered to the state chair [chairman] at the time the
32-6 withdrawal request is filed.
32-7 (h) A signature is invalid if the person signed the petition
32-8 subsequent to [his] signing a petition to qualify another political
32-9 party to have the names of its nominees placed on the ballot for
32-10 the same election, whether the other party is circulating the
32-11 petition under this chapter or under Chapter 182.
32-12 SECTION 190. Section 181.032(a), Election Code, is amended
32-13 to read as follows:
32-14 (a) An application for nomination by a convention must be
32-15 filed with:
32-16 (1) the state chair [chairman], for a statewide or
32-17 district office; or
32-18 (2) the county chair [chairman], for a county or
32-19 precinct office.
32-20 SECTION 191. Section 181.034(a), Election Code, is amended
32-21 to read as follows:
32-22 (a) A political party shall provide by rule for transmitting
32-23 information regarding applications for nomination to the chair
32-24 [chairman] of the appropriate convention.
32-25 SECTION 192. Section 181.066, Election Code, is amended to
32-26 read as follows:
32-27 Sec. 181.066. Organizing Precinct Convention. (a) The
32-28 precinct chair [chairman] is the temporary chair [chairman] of a
32-29 precinct convention held under this chapter.
32-30 (b) Before conducting business, the temporary chair
32-31 [chairman] shall prepare a list containing the name and residence
32-32 address of each person who is admitted to participate in the
32-33 convention.
32-34 (c) The temporary chair [chairman] shall call the convention
32-35 to order.
32-36 (d) The convention shall select a convention chair
32-37 [chairman]. The convention may select any other officers
32-38 considered necessary to conduct the convention's business.
32-39 SECTION 193. Section 181.067, Election Code, is amended to
32-40 read as follows:
32-41 Sec. 181.067. Delivery of List of Precinct Convention
32-42 Participants. (a) The chair [chairman] of a precinct convention
32-43 shall sign and make a copy of the list of precinct convention
32-44 participants required by Section 181.066(b).
32-45 (b) The convention chair [chairman] shall deliver the
32-46 original and copy to the county chair [chairman] not later than the
32-47 third day after the date of the precinct convention, except that if
32-48 delivered by mail they shall be deposited in the mail not later
32-49 than the second day after the date of the precinct convention.
32-50 (c) If the party is required to nominate by convention, the
32-51 convention chair [chairman] shall make an additional copy of the
32-52 list and deliver it to the state chair [chairman] not later than
32-53 the third day after the date of the precinct convention.
32-54 SECTION 194. Section 182.002, Election Code, is amended to
32-55 read as follows:
32-56 Sec. 182.002. Party Organization. A political party making
32-57 nominations under this chapter shall:
32-58 (1) establish a county executive committee for each
32-59 county in which the party will hold a county convention;
32-60 (2) select a chair [chairman] for each county
32-61 executive committee; and
32-62 (3) select a precinct chair [chairman] for each
32-63 election precinct in which the party will hold a precinct
32-64 convention.
32-65 SECTION 195. Sections 182.004(b) and (e), Election Code, are
32-66 amended to read as follows:
32-67 (b) A petition must:
32-68 (1) satisfy the requirements prescribed by Section
32-69 141.062 for a candidate's petition;
33-1 (2) contain signatures in a number that, when added to
33-2 the number of convention participants indicated on the lists,
33-3 equals at least three percent of the total number of votes received
33-4 in the county by all candidates for governor in the most recent
33-5 gubernatorial general election; and
33-6 (3) be filed with the county clerk by the county chair
33-7 [chairman] before the deadline for filing the lists of precinct
33-8 convention participants.
33-9 (e) A copy of a request for the withdrawal of a signature
33-10 must be delivered to the county chair [chairman] when the
33-11 withdrawal request is filed.
33-12 SECTION 196. Section 182.007, Election Code, is amended to
33-13 read as follows:
33-14 Sec. 182.007. Party's Certification of Nominees. (a) The
33-15 county chair [chairman] shall certify in writing for placement on
33-16 the general election ballot the name and address of each of the
33-17 political party's nominees.
33-18 (b) Not later than the 20th day after the date of the county
33-19 convention, the county chair [chairman] shall deliver the
33-20 certification to the authority responsible for having the official
33-21 general election ballot prepared in the county.
33-22 (c) The county chair [chairman] may not certify a
33-23 candidate's name if, before delivering the certification, the
33-24 county chair [chairman] learns that the name is to be omitted from
33-25 the ballot under Section 145.035.
33-26 SECTION 197. Section 191.002(c), Election Code, is amended
33-27 to read as follows:
33-28 (c) A person may not sign petitions supporting more than one
33-29 presidential candidate in the same primary, and, if a person does
33-30 so, the person's signature is void as to all petitions the person
33-31 [he] signs.
33-32 SECTION 198. Section 191.003, Election Code, is amended to
33-33 read as follows:
33-34 Sec. 191.003. Notice of Candidates to Secretary of State.
33-35 The state chair [chairman] of each political party holding a
33-36 presidential primary election shall certify the name of each
33-37 presidential candidate who qualifies for a place on the
33-38 presidential primary election ballot and deliver the certification
33-39 to the secretary of state not later than the 57th day before
33-40 presidential primary election day.
33-41 SECTION 199. Section 191.031(c), Election Code, is amended
33-42 to read as follows:
33-43 (c) Before the date of the party's precinct conventions, the
33-44 party's state chair [chairman] shall deliver written notice of the
33-45 date, hour, and place for the state convention to:
33-46 (1) the secretary of state;
33-47 (2) each county chair [chairman] of the party; and
33-48 (3) the temporary chair [chairman] of each senatorial
33-49 district convention of the party.
33-50 SECTION 200. Sections 192.004(a) and (d), Election Code, are
33-51 amended to read as follows:
33-52 (a) An elector candidate may withdraw from the presidential
33-53 election before presidential election day, by delivering written
33-54 notice of the withdrawal to:
33-55 (1) the secretary of state; and
33-56 (2) the state chair [chairman] of the party that
33-57 nominated the elector candidate or to the independent or write-in
33-58 candidate for president who named the elector candidate.
33-59 (d) If a political party's rules do not provide the manner
33-60 of choosing a replacement elector candidate, the party's state
33-61 executive committee may choose the replacement candidate. The
33-62 state chair [chairman] of a political party naming a replacement
33-63 elector candidate must file with the secretary of state, before
33-64 presidential election day, the name and residence address of the
33-65 replacement candidate.
33-66 SECTION 201. Section 192.006(b), Election Code, is amended
33-67 to read as follows:
33-68 (b) The secretary of state shall arrange for the meeting
33-69 place, notify the electors, and call the meeting to order. The
34-1 secretary shall act as temporary chair [chairman] of the meeting
34-2 until the electors elect a chair [chairman] from among themselves.
34-3 SECTION 202. Section 192.007(b), Election Code, is amended
34-4 to read as follows:
34-5 (b) The chair [chairman] of the electors shall notify the
34-6 secretary of state of the name and residence address of a
34-7 replacement elector immediately on the replacement's appointment.
34-8 SECTION 203. Section 192.031, Election Code, is amended to
34-9 read as follows:
34-10 Sec. 192.031. Party Candidate's Entitlement to Place on
34-11 Ballot. A political party is entitled to have the names of its
34-12 nominees for president and vice-president of the United States
34-13 placed on the ballot in a presidential general election if:
34-14 (1) the nominees possess the qualifications for those
34-15 offices prescribed by federal law;
34-16 (2) before 5 p.m. of the 60th day before presidential
34-17 election day, the party's state chair [chairman] signs and delivers
34-18 to the secretary of state a written certification of:
34-19 (A) the names of the party's nominees for
34-20 president and vice-president; and
34-21 (B) the names and residence addresses of
34-22 presidential elector candidates nominated by the party, in a number
34-23 equal to the number of presidential electors that federal law
34-24 allocates to this state; and
34-25 (3) the party is:
34-26 (A) required or authorized by Subchapter A of
34-27 Chapter 172 to make its nominations by primary election; or
34-28 (B) entitled to have the names of its nominees
34-29 placed on the general election ballot under Chapter 181.
34-30 SECTION 204. Section 192.037(b), Election Code, is amended
34-31 to read as follows:
34-32 (b) A vote shall be counted for both candidates of a set of
34-33 candidates for president and vice-president if:
34-34 (1) the ballot is marked to indicate that the voter is
34-35 voting for one of the two candidates;
34-36 (2) the ballot is marked to indicate that the voter is
34-37 not voting for the other candidate in the set; and
34-38 (3) the voter has not:
34-39 (A) indicated a vote for a presidential or
34-40 vice-presidential candidate of another set; or
34-41 (B) written in the name of a person for whom the
34-42 voter [that he] desires to vote [for] instead of the candidate for
34-43 whom the voter [he] is not voting [for] under Subdivision (2).
34-44 SECTION 205. Sections 192.062(a) and (b), Election Code, are
34-45 amended to read as follows:
34-46 (a) The secretary of state shall certify in writing for
34-47 placement on the ballot the name of a political party's replacement
34-48 nominee for president or vice-president of the United States if:
34-49 (1) the original nominee withdraws, dies, or is
34-50 declared ineligible on or before the 65th day before presidential
34-51 election day; and
34-52 (2) the party's state chair [chairman] delivers
34-53 certification of the replacement nominee's name, signed by the
34-54 state chair [chairman], to the secretary of state not later than 5
34-55 p.m. of the 60th day before presidential election day.
34-56 (b) If the state chair's [chairman's] certification of a
34-57 replacement nominee is delivered by mail, it is considered to be
34-58 delivered at the time of its receipt by the secretary of state.
34-59 SECTION 206. Sections 211.007(b)-(d), Election Code, are
34-60 amended to read as follows:
34-61 (b) A recount coordinator shall retain the recount papers in
34-62 the coordinator's [his] possession for the longest of the following
34-63 periods:
34-64 (1) the period for preserving the precinct election
34-65 records;
34-66 (2) 60 days after the date the canvass of the recount
34-67 is completed;
34-68 (3) 30 days after the date assessed costs are finally
34-69 settled; or
35-1 (4) 30 days after the date an amount owed by a person
35-2 against whom costs are assessed is referred for collection.
35-3 (c) If a recount supervisor is also the recount coordinator
35-4 for a recount, the papers accumulated in the officer's capacity as
35-5 supervisor shall be retained for the same period as those
35-6 accumulated in the officer's [his] capacity as coordinator.
35-7 (d) A recount supervisor who is not the recount coordinator
35-8 shall retain the recount papers in the supervisor's [his]
35-9 possession for the longest of the following periods:
35-10 (1) the period for preserving the precinct election
35-11 records;
35-12 (2) 60 days after the date recount costs for payment
35-13 of claimants are certified; or
35-14 (3) if costs in the supervisor's jurisdiction are
35-15 assessed against a person, six months after the date a statement of
35-16 costs incurred in the supervisor's jurisdiction is delivered to the
35-17 recount coordinator.
35-18 SECTION 207. Section 212.022, Election Code, is amended to
35-19 read as follows:
35-20 Sec. 212.022. Obtaining Initial Recount in Election on
35-21 Office. Except as provided by Section 212.0241, a candidate for
35-22 nomination or election to an office may obtain an initial recount
35-23 in an election in which the person [he] was a candidate if:
35-24 (1) the difference in the number of votes received by
35-25 the candidate [him] and any candidate for the office who is shown
35-26 by the election returns to be nominated, elected, or entitled to a
35-27 place on a runoff ballot or tied for nomination, election, or
35-28 entitlement to a place on a runoff ballot is less than 10 percent
35-29 of that candidate's number of votes;
35-30 (2) the candidate is shown by the election returns to
35-31 be entitled to a place on a runoff ballot or tied for nomination,
35-32 election, or entitlement to a place on a runoff ballot;
35-33 (3) the secretary of state certifies that counting
35-34 errors affecting the election occurred in one or more election
35-35 precincts in which paper ballots were used, as provided by Section
35-36 212.034; or
35-37 (4) the total number of votes received by all
35-38 candidates for the office is less than 1,000 as shown by the
35-39 election returns.
35-40 SECTION 208. Section 212.027(a), Election Code, is amended
35-41 to read as follows:
35-42 (a) On submission of a recount petition under Section
35-43 212.026(b), the recount coordinator, if the coordinator [he] is not
35-44 the same person as the presiding officer of the canvassing
35-45 authority designated by the joint election agreement, shall notify
35-46 that presiding officer of the submission.
35-47 SECTION 209. Section 212.031(e), Election Code, is amended
35-48 to read as follows:
35-49 (e) After approving or rejecting a petition submitted under
35-50 Section 212.026(b), the recount coordinator, if the coordinator
35-51 [he] is not the same person as the presiding officer of the
35-52 canvassing authority designated by the joint election agreement,
35-53 shall promptly notify that presiding officer of the action taken.
35-54 SECTION 210. Sections 212.137(b) and (c), Election Code, are
35-55 amended to read as follows:
35-56 (b) The votes subject to the requested exclusion may not be
35-57 excluded if a candidate entitled to notice under Subsection (a)
35-58 notifies the recount coordinator not later than 18 hours after
35-59 receiving the notice that the candidate [he] objects to the
35-60 exclusion.
35-61 (c) The sufficiency of the deposit accompanying a recount
35-62 document requesting an exclusion is not affected by a timely
35-63 objection to the exclusion, but the candidate is liable for the
35-64 full costs of the recount, including the costs attributable to the
35-65 recount of the votes requested to be excluded, if the costs are
35-66 assessed against the candidate [him].
35-67 SECTION 211. Sections 213.002(b) and (c), Election Code, are
35-68 amended to read as follows:
35-69 (b) The recount supervisor shall appoint a chair [chairman]
36-1 from the membership.
36-2 (c) The recount committee shall count the votes in a recount
36-3 under the direct management and supervision of the chair
36-4 [chairman]. The recount supervisor or the supervisor's [his]
36-5 designee may exercise the chair's [chairman's] authority when
36-6 present during the counting process.
36-7 SECTION 212. Section 213.003(c), Election Code, is amended
36-8 to read as follows:
36-9 (c) A person who is appointed as a member of a recount
36-10 committee by the secretary of state or a state party chair
36-11 [chairman] and who otherwise meets the eligibility requirements
36-12 prescribed by this code for precinct election judges and clerks is
36-13 eligible for appointment regardless of whether the person is a
36-14 qualified voter of the political subdivision served by the recount
36-15 supervisor.
36-16 SECTION 213. Section 213.005(b), Election Code, is amended
36-17 to read as follows:
36-18 (b) Subject to the authority of the recount supervisor or
36-19 the supervisor's [his] designee, the recount committee chair
36-20 [chairman] shall designate the members to serve on each team and
36-21 the duties to be performed by each member.
36-22 SECTION 214. Sections 213.006(a) and (b), Election Code, are
36-23 amended to read as follows:
36-24 (a) The recount committee chair [chairman] has the same
36-25 authority as a presiding election judge to determine whether a
36-26 particular ballot may be lawfully counted and how a voter's marking
36-27 of a ballot should be interpreted.
36-28 (b) After consulting the recount coordinator's appointee,
36-29 the recount committee chair [chairman] shall prepare a written
36-30 statement of the specific reasons for not counting a particular
36-31 ballot. Any uncounted ballots shall be kept separately in the
36-32 appropriate container.
36-33 SECTION 215. Sections 213.007(a) and (c), Election Code, are
36-34 amended to read as follows:
36-35 (a) On presentation by a recount committee chair [chairman]
36-36 of a written order signed by the recount supervisor, the custodian
36-37 of voted ballots, voting machines or test materials or programs
36-38 used in counting electronic voting system ballots shall make the
36-39 ballots, machines, or materials or programs available to the
36-40 committee.
36-41 (c) The recount committee chair [chairman] shall have the
36-42 materials and equipment restored to their secured condition and
36-43 returned to the appropriate custodian.
36-44 SECTION 216. Section 213.0111(a), Election Code, is amended
36-45 to read as follows:
36-46 (a) On receipt of an affidavit executed by any recount
36-47 committee member alleging that legal votes were not counted or
36-48 illegal votes were counted during the initial recount, the recount
36-49 coordinator may order a new recount of the disputed ballots. For a
36-50 county or precinct office in a primary election, the county chair
36-51 [chairman] may order the new recount only on the approval of the
36-52 state chair [chairman].
36-53 SECTION 217. Sections 213.012(a) and (b), Election Code, are
36-54 amended to read as follows:
36-55 (a) After the recount is completed, the recount committee
36-56 chair [chairman] shall prepare a report of the committee's vote
36-57 count and sign the report. Votes shall be reported separately by
36-58 precinct.
36-59 (b) The chair [chairman] shall deliver one copy of the
36-60 report to the recount supervisor and one copy to the general
36-61 custodian of election records.
36-62 SECTION 218. Sections 213.013(e), (g), and (i), Election
36-63 Code, are amended to read as follows:
36-64 (e) A representative appointed to serve at a recount must
36-65 deliver a certificate of appointment to the recount committee chair
36-66 [chairman] at the time the representative reports for service. A
36-67 representative who presents himself or herself for service at any
36-68 time immediately before or during the recount and submits a proper
36-69 certificate of appointment must be accepted for service unless the
37-1 number of appointees to which the appointing authority is entitled
37-2 have already been accepted.
37-3 (g) If the representative is accepted for service, the
37-4 recount committee chair [chairman] shall keep the certificate and
37-5 deliver it to the recount coordinator after the recount for
37-6 preservation under Section 211.007. If the representative is not
37-7 accepted for service, the recount committee chair [chairman] shall
37-8 return the certificate to the representative with a signed
37-9 statement of the reason for the rejection.
37-10 (i) No mechanical or electronic means of recording images or
37-11 sound are allowed inside the room in which the recount is
37-12 conducted, or in any hallway or corridor in the building in which
37-13 the recount is conducted within 30 feet of the entrance to the
37-14 room, while the recount is in progress. However, on request of a
37-15 person entitled to appoint representatives to serve at the recount,
37-16 the recount committee chair [chairman] shall permit the person to
37-17 photocopy under the chair's [chairman's] supervision any ballot,
37-18 including any supporting materials, challenged by the person or
37-19 person's representative. The person must pay a reasonable charge
37-20 for making the copies and, if no photocopying equipment is
37-21 available, may supply that equipment at the person's expense. The
37-22 person shall provide a copy on request to another person entitled
37-23 to appoint representatives to serve at the recount.
37-24 SECTION 219. Section 213.015(b), Election Code, is amended
37-25 to read as follows:
37-26 (b) A recount committee chair [chairman] has the same
37-27 authority as that of a presiding judge at a polling place to
37-28 preserve order during the recount.
37-29 SECTION 220. Section 214.003, Election Code, is amended to
37-30 read as follows:
37-31 Sec. 214.003. Disposition of Tally Lists. (a) On
37-32 completion of the count for a precinct, a member of the counting
37-33 team shall place one tally list in the ballot box containing the
37-34 voted ballots and shall deliver the other tally list to the recount
37-35 committee chair [chairman].
37-36 (b) The recount committee chair [chairman] shall use the
37-37 tally list received from the counting team in preparing the
37-38 committee report of the recount. The chair [chairman] shall attach
37-39 the tally list to the copy of the committee report that is to be
37-40 delivered to the recount supervisor. The attached tally list is
37-41 part of the report.
37-42 SECTION 221. Section 214.022(b), Election Code, is amended
37-43 to read as follows:
37-44 (b) The recount committee chair [chairman] shall designate
37-45 one member of each counting team to perform the duties of a
37-46 presiding judge at a polling place using voting machines in
37-47 verifying and certifying the precinct recount returns.
37-48 SECTION 222. Section 214.026, Election Code, is amended to
37-49 read as follows:
37-50 Sec. 214.026. Disposition of Recount Returns. (a) After a
37-51 counting team certifies the recount returns for a precinct, a
37-52 member of the team shall deliver the returns to the recount
37-53 committee chair [chairman].
37-54 (b) The recount committee chair [chairman] shall use the
37-55 recount returns in preparing the committee report of the recount.
37-56 The chair [chairman] shall attach the recount returns to the copy
37-57 of the committee report that is to be delivered to the recount
37-58 supervisor. The attached returns are part of the report.
37-59 SECTION 223. Section 214.045(a), Election Code, is amended
37-60 to read as follows:
37-61 (a) The recount committee chair [chairman] shall designate
37-62 one member of the recount committee for an electronic recount to
37-63 operate the automatic tabulating equipment. In this subchapter,
37-64 "recount tabulator" means the member designated to operate the
37-65 equipment.
37-66 SECTION 224. Sections 214.046(b) and (f), Election Code, are
37-67 amended to read as follows:
37-68 (b) If the test is unsuccessful, the recount tabulator shall
37-69 notify the recount committee chair [chairman], who shall notify the
38-1 recount supervisor, and the supervisor shall investigate the cause
38-2 of the test's failure. The electronic recount may not proceed
38-3 until a test is successful on the equipment used for the first test
38-4 or on other equipment selected by the supervisor.
38-5 (f) The recount supervisor shall obtain from the person who
38-6 prepares a new program a signed statement that the program was
38-7 prepared by the person [him], with the date of preparation and the
38-8 person's address shown on the statement. The new program, the
38-9 preparer's statement, and the test materials used for verification
38-10 shall be preserved in a sealed container in the same manner and for
38-11 the same period as the original program.
38-12 SECTION 225. Section 214.049(d), Election Code, is amended
38-13 to read as follows:
38-14 (d) Before the tabulation of duplicate ballots, the recount
38-15 committee chair [chairman] shall compare the duplicate ballot with
38-16 the original to verify that the original ballot was duplicated
38-17 properly. If the original ballot was duplicated improperly, the
38-18 recount committee chair [chairman] shall have the original ballot
38-19 duplicated properly and that duplicate ballot shall be counted.
38-20 The improper duplicate ballot shall be retained and the recount
38-21 committee chair [chairman] shall make a notation on the improper
38-22 duplicate ballot of the reason for which it was not counted.
38-23 SECTION 226. Section 214.051, Election Code, is amended to
38-24 read as follows:
38-25 Sec. 214.051. Disposition of Recount Returns. (a) After
38-26 the recount committee certifies the recount returns for a precinct,
38-27 a member of the committee shall place the copy of the returns in
38-28 the ballot box containing the voted ballots and shall deliver the
38-29 original to the recount committee chair [chairman].
38-30 (b) The recount committee chair [chairman] shall use the
38-31 returns received from the recount committee in preparing the
38-32 committee report of the recount. The chair [chairman] shall attach
38-33 the recount returns to the copy of the committee report that is to
38-34 be delivered to the recount supervisor. The attached returns are
38-35 part of the report.
38-36 SECTION 227. Section 215.010(c), Election Code, is amended
38-37 to read as follows:
38-38 (c) On referral of an amount for collection under Subsection
38-39 (b), the recount coordinator and each recount supervisor involved
38-40 in the recount shall deliver to the authority to whom the referral
38-41 is made the originals or copies of documents, records, or other
38-42 papers in the coordinator's or supervisor's [his] possession that
38-43 may be relevant to enforcement of the claim. The coordinator may
38-44 not deliver the original of a document during the period for
38-45 preserving the precinct election records.
38-46 SECTION 228. Section 221.009(a), Election Code, is amended
38-47 to read as follows:
38-48 (a) A voter who cast an illegal vote may be compelled, after
38-49 the illegality has been established to the satisfaction of the
38-50 tribunal hearing the contest, to disclose the name of the candidate
38-51 for whom the voter [he] voted or how the voter [he] voted on a
38-52 measure if the issue is relevant to the election contest.
38-53 SECTION 229. Section 231.008(c), Election Code, is amended
38-54 to read as follows:
38-55 (c) If the judgment orders that a new general or special
38-56 election be held, the clerk shall deliver a copy to the authority
38-57 responsible for ordering the election. If the judgment orders a
38-58 new primary election, the clerk shall deliver a copy to the state
38-59 chair [chairman] of the appropriate political party, in the case of
38-60 a statewide or district office, or to the county chair [chairman],
38-61 in the case of a county or precinct office.
38-62 SECTION 230. Section 232.013(d), Election Code, is amended
38-63 to read as follows:
38-64 (d) If the contested election is a primary, the district
38-65 clerk shall deliver a certified copy of the order setting the date
38-66 of the runoff to the state chair [chairman] of the political party
38-67 in the case of a statewide or district office or to the county
38-68 chair [chairman] in the case of a county or precinct office.
38-69 SECTION 231. Section 241.0061(a), Election Code, is amended
39-1 to read as follows:
39-2 (a) Not later than the third day after the date the
39-3 contestee's answer is received by the presiding officer of the
39-4 house having jurisdiction, the contestant must file with the
39-5 secretary of the senate or chief clerk of the house of
39-6 representatives, as appropriate:
39-7 (1) a cost bond payable to the appropriate house and
39-8 to the contestee in the amount of $5,000, having sufficient
39-9 sureties approved by the presiding officer, and conditioned that
39-10 the contestant will pay all costs of the contest assessed against
39-11 the contestant [him];
39-12 (2) a cash deposit in lieu of bond; or
39-13 (3) an affidavit of inability to pay costs.
39-14 SECTION 232. Section 241.008, Election Code, is amended to
39-15 read as follows:
39-16 Sec. 241.008. Presiding Officer as Party. If the presiding
39-17 officer of the house having jurisdiction is a party to a contest,
39-18 the house shall elect one of its members to perform the duties of
39-19 the presiding officer with respect to the contest. The chair
39-20 [chairman] of the house's committee on administration shall perform
39-21 those duties until the substitute is elected.
39-22 SECTION 233. Section 241.0091(a), Election Code, is amended
39-23 to read as follows:
39-24 (a) The master may on the master's [his] own motion, or
39-25 shall on the motion of the committee, determine whether the
39-26 contestant's petition is frivolous or otherwise does not state the
39-27 grounds necessary to maintain the contest.
39-28 SECTION 234. Section 241.015(c), Election Code, is amended
39-29 to read as follows:
39-30 (c) The committee chair [chairman] shall file the report
39-31 with the secretary of the senate or the chief clerk of the house of
39-32 representatives, as appropriate.
39-33 SECTION 235. Section 241.017(a), Election Code, is amended
39-34 to read as follows:
39-35 (a) A contestant may withdraw the [his] election contest at
39-36 any time before the filing of the committee report by filing with
39-37 the committee chair [chairman] and the presiding officer of the
39-38 house a written statement of withdrawal signed by the contestant or
39-39 the contestant's [his] attorney.
39-40 SECTION 236. Section 251.006(b), Election Code, is amended
39-41 to read as follows:
39-42 (b) A candidate for an elective office of the federal
39-43 government shall file with the commission a copy of each document
39-44 relating to the [his] candidacy that is required to be filed under
39-45 federal law. The document shall be filed within the same period in
39-46 which it is required to be filed under the federal law.
39-47 SECTION 237. Section 251.032, Election Code, is amended to
39-48 read as follows:
39-49 Sec. 251.032. Forms. In addition to furnishing samples of
39-50 the appropriate forms to the authorities having administrative
39-51 duties under this title, the commission shall furnish the forms to
39-52 each political party's state executive committee and county chair
39-53 [chairman] of each county executive committee.
39-54 SECTION 238. Section 252.004, Election Code, is amended to
39-55 read as follows:
39-56 Sec. 252.004. Designation of Oneself. An individual may
39-57 appoint himself or herself as campaign treasurer.
39-58 SECTION 239. Section 252.013(b), Election Code, is amended
39-59 to read as follows:
39-60 (b) A campaign treasurer who vacates the treasurer's [his]
39-61 position shall immediately notify the appointing authority in
39-62 writing of the vacancy.
39-63 SECTION 240. Sections 253.035(f), (h), and (i), Election
39-64 Code, are amended to read as follows:
39-65 (f) A person who converts a political contribution to the
39-66 person's [his] personal use in violation of this section is civilly
39-67 liable to the state for an amount equal to the amount of the
39-68 converted contribution plus reasonable court costs.
39-69 (h) Except as provided by Section 253.0351 or 253.042, a
40-1 candidate or officeholder who makes political expenditures from the
40-2 candidate's or officeholder's [his] personal funds may reimburse
40-3 those [his] personal funds from political contributions in the
40-4 amount of those expenditures only if:
40-5 (1) the expenditures from personal funds were fully
40-6 reported as political expenditures, including the payees, dates,
40-7 purposes, and amounts of the expenditures, in the report required
40-8 to be filed under this title that covers the period in which the
40-9 expenditures from personal funds were made; and
40-10 (2) the report on which the expenditures from personal
40-11 funds are disclosed clearly designates those expenditures as having
40-12 been made from the person's personal funds and that the
40-13 expenditures are subject to reimbursement.
40-14 (i) "Personal use" does not include the use of contributions
40-15 for:
40-16 (1) defending a criminal action or prosecuting or
40-17 defending a civil action brought by or against the person in the
40-18 person's [his] status as a candidate or officeholder; or
40-19 (2) participating in an election contest or
40-20 participating in a civil action to determine a person's eligibility
40-21 to be a candidate for, or elected or appointed to, a public office
40-22 in this state.
40-23 SECTION 241. Section 253.0351(a), Election Code, is amended
40-24 to read as follows:
40-25 (a) A candidate or officeholder who makes political
40-26 expenditures from the candidate's or officeholder's [his] personal
40-27 funds may report the amount expended as a loan and may reimburse
40-28 those [his] personal funds from political contributions in the
40-29 amount of the reported loan.
40-30 SECTION 242. Section 253.042(a), Election Code, is amended
40-31 to read as follows:
40-32 (a) A candidate or officeholder who makes political
40-33 expenditures from the candidate's or officeholder's [his] personal
40-34 funds may not reimburse those [his] personal funds from political
40-35 contributions in amounts that in the aggregate exceed the following
40-36 amounts for each election in which the person's name appears on the
40-37 ballot:
40-38 (1) for a statewide office other than governor,
40-39 $250,000; and
40-40 (2) for governor, $500,000.
40-41 SECTION 243. Section 253.061, Election Code, is amended to
40-42 read as follows:
40-43 Sec. 253.061. Direct Expenditure of $100 or Less. Except as
40-44 otherwise provided by law, an individual not acting in concert with
40-45 another person may make one or more direct campaign expenditures in
40-46 an election from the individual's [his] own property if:
40-47 (1) the total expenditures on any one or more
40-48 candidates or measures do not exceed $100; and
40-49 (2) the individual receives no reimbursement for the
40-50 expenditures.
40-51 SECTION 244. Section 253.062(a), Election Code, is amended
40-52 to read as follows:
40-53 (a) Except as otherwise provided by law, an individual not
40-54 acting in concert with another person may make one or more direct
40-55 campaign expenditures in an election from the individual's [his]
40-56 own property that exceed $100 on any one or more candidates or
40-57 measures if:
40-58 (1) the individual complies with Chapter 254 as if the
40-59 individual were a campaign treasurer of a political committee; and
40-60 (2) the individual receives no reimbursement for the
40-61 expenditures.
40-62 SECTION 245. Section 254.064(d), Election Code, is amended
40-63 to read as follows:
40-64 (d) If a person becomes an opposed candidate after a
40-65 reporting period prescribed by Subsection (b) or (c), the person
40-66 shall file the person's [his] first report not later than the
40-67 regular deadline for the report covering the period during which
40-68 the person becomes an opposed candidate. The period covered by the
40-69 first report begins the day the candidate's campaign treasurer
41-1 appointment is filed.
41-2 SECTION 246. Section 254.128(c), Election Code, is amended
41-3 to read as follows:
41-4 (c) A campaign treasurer commits an offense if the campaign
41-5 treasurer [he] fails to comply with this section. An offense under
41-6 this section is a Class A misdemeanor.
41-7 SECTION 247. Section 254.129(d), Election Code, is amended
41-8 to read as follows:
41-9 (d) A campaign treasurer commits an offense if the campaign
41-10 treasurer [he] fails to comply with this section. An offense under
41-11 this section is a Class B misdemeanor.
41-12 SECTION 248. Section 254.204(b), Election Code, is amended
41-13 to read as follows:
41-14 (b) A person who disposes of unexpended political
41-15 contributions under Subsection (a)(2) shall report each
41-16 contribution as if the person [he] were a campaign treasurer of a
41-17 specific-purpose committee.
41-18 SECTION 249. Section 255.005(a), Election Code, is amended
41-19 to read as follows:
41-20 (a) A person commits an offense if, with intent to injure a
41-21 candidate or influence the result of an election, the person
41-22 misrepresents the person's [his] identity or, if acting or
41-23 purporting to act as an agent, misrepresents the identity of the
41-24 agent's principal, in political advertising or a campaign
41-25 communication.
41-26 SECTION 250. Sections 255.006(a) and (b), Election Code, are
41-27 amended to read as follows:
41-28 (a) A person commits an offense if the person knowingly
41-29 enters into a contract or other agreement to print, publish, or
41-30 broadcast political advertising with the intent to represent to an
41-31 ordinary and prudent person that a candidate holds a public office
41-32 that the candidate [he] does not hold at the time the agreement is
41-33 made.
41-34 (b) A person commits an offense if the person knowingly
41-35 represents in a campaign communication that a candidate holds a
41-36 public office that the candidate [he] does not hold at the time the
41-37 representation is made.
41-38 SECTION 251. Section 257.003(c), Election Code, is amended
41-39 to read as follows:
41-40 (c) Sections 254.001 and 254.032-254.037 apply to a report
41-41 required by this section as if the party chair [chairman] were a
41-42 campaign treasurer of a political committee and as if the
41-43 contributions or expenditures were political contributions or
41-44 political expenditures.
41-45 SECTION 252. Section 257.005, Election Code, is amended by
41-46 amending the section heading and Subsection (a) to read as follows:
41-47 Sec. 257.005. CANDIDATE FOR STATE CHAIR [CHAIRMAN] OF
41-48 POLITICAL PARTY. (a) A candidate for state chair [chairman] of a
41-49 political party with a nominee on the ballot in the most recent
41-50 gubernatorial general election is subject to the requirements of
41-51 this title that apply to a candidate for public office, except as
41-52 provided by this section.
41-53 SECTION 253. Section 272.010(b), Election Code, is amended
41-54 to read as follows:
41-55 (b) The voter registrar for each county containing an
41-56 election precinct subject to Section 272.002 shall maintain a
41-57 supply of the form required by Subsection (a) and shall keep a
41-58 notice in Spanish posted at the place in the registrar's [his]
41-59 office where voter registration is conducted stating that
41-60 application forms in Spanish are available.
41-61 SECTION 254. Section 273.003(d), Election Code, is amended
41-62 to read as follows:
41-63 (d) On the filing of an application, the district judge
41-64 shall issue an order impounding the records in a secure place under
41-65 the terms and conditions the judge considers necessary to keep them
41-66 under the judge's [his] custody and control during the examination
41-67 and for any additional time the judge directs.
41-68 SECTION 255. Section 273.021(b), Election Code, is amended
41-69 to read as follows:
42-1 (b) The attorney general may appear before a grand jury in
42-2 connection with an offense the attorney general [he] is authorized
42-3 to prosecute under Subsection (a).
42-4 SECTION 256. Section 276.001(a), Election Code, is amended
42-5 to read as follows:
42-6 (a) A person commits an offense if, in retaliation against a
42-7 voter who has voted for or against a candidate or measure or a
42-8 voter who has refused to reveal how the voter [he] voted, the
42-9 person knowingly:
42-10 (1) harms or threatens to harm the voter by an
42-11 unlawful act; or
42-12 (2) with respect to a voter over whom the person has
42-13 authority in the scope of employment, subjects or threatens to
42-14 subject the voter to a loss or reduction of wages or another
42-15 benefit of employment.
42-16 SECTION 257. This Act is intended only to change terminology
42-17 involving gender in the Election Code to appropriate gender-neutral
42-18 terminology. The reenactment of text in this Act to effect this
42-19 change in terminology does not prevail over a conflicting change in
42-20 law, including a conflict in gender-neutral terminology, made by
42-21 another Act of the 75th Legislature, Regular Session, 1997, and
42-22 that conflicting change is given effect with the change in
42-23 terminology made by this Act.
42-24 SECTION 258. This Act takes effect September 1, 1997.
42-25 SECTION 259. The importance of this legislation and the
42-26 crowded condition of the calendars in both houses create an
42-27 emergency and an imperative public necessity that the
42-28 constitutional rule requiring bills to be read on three several
42-29 days in each house be suspended, and this rule is hereby suspended.
42-30 * * * * *