By: Madla S.B. No. 510
A BILL TO BE ENTITLED
AN ACT
1-1 relating to conducting and financing primary elections.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 161.006, Election Code, is amended to
1-4 read as follows:
1-5 Sec. 161.006. Holding [Primary or] Precinct Convention of
1-6 More Than One Party in Same Building. A political party may not
1-7 [hold a primary election in the same building in which another
1-8 party is holding a primary election on the same day or] hold a
1-9 precinct convention in the same building in which another party is
1-10 holding a precinct convention on the same day unless:
1-11 (1) the rooms in which the [primary elections or]
1-12 conventions are held are separated so that communication from one
1-13 room to the other is precluded; and
1-14 (2) a sign in bold print identifying the party holding
1-15 the [primary election or] convention is posted at the entrance to
1-16 each room.
1-17 SECTION 2. Section 172.1111, Election Code, is amended to
1-18 read as follows:
1-19 Sec. 172.1111. POSTING NOTICE OF PRECINCT CONVENTION
1-20 REQUIRED. (a) Before the opening of the polls, the presiding
1-21 judge shall post at each outside door through which a voter may
1-22 enter the building in which the polling place is located a written
1-23 notice in bold print of the date, hour, and place for convening the
2-1 precinct convention.
2-2 (b) The judge is not required to use an officially
2-3 prescribed form for the notice.
2-4 (c) The notice must remain posted continuously through
2-5 election day.
2-6 SECTION 3. Subchapter E, Chapter 172, Election Code, is
2-7 amended by adding Section 172.126 to read as follows:
2-8 Sec. 172.126. JOINT PRIMARIES AUTHORIZED. (a) The primary
2-9 elections in a county may be conducted jointly at the regular
2-10 polling places designated for the general election for state and
2-11 county officers. The county clerk shall supervise the overall
2-12 conduct of the joint primary elections. This section applies to
2-13 the conduct of joint primary elections notwithstanding and in
2-14 addition to other applicable provisions of this code. The decision
2-15 to conduct a joint primary election must be made by majority vote
2-16 of the full membership of the commissioners court and with the
2-17 unanimous approval of the county clerk and the county chair of each
2-18 political party required to nominate candidates by primary
2-19 election.
2-20 (b) The county clerk shall determine whether to consolidate
2-21 election precincts under Section 42.009 and shall designate the
2-22 location of the polling place in a consolidated precinct. To the
2-23 extent possible, a polling place shall be designated that will
2-24 accommodate the precinct conventions of each political party. If a
2-25 polling place, whether for a regular or consolidated precinct, is
3-1 not suitable for more than one precinct convention, the polling
3-2 place may be used by the party whose candidate for governor
3-3 received the most votes in the county in the most recent
3-4 gubernatorial general election.
3-5 (c) One set of election officers shall conduct the primary
3-6 elections at each polling place. Not later than the second Monday
3-7 in December preceding the primary elections, each county chair
3-8 shall deliver to the county clerk a list of the names of the
3-9 election judges and clerks for that party. The presiding judge of
3-10 each party, or alternate judge if applicable, serves as a co-judge
3-11 for the precinct. The county clerk shall appoint the election
3-12 clerks in accordance with rules prescribed by the secretary of
3-13 state. The secretary of state shall prescribe the maximum number
3-14 of clerks that may be appointed for each precinct. The early
3-15 voting ballot board and any central counting station shall also be
3-16 composed of and administered by one set of election officers that
3-17 provides representation for each party, and the secretary of state
3-18 by rule shall prescribe procedures consistent with this subsection
3-19 for the appointment of those officers.
3-20 (d) Each co-judge has the law enforcement duties and powers
3-21 provided under Section 32.075. Each co-judge has the exclusive
3-22 authority to conduct challenges on the eligibility of voters,
3-23 tabulate the votes, and deliver the election returns in the primary
3-24 of the party with which that judge is affiliated or aligned.
3-25 (e) A written certification of the candidates' names that
4-1 are to appear on the primary ballot shall be delivered to the
4-2 county clerk in accordance with rules prescribed by the secretary
4-3 of state.
4-4 (f) The county clerk shall determine the ballot format and
4-5 voting system for each election precinct and shall procure the
4-6 election equipment and supplies.
4-7 (g) A separate set of ballot boxes or other suitable
4-8 containers approved by the secretary of state shall be used for
4-9 each party's primary, except that one set of ballot boxes or other
4-10 containers may be used in a joint primary using an electronic
4-11 voting system in which the ballots are deposited by the voters
4-12 directly into a unit of automatic tabulating equipment. The lists
4-13 of registered voters and the voters' registration certificates
4-14 shall be marked and stamped to show the appropriate party
4-15 affiliation for each voter. A separate list of registered voters
4-16 shall be used for each party's primary. The secretary of state by
4-17 rule shall prescribe requirements to ensure that one party's ballot
4-18 is readily distinguished from another's, which may include the use
4-19 of different colors of ink.
4-20 (h) Separate election returns shall be prepared for each
4-21 party's primary and shall be canvassed as provided by this code.
4-22 (i) The secretary of state by rule shall prescribe the
4-23 procedures necessary to implement this section to ensure the
4-24 orderly and proper administration of joint primary elections.
4-25 SECTION 4. Subchapter A, Chapter 173, Election Code, is
5-1 amended by adding Section 173.011 to read as follows:
5-2 Sec. 173.011. FINANCING OF JOINT PRIMARY ELECTIONS
5-3 GENERALLY. (a) This section applies to the financing of joint
5-4 primary elections notwithstanding and in addition to other
5-5 applicable provisions of this code.
5-6 (b) Any surplus remaining in a county primary fund shall be
5-7 remitted to the county clerk immediately after the final payment
5-8 from the fund of the necessary expenses for holding the primary
5-9 elections for that year, but not later than July 1 following the
5-10 applicable primary election. The surplus in the primary fund shall
5-11 be remitted regardless of whether state funds were requested by the
5-12 chair. Any surplus primary funds received by the county clerk
5-13 under this subsection may be used only for paying the remaining
5-14 expenses of the joint primary election.
5-15 (c) The secretary of state shall adopt rules, consistent
5-16 with this chapter to the extent practicable, that are necessary for
5-17 the fair and efficient financing of joint primary elections.
5-18 SECTION 5. This Act takes effect September 1, 1997.
5-19 SECTION 6. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.