By Madla S.B. No. 510
75R3492 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to conducting and financing primary elections.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 161.006, Election Code, is amended to
1-5 read as follows:
1-6 Sec. 161.006. Holding [Primary or] Precinct Convention of
1-7 More Than One Party in Same Building. A political party may not
1-8 [hold a primary election in the same building in which another
1-9 party is holding a primary election on the same day or] hold a
1-10 precinct convention in the same building in which another party is
1-11 holding a precinct convention on the same day unless:
1-12 (1) the rooms in which the [primary elections or]
1-13 conventions are held are separated so that communication from one
1-14 room to the other is precluded; and
1-15 (2) a sign in bold print identifying the party holding
1-16 the [primary election or] convention is posted at the entrance to
1-17 each room.
1-18 SECTION 2. Section 172.1111, Election Code, is amended to
1-19 read as follows:
1-20 Sec. 172.1111. POSTING NOTICE OF PRECINCT CONVENTION
1-21 REQUIRED. (a) Before the opening of the polls, the presiding
1-22 judge shall post at each outside door through which a voter may
1-23 enter the building in which the polling place is located a written
1-24 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.
2-15 (b) The county clerk shall determine whether to consolidate
2-16 election precincts under Section 42.009 and shall designate the
2-17 location of the polling place in a consolidated precinct. To the
2-18 extent possible, a polling place shall be designated that will
2-19 accommodate the precinct conventions of each political party. If a
2-20 polling place, whether for a regular or consolidated precinct, is
2-21 not suitable for more than one precinct convention, the polling
2-22 place may be used by the party whose candidate for governor
2-23 received the most votes in the county in the most recent
2-24 gubernatorial general election.
2-25 (c) One set of election officers shall conduct the primary
2-26 elections at each polling place. Not later than the second Monday
2-27 in December preceding the primary elections, each county chair
3-1 shall deliver to the county clerk a list of the names of the
3-2 election judges and clerks for that party. The presiding judge of
3-3 each party, or alternate judge if applicable, serves as a co-judge
3-4 for the precinct. The county clerk shall appoint the election
3-5 clerks in accordance with rules prescribed by the secretary of
3-6 state. The secretary of state shall prescribe the maximum number
3-7 of clerks that may be appointed for each precinct. The early
3-8 voting ballot board and any central counting station shall also be
3-9 composed of and administered by one set of election officers, and
3-10 the secretary of state by rule shall prescribe procedures
3-11 consistent with this subsection for the appointment of those
3-12 officers.
3-13 (d) Each co-judge has the law enforcement duties and powers
3-14 provided under Section 32.075. Each co-judge has the exclusive
3-15 authority to conduct challenges on the eligibility of voters,
3-16 tabulate the votes, and deliver the election returns in the primary
3-17 of the party with which that judge is aligned.
3-18 (e) A written certification of the candidates' names that
3-19 are to appear on the primary ballot shall be delivered to the
3-20 county clerk in accordance with rules prescribed by the secretary
3-21 of state.
3-22 (f) The county clerk shall determine the ballot format and
3-23 voting system for each election precinct and shall procure the
3-24 election equipment and supplies.
3-25 (g) A separate set of ballot boxes or other suitable
3-26 containers approved by the secretary of state shall be used for
3-27 each party's primary. The lists of registered voters and the
4-1 voters' registration certificates shall be marked and stamped to
4-2 show the appropriate party affiliation for each voter. The
4-3 secretary of state by rule shall prescribe requirements to ensure
4-4 that one party's ballot is readily distinguished from another's,
4-5 which may include the use of different colors of ink.
4-6 (h) Separate election returns shall be prepared for each
4-7 party's primary and shall be canvassed as provided by this code.
4-8 (i) The secretary of state by rule shall prescribe the
4-9 procedures necessary to implement this section to ensure the
4-10 orderly and proper administration of joint primary elections.
4-11 SECTION 4. Subchapter A, Chapter 173, Election Code, is
4-12 amended by adding Section 173.011 to read as follows:
4-13 Sec. 173.011. FINANCING OF JOINT PRIMARY ELECTIONS
4-14 GENERALLY. (a) This section applies to the financing of joint
4-15 primary elections notwithstanding and in addition to other
4-16 applicable provisions of this code.
4-17 (b) A county is not liable for any expenses incurred in
4-18 connection with a joint primary election other than expenses that
4-19 are normally required to be paid by a county in connection with a
4-20 regular primary election.
4-21 (c) The fee charged under Section 31.100(d) in connection
4-22 with a joint primary election may not exceed 10 percent of the
4-23 total amount of the contract.
4-24 (d) The expenses incurred in connection with securing the
4-25 polling places for the joint primary election, including any
4-26 operating expenses, shall be paid with state funds.
4-27 (e) The compensation of the personnel conducting the joint
5-1 primary election shall be paid with state funds.
5-2 (f) Each county chair is entitled in a particular primary
5-3 election year to $300 of state compensation for the chair's
5-4 services in the joint primary election.
5-5 (g) State funds may be used to pay legal fees on behalf of
5-6 party officials in connection with a joint primary election only on
5-7 the prior written approval of the secretary of state.
5-8 (h) The secretary of state by rule shall prescribe a system
5-9 similar to that prescribed for the political parties for the
5-10 submission of statements by county clerks of estimated and actual
5-11 county expenses connected with the joint primary elections and for
5-12 the reimbursement of appropriate county expenses with state funds.
5-13 (i) The secretary of state shall adopt rules, consistent
5-14 with this section, that are necessary for the fair and efficient
5-15 financing of joint primary elections.
5-16 SECTION 5. This Act takes effect September 1, 1997.
5-17 SECTION 6. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.