1-1 By: Madla S.B. No. 510
1-2 (In the Senate - Filed February 10, 1997; February 12, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 7, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; April 7, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 510 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to conducting and financing primary elections.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 161.006, Election Code, is amended to
1-13 read as follows:
1-14 Sec. 161.006. Holding [Primary or] Precinct Convention of
1-15 More Than One Party in Same Building. A political party may not
1-16 [hold a primary election in the same building in which another
1-17 party is holding a primary election on the same day or] hold a
1-18 precinct convention in the same building in which another party is
1-19 holding a precinct convention on the same day unless:
1-20 (1) the rooms in which the [primary elections or]
1-21 conventions are held are separated so that communication from one
1-22 room to the other is precluded; and
1-23 (2) a sign in bold print identifying the party holding
1-24 the [primary election or] convention is posted at the entrance to
1-25 each room.
1-26 SECTION 2. Section 172.1111, Election Code, is amended to
1-27 read as follows:
1-28 Sec. 172.1111. POSTING NOTICE OF PRECINCT CONVENTION
1-29 REQUIRED. (a) Before the opening of the polls, the presiding
1-30 judge shall post at each outside door through which a voter may
1-31 enter the building in which the polling place is located a written
1-32 notice in bold print of the date, hour, and place for convening the
1-33 precinct convention.
1-34 (b) The judge is not required to use an officially
1-35 prescribed form for the notice.
1-36 (c) The notice must remain posted continuously through
1-37 election day.
1-38 SECTION 3. Subchapter E, Chapter 172, Election Code, is
1-39 amended by adding Section 172.126 to read as follows:
1-40 Sec. 172.126. JOINT PRIMARIES AUTHORIZED. (a) The primary
1-41 elections in a county may be conducted jointly at the regular
1-42 polling places designated for the general election for state and
1-43 county officers. The county clerk shall supervise the overall
1-44 conduct of the joint primary elections. This section applies to
1-45 the conduct of joint primary elections notwithstanding and in
1-46 addition to other applicable provisions of this code. The decision
1-47 to conduct a joint primary election must be made by majority vote
1-48 of the full membership of the commissioners court and with the
1-49 unanimous approval of the county clerk and the county chair of each
1-50 political party required to nominate candidates by primary
1-51 election.
1-52 (b) The county clerk shall determine whether to consolidate
1-53 election precincts under Section 42.009 and shall designate the
1-54 location of the polling place in a consolidated precinct. To the
1-55 extent possible, a polling place shall be designated that will
1-56 accommodate the precinct conventions of each political party. If a
1-57 polling place, whether for a regular or consolidated precinct, is
1-58 not suitable for more than one precinct convention, the polling
1-59 place may be used by the party whose candidate for governor
1-60 received the most votes in the county in the most recent
1-61 gubernatorial general election.
1-62 (c) One set of election officers shall conduct the primary
1-63 elections at each polling place. Not later than the second Monday
1-64 in December preceding the primary elections, each county chair
2-1 shall deliver to the county clerk a list of the names of the
2-2 election judges and clerks for that party. The presiding judge of
2-3 each party, or alternate judge if applicable, serves as a co-judge
2-4 for the precinct. The county clerk shall appoint the election
2-5 clerks in accordance with rules prescribed by the secretary of
2-6 state. The secretary of state shall prescribe the maximum number
2-7 of clerks that may be appointed for each precinct. The early
2-8 voting ballot board and any central counting station shall also be
2-9 composed of and administered by one set of election officers that
2-10 provides representation for each party, and the secretary of state
2-11 by rule shall prescribe procedures consistent with this subsection
2-12 for the appointment of those officers.
2-13 (d) Each co-judge has the law enforcement duties and powers
2-14 provided under Section 32.075. Each co-judge has the exclusive
2-15 authority to conduct challenges on the eligibility of voters,
2-16 tabulate the votes, and deliver the election returns in the primary
2-17 of the party with which that judge is affiliated or aligned.
2-18 (e) A written certification of the candidates' names that
2-19 are to appear on the primary ballot shall be delivered to the
2-20 county clerk in accordance with rules prescribed by the secretary
2-21 of state.
2-22 (f) The county clerk shall determine the ballot format and
2-23 voting system for each election precinct and shall procure the
2-24 election equipment and supplies.
2-25 (g) A separate set of ballot boxes or other suitable
2-26 containers approved by the secretary of state shall be used for
2-27 each party's primary, except that one set of ballot boxes or other
2-28 containers may be used in a joint primary using an electronic
2-29 voting system in which the ballots are deposited by the voters
2-30 directly into a unit of automatic tabulating equipment. The lists
2-31 of registered voters and the voters' registration certificates
2-32 shall be marked and stamped to show the appropriate party
2-33 affiliation for each voter. A separate list of registered voters
2-34 shall be used for each party's primary. The secretary of state by
2-35 rule shall prescribe requirements to ensure that one party's ballot
2-36 is readily distinguished from another's, which may include the use
2-37 of different colors of ink.
2-38 (h) Separate election returns shall be prepared for each
2-39 party's primary and shall be canvassed as provided by this code.
2-40 (i) The secretary of state by rule shall prescribe the
2-41 procedures necessary to implement this section to ensure the
2-42 orderly and proper administration of joint primary elections.
2-43 SECTION 4. Subchapter A, Chapter 173, Election Code, is
2-44 amended by adding Section 173.011 to read as follows:
2-45 Sec. 173.011. FINANCING OF JOINT PRIMARY ELECTIONS
2-46 GENERALLY. (a) This section applies to the financing of joint
2-47 primary elections notwithstanding and in addition to other
2-48 applicable provisions of this code.
2-49 (b) Any surplus remaining in a county primary fund shall be
2-50 remitted to the county clerk immediately after the final payment
2-51 from the fund of the necessary expenses for holding the primary
2-52 elections for that year, but not later than July 1 following the
2-53 applicable primary election. The surplus in the primary fund shall
2-54 be remitted regardless of whether state funds were requested by the
2-55 chair. Any surplus primary funds received by the county clerk
2-56 under this subsection may be used only for paying the remaining
2-57 expenses of the joint primary election.
2-58 (c) The secretary of state shall adopt rules, consistent
2-59 with this chapter to the extent practicable, that are necessary for
2-60 the fair and efficient financing of joint primary elections.
2-61 SECTION 5. This Act takes effect September 1, 1997.
2-62 SECTION 6. The importance of this legislation and the
2-63 crowded condition of the calendars in both houses create an
2-64 emergency and an imperative public necessity that the
2-65 constitutional rule requiring bills to be read on three several
2-66 days in each house be suspended, and this rule is hereby suspended.
2-67 * * * * *