By Danburg H.B. No. 1781
76R3771 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to election dates, related dates and deadlines, and to
1-3 certain processes and procedures promoting the consolidation of
1-4 elections.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2.025, Election Code, is amended to read
1-7 as follows:
1-8 Sec. 2.025. RUNOFF ELECTION DAY. (a) Except as otherwise
1-9 provided by this code [Subsection (b)], a runoff election shall be
1-10 held on the 28th [not earlier than the 20th or later than the 30th]
1-11 day after the date [the final canvass] of the main election [is
1-12 completed].
1-13 (b) The [A] runoff election shall [may] be held on the
1-14 seventh day after the regularly scheduled date if that date falls
1-15 [after the period prescribed by law but not later than the 45th day
1-16 after the date the final canvass of the main election is completed
1-17 only to:]
1-18 [(1) permit a joint runoff election to be held with
1-19 another political subdivision in accordance with Chapter 271; or]
1-20 [(2) avoid holding the runoff] on:
1-21 (1) [(A)] a legal state or national holiday; or
1-22 (2) [(B)] a weekend day within three days of a legal
1-23 state or national holiday.
1-24 (c) This section [Subsection (b)] supersedes a law outside
2-1 this subchapter to the extent of a conflict notwithstanding Section
2-2 2.022.
2-3 SECTION 2. Section 31.093, Election Code, is amended to read
2-4 as follows:
2-5 Sec. 31.093. DUTY TO CONTRACT. (a) If requested to do so
2-6 by a political subdivision or political party, the county clerk or
2-7 county elections administrator shall enter into a contract to
2-8 furnish the election services requested, in accordance with a cost
2-9 schedule agreed on by the contracting parties. If the contracting
2-10 parties are unable to reach an agreement, on referral by either
2-11 party, the secretary of state shall either prescribe terms that the
2-12 clerk or administrator must accept or instruct the clerk or
2-13 administrator to decline to enter into a contract with the
2-14 requesting party.
2-15 (b) A county clerk or county elections administrator may,
2-16 but is not required to, enter into a contract to conduct a training
2-17 program for election judges and clerks.
2-18 SECTION 3. Section 31.100(d), Election Code, is amended to
2-19 read as follows:
2-20 (d) The county election officer may not be personally
2-21 compensated for election services performed under an election
2-22 services contract. A fee charged by the officer for general
2-23 supervision of the election may not exceed 25 [10] percent of the
2-24 total amount of the contract, but may not be less than $75.
2-25 SECTION 4. Section 41.001, Election Code, is amended by
2-26 amending Subsections (a) and (b) and adding Subsection (e) to read
2-27 as follows:
3-1 (a) Except as otherwise provided by this subchapter, each
3-2 general or special election in this state shall be held on one of
3-3 the following dates:
3-4 (1) the third Saturday in January;
3-5 (2) the fourth [first] Saturday in March [May];
3-6 (3) the third [second] Saturday in September [August];
3-7 or
3-8 (4) the first Tuesday after the first Monday in
3-9 November.
3-10 (b) Subsection (a) does not apply to:
3-11 (1) a runoff election;
3-12 (2) [a local option election held under the Alcoholic
3-13 Beverage Code;]
3-14 [(3) an election for the issuance or assumption of
3-15 bonds or the levy of a tax for the maintenance of a public school
3-16 or college, if the governing body of the political subdivision
3-17 issuing or assuming the bonds or levying the tax, by resolution,
3-18 order, or ordinance, finds that holding the election on a date
3-19 other than a uniform election date is in the public interest, which
3-20 finding is conclusive and incontestable;]
3-21 [(4)] an election to resolve a tie vote;
3-22 (3) [(5)] an election held under an order of a court
3-23 or other tribunal;
3-24 (4) [(6)] an emergency election ordered under Section
3-25 41.0011;
3-26 (5) [(7)] an expedited election to fill a vacancy in
3-27 the legislature held under Section 203.013; or
4-1 (6) [(8) an election held by a political subdivision
4-2 using the convention method of election;]
4-3 [(9)] an election held under a statute that expressly
4-4 provides that the requirement of Subsection (a) does not apply to
4-5 the election[; or]
4-6 [(10) an election to recall an officer of a political
4-7 subdivision].
4-8 (e) An election in which a majority vote is required may not
4-9 be held on the September uniform election date.
4-10 SECTION 5. Section 41.0052(a), Election Code, is amended to
4-11 read as follows:
4-12 (a) The governing body of a political subdivision other than
4-13 a county may, not later than December 31, 1999 [1997], change the
4-14 date on which it holds its general election for officers to another
4-15 authorized uniform election date. An election on the new date may
4-16 not be held before 2000 [1998].
4-17 SECTION 6. Sections 41.007(a), (b), and (c), Election Code,
4-18 are amended to read as follows:
4-19 (a) The general primary election date is the second Saturday
4-20 in May [second Tuesday in March] in each even-numbered year.
4-21 (b) The runoff primary election date is the second Saturday
4-22 in June [second Tuesday in April] following the general primary
4-23 election.
4-24 (c) The presidential primary election date is the second
4-25 Saturday in May [second Tuesday in March] in each presidential
4-26 election year.
4-27 SECTION 7. Section 42.002, Election Code, is amended to read
5-1 as follows:
5-2 Sec. 42.002. Required Use of County Precincts. (a) The
5-3 county election precincts are the election precincts for the
5-4 following elections:
5-5 (1) the general election for state and county
5-6 officers;
5-7 (2) a special election ordered by the governor;
5-8 (3) a primary election; [and]
5-9 (4) a countywide election ordered by the commissioners
5-10 court, county judge, or other county authority, except an election
5-11 subject to Section 42.062(2); and
5-12 (5) a joint election, to the extent provided by
5-13 Section 42.0621.
5-14 (b) Except as provided by Sections 42.008, [and] 42.009, and
5-15 42.0621, county election precincts may not be consolidated for an
5-16 election.
5-17 SECTION 8. Subchapter C, Chapter 42, Election Code, is
5-18 amended by adding Section 42.0621 to read as follows:
5-19 Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) In a joint
5-20 election, the participating political subdivisions shall use the
5-21 regular county election precincts in the parts of the political
5-22 subdivisions that contain the same territory. Two or more of the
5-23 county election precincts may be consolidated into a single
5-24 precinct if the polling place is located so that it will adequately
5-25 serve the voters of the consolidated precinct.
5-26 (b) Each political subdivision participating in a joint
5-27 election shall establish election precincts in the territory of
6-1 that political subdivision that is not common with territory of
6-2 another participating political subdivision. One or more separate
6-3 precincts may be established in that territory, or that territory
6-4 may be consolidated into one or more precincts established in the
6-5 common territory.
6-6 SECTION 9. Subchapter A, Chapter 43, Election Code, is
6-7 amended by adding Section 43.0051 to read as follows:
6-8 Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION. (a)
6-9 The authorities establishing joint election precincts under Section
6-10 42.0621 shall designate the regular county polling place as the
6-11 joint election polling place for each regular county election
6-12 precinct used in the joint election unless the regular county
6-13 polling place is unavailable, in which case the authorities shall
6-14 designate another location. If county election precincts are
6-15 consolidated for the joint election, the authorities shall
6-16 designate the location of the polling place for each consolidated
6-17 precinct.
6-18 (b) Each political subdivision participating in a joint
6-19 election shall designate polling places in the territory of that
6-20 political subdivision that is not common with territory of another
6-21 participating political subdivision. If the voters of the
6-22 territory that is not common to two or more participating political
6-23 subdivisions can be served adequately and conveniently by a polling
6-24 place located in the common territory of those political
6-25 subdivisions, the common polling place may be designated.
6-26 (c) If the authorities designating a common polling place
6-27 under this section cannot agree on the location, the participating
7-1 political subdivision with the greatest number of registered voters
7-2 shall make the designation.
7-3 SECTION 10. Section 43.033(a), Election Code, is amended to
7-4 read as follows:
7-5 (a) No charge, including a charge for personnel, utilities,
7-6 or other expenses incurred before or after regular business hours,
7-7 may be made for the use of a public building for a polling place if
7-8 the day of the election is a day on which the building is normally
7-9 open for business. If the day of the election is a day on which
7-10 the building is not normally open for business, a reasonable charge
7-11 may be made only for reimbursement for the actual expenses
7-12 resulting from use of the building in the election and a rental
7-13 charge may not be made for the use of the building.
7-14 SECTION 11. Section 172.023(a), Election Code, is amended to
7-15 read as follows:
7-16 (a) An application for a place on the general primary
7-17 election ballot must be filed not later than 6 p.m. on the last
7-18 Monday in February [January 2] in the primary election year unless
7-19 the filing deadline is extended under Subchapter C.
7-20 SECTION 12. Section 172.052(a), Election Code, is amended to
7-21 read as follows:
7-22 (a) A candidate for nomination may not withdraw from the
7-23 general primary election after the 64th [62nd] day before general
7-24 primary election day.
7-25 SECTION 13. Section 172.054(a), Election Code, is amended to
7-26 read as follows:
7-27 (a) The deadline for filing an application for a place on
8-1 the general primary election ballot is extended as provided by this
8-2 section if a candidate who has made an application that complies
8-3 with the applicable requirements:
8-4 (1) dies on or after the fifth day before the date of
8-5 the regular filing deadline and on or before the 64th [62nd] day
8-6 before general primary election day;
8-7 (2) holds the office for which the application was
8-8 made and withdraws or is declared ineligible on or after the date
8-9 of the regular filing deadline and on or before the 64th [62nd] day
8-10 before general primary election day; or
8-11 (3) withdraws or is declared ineligible during the
8-12 period prescribed by Subdivision (2), and at the time of the
8-13 withdrawal or declaration of ineligibility no other candidate has
8-14 made an application that complies with the applicable requirements
8-15 for the office sought by the withdrawn or ineligible candidate.
8-16 SECTION 14. Section 172.055, Election Code, is amended by
8-17 adding Subsection (e) to read as follows:
8-18 (e) Section 1.006 does not apply to this section.
8-19 SECTION 15. Section 172.057, Election Code, is amended to
8-20 read as follows:
8-21 Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
8-22 NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall
8-23 be omitted from the general primary election ballot if the
8-24 candidate withdraws, dies, or is declared ineligible on or before
8-25 the 64th [62nd] day before general primary election day.
8-26 SECTION 16. Section 172.058(a), Election Code, is amended to
8-27 read as follows:
9-1 (a) If a candidate who has made an application for a place
9-2 on the general primary election ballot that complies with the
9-3 applicable requirements dies or is declared ineligible after the
9-4 64th [62nd] day before general primary election day, the
9-5 candidate's name shall be placed on the ballot and the votes cast
9-6 for the candidate shall be counted and entered on the official
9-7 election returns in the same manner as for the other candidates.
9-8 SECTION 17. Section 172.116(b), Election Code, is amended to
9-9 read as follows:
9-10 (b) The committee shall convene to conduct the local canvass
9-11 at the county seat not earlier than 6 p.m. on the first Monday
9-12 [Thursday] or later than 1 p.m. on the first Tuesday [Friday] after
9-13 election day at the hour specified by the county chair.
9-14 SECTION 18. Section 172.120(b), Election Code, is amended to
9-15 read as follows:
9-16 (b) The state executive committee shall convene to conduct
9-17 the state canvass for the general primary election on the second
9-18 Monday [Wednesday] after general primary election day. Not later
9-19 than the second Saturday after runoff primary election day, the
9-20 committee shall convene at the call of the state chair to conduct
9-21 the state canvass of the runoff primary election.
9-22 SECTION 19. Section 174.063(a), Election Code, is amended to
9-23 read as follows:
9-24 (a) The county and senatorial district conventions shall be
9-25 held on the first [third] Saturday after general primary election
9-26 day. [However, if that date occurs during Passover or on the day
9-27 following Good Friday, the conventions shall be held on the next
10-1 Saturday that does not occur during Passover or on the day
10-2 following Good Friday.]
10-3 SECTION 20. Section 181.0041, Election Code, is amended to
10-4 read as follows:
10-5 Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
10-6 party that intends to make nominations under this chapter for the
10-7 general election for state and county officers must register with
10-8 the secretary of state, in the manner prescribed by the secretary,
10-9 not later than the regular filing deadline for candidates in the
10-10 general primary election [January 2 of the election year].
10-11 SECTION 21. Section 181.033(a), Election Code, is amended to
10-12 read as follows:
10-13 (a) Except as provided by Subsection (b), an application for
10-14 nomination by a convention must be filed not later than the regular
10-15 filing deadline for candidates in the general primary election [5
10-16 p.m. on January 2 preceding the convention].
10-17 SECTION 22. Sections 181.061(b) and (c), Election Code, are
10-18 amended to read as follows:
10-19 (b) A party nominating by convention must make its
10-20 nominations for offices of districts situated in more than one
10-21 county at district conventions held on the second Saturday after
10-22 general primary election day [the second Tuesday in March]. A
10-23 district convention consists of delegates selected at the county
10-24 conventions held under Subsection (c).
10-25 (c) A party nominating by convention must make its
10-26 nominations for county and precinct offices and for offices of
10-27 districts not situated in more than one county at county
11-1 conventions held on the first Saturday after general primary
11-2 election day [the second Tuesday in March]. A county convention
11-3 consists of delegates selected at precinct conventions held on
11-4 general primary election day [the second Tuesday in March] in the
11-5 regular county election precincts.
11-6 SECTION 23. Section 182.005, Election Code, is amended to
11-7 read as follows:
11-8 Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A
11-9 political party must make its nominations under this chapter at a
11-10 county convention held on the first Saturday after general primary
11-11 election day [the second Tuesday in March of the election year].
11-12 The convention consists of delegates selected at precinct
11-13 conventions held on general primary election day [the second
11-14 Tuesday in March] in the regular county election precincts.
11-15 SECTION 24. Section 192.032(c), Election Code, is amended to
11-16 read as follows:
11-17 (c) The application must be filed with the secretary of
11-18 state not later than the second Monday in July [May] of the
11-19 presidential election year.
11-20 SECTION 25. Section 202.004(a), Election Code, is amended to
11-21 read as follows:
11-22 (a) A political party's nominee for an unexpired term must
11-23 be nominated by primary election if:
11-24 (1) the political party is making nominations by
11-25 primary election for the general election in which the vacancy is
11-26 to be filled; and
11-27 (2) the vacancy occurs on or before the 64th [62nd]
12-1 day before general primary election day.
12-2 SECTION 26. Section 202.006(a), Election Code, is amended to
12-3 read as follows:
12-4 (a) A political party's state, district, county, or precinct
12-5 executive committee, as appropriate for the particular office, may
12-6 nominate a candidate for the unexpired term if:
12-7 (1) in the case of a party holding a primary election,
12-8 the vacancy occurs after the 64th [62nd] day before general primary
12-9 election day; or
12-10 (2) in the case of a party nominating by convention,
12-11 the vacancy occurs after the fourth day before the date the
12-12 convention having the power to make a nomination for the office
12-13 convenes.
12-14 SECTION 27. Section 204.003, Election Code, is amended to
12-15 read as follows:
12-16 Sec. 204.003. VACANCY FILLED AT GENERAL ELECTION. If a
12-17 vacancy occurs on or after January 1 of an even-numbered year and
12-18 on or before the 64th [62nd] day before general primary election
12-19 day, the remainder of the unexpired term shall be filled at the
12-20 next general election for state and county officers.
12-21 SECTION 28. Section 204.005, Election Code, is amended to
12-22 read as follows:
12-23 Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. If a
12-24 vacancy occurs during an odd-numbered year or after the 64th [62nd]
12-25 day before general primary election day in an even-numbered year,
12-26 the remainder of the unexpired term shall be filled by a special
12-27 election in the same manner as provided by Chapter 203 for the
13-1 legislature, except that:
13-2 (1) the minimum number of signatures that must appear
13-3 on a petition accompanying a candidate's application for a place on
13-4 the ballot is 5,000; and
13-5 (2) Section 203.013 does not apply.
13-6 SECTION 29. Section 271.002, Election Code, is amended to
13-7 read as follows:
13-8 Sec. 271.002. JOINT ELECTIONS REQUIRED [AUTHORIZED]. (a)
13-9 If the elections ordered by the authorities of two or more
13-10 political subdivisions are to be held on the same day in all or
13-11 part of the same territory, the governing bodies of the political
13-12 subdivisions shall [may] enter into an agreement to hold the
13-13 elections jointly [in the election precincts that can be served by
13-14 common polling places, subject to Section 271.003].
13-15 (b) If an election ordered by the governor and the elections
13-16 ordered by the authorities of one or more political subdivisions
13-17 are to be held on the same day in all or part of the same
13-18 territory, the commissioners court of a county in which the
13-19 election ordered by the governor is to be held and the governing
13-20 bodies of the other political subdivisions shall [may] enter into
13-21 an agreement to hold the elections jointly [in the election
13-22 precincts that can be served by common polling places, subject to
13-23 Section 271.003].
13-24 [(c) If another law requires two or more political
13-25 subdivisions to hold a joint election, the governing body of any
13-26 other political subdivision holding an election on the same day in
13-27 all or part of the same territory in which the joint election is to
14-1 be held may enter into an agreement to participate in the joint
14-2 election with the governing bodies of the political subdivisions
14-3 holding the joint election.]
14-4 (c) [(d)] The terms of the [a] joint election agreement,
14-5 including all the decisions necessary for conducting the election
14-6 in accordance with this chapter, must be stated in an order,
14-7 resolution, or other official action adopted by the governing body
14-8 of each participating political subdivision.
14-9 (d) [(e)] The document containing the joint election
14-10 agreement shall be preserved for the period for preserving the
14-11 precinct election records.
14-12 (e) The governing body of each political subdivision
14-13 participating in the joint election shall appoint one
14-14 representative to an election committee, which shall implement the
14-15 joint election agreement.
14-16 SECTION 30. Section 271.005, Election Code, is amended by
14-17 adding Subsection (c) to read as follows:
14-18 (c) For a joint election precinct in which an office of the
14-19 county, state, or federal government is on the ballot, the
14-20 presiding election judge and alternate presiding judge serving that
14-21 precinct must be persons who normally serve as presiding judge and
14-22 alternate presiding judge in the regular county election precinct
14-23 in county elections.
14-24 SECTION 31. Section 271.006, Election Code, is amended to
14-25 read as follows:
14-26 Sec. 271.006. EARLY VOTING. (a) The governing bodies of
14-27 the political subdivisions participating in a joint election shall
15-1 [decide whether to conduct their early voting jointly. The
15-2 governing bodies that decide to conduct joint early voting shall]
15-3 appoint one of their early voting clerks as the early voting clerk
15-4 for the joint early voting.
15-5 (b) The joint early voting shall be conducted at the early
15-6 voting polling place or places at which and during the hours,
15-7 including any extended or weekend hours, that the early voting
15-8 clerk regularly conducts early voting for the clerk's political
15-9 subdivision.
15-10 (c) The regular early voting clerk for each political
15-11 subdivision participating in the joint early voting shall receive
15-12 applications for early voting ballots to be voted by mail in
15-13 accordance with Title 7. The remaining procedures for conducting
15-14 the political subdivision's early voting by mail shall be completed
15-15 by the regular early voting clerk or by the early voting clerk for
15-16 the joint early voting, at the discretion of the governing body of
15-17 each political subdivision participating in the joint early voting.
15-18 [(d) If a governing body decides not to participate in the
15-19 joint early voting, the early voting for that political subdivision
15-20 shall be conducted in accordance with Title 7, except that the
15-21 early voting may be conducted at common polling places.]
15-22 SECTION 32. Sections 271.003 and 271.014, Election Code, are
15-23 repealed.
15-24 SECTION 33. (a) An election that is held on the August
15-25 uniform election date in 1999 is subject to the prior law governing
15-26 that election, and the prior law is continued in effect for that
15-27 purpose.
16-1 (b) Section 41.006, Election Code, applies to a change in
16-2 election dates made in accordance with this Act.
16-3 (c) An election that is ordered before the effective date of
16-4 this Act and that is described by Section 41.001(b)(2), (3), (8),
16-5 or (10), Election Code, as it existed immediately before the
16-6 effective date of this Act, is subject to that prior law, and the
16-7 prior law is continued in effect for that purpose.
16-8 SECTION 34. The term of a person who is serving as a county
16-9 or precinct chair of a political party on the effective date of
16-10 this Act ends on the 20th day after the second Saturday in June
16-11 2000.
16-12 SECTION 35. This Act takes effect September 1, 1999.
16-13 SECTION 36. The importance of this legislation and the
16-14 crowded condition of the calendars in both houses create an
16-15 emergency and an imperative public necessity that the
16-16 constitutional rule requiring bills to be read on three several
16-17 days in each house be suspended, and this rule is hereby suspended.