By: Shapiro S.B. No. 35
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain processes and procedures promoting the
1-2 consolidation of elections.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.001, Election Code, is amended by
1-5 amending Subsections (a) and (b) and adding Subsection (e) to read
1-6 as follows:
1-7 (a) Except as otherwise provided by this subchapter, each
1-8 general or special election in this state shall be held on one of
1-9 the following dates:
1-10 (1) the second [third] Saturday in February [January];
1-11 (2) the first Saturday in May;
1-12 (3) the third [second] Saturday in September [August];
1-13 or
1-14 (4) the first Tuesday after the first Monday in
1-15 November.
1-16 (b) Subsection (a) does not apply to:
1-17 (1) a runoff election;
1-18 (2) [a local option election held under the Alcoholic
1-19 Beverage Code;]
1-20 [(3) an election for the issuance or assumption of
1-21 bonds or the levy of a tax for the maintenance of a public school
1-22 or college, if the governing body of the political subdivision
1-23 issuing or assuming the bonds or levying the tax, by resolution,
1-24 order, or ordinance, finds that holding the election on a date
2-1 other than a uniform election date is in the public interest, which
2-2 finding is conclusive and incontestable;]
2-3 [(4)] an election to resolve a tie vote;
2-4 (3) [(5)] an election held under an order of a court
2-5 or other tribunal;
2-6 (4) [(6)] an emergency election ordered under Section
2-7 41.0011;
2-8 (5) [(7)] an expedited election to fill a vacancy in
2-9 the legislature held under Section 203.013; or
2-10 (6) [(8) an election held by a political subdivision
2-11 using the convention method of election;]
2-12 [(9)] an election held under a statute that expressly
2-13 provides that the requirement of Subsection (a) does not apply to
2-14 the election[; or]
2-15 [(10) an election to recall an officer of a political
2-16 subdivision].
2-17 (e) An election for an office in which a majority vote is
2-18 required may not be held on the September or February uniform
2-19 election date.
2-20 SECTION 2. Subsection (a), Section 41.0052, Election Code,
2-21 is amended to read as follows:
2-22 (a) The governing body of a political subdivision other than
2-23 a county may, not later than December 31, 1999 [1997], change the
2-24 date on which it holds its general election for officers to another
2-25 authorized uniform election date. An election on the new date may
2-26 not be held before 2000 [1998].
3-1 SECTION 3. Section 42.002, Election Code, is amended to read
3-2 as follows:
3-3 Sec. 42.002. Required Use of County Precincts. (a) The
3-4 county election precincts are the election precincts for the
3-5 following elections:
3-6 (1) the general election for state and county
3-7 officers;
3-8 (2) a special election ordered by the governor;
3-9 (3) a primary election; [and]
3-10 (4) a countywide election ordered by the commissioners
3-11 court, county judge, or other county authority, except an election
3-12 subject to Section 42.062(2); and
3-13 (5) a joint election, to the extent provided by
3-14 Section 42.0621.
3-15 (b) Except as provided by Sections 42.008, [and] 42.009, and
3-16 42.0621, county election precincts may not be consolidated for an
3-17 election.
3-18 SECTION 4. Subchapter C, Chapter 42, Election Code, is
3-19 amended by adding Section 42.0621 to read as follows:
3-20 Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) In a joint
3-21 election, the participating political subdivisions shall use the
3-22 regular county election precincts in the parts of the political
3-23 subdivisions that contain the same territory. Two or more of the
3-24 county election precincts may be consolidated into a single
3-25 precinct if the polling place is located so that it will adequately
3-26 serve the voters of the consolidated precinct.
4-1 (b) Each political subdivision participating in a joint
4-2 election shall establish election precincts in the territory of
4-3 that political subdivision that is not common with territory of
4-4 another participating political subdivision. One or more separate
4-5 precincts may be established in that territory, or that territory
4-6 may be consolidated into one or more precincts established in the
4-7 common territory.
4-8 SECTION 5. Subchapter A, Chapter 43, Election Code, is
4-9 amended by adding Section 43.0051 to read as follows:
4-10 Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION.
4-11 (a) The authorities establishing joint election precincts under
4-12 Section 42.0621 shall designate the regular county polling place as
4-13 the joint election polling place for each regular county election
4-14 precinct used in the joint election unless the regular county
4-15 polling place is unavailable, in which case the authorities shall
4-16 designate another location. If county election precincts are
4-17 consolidated for the joint election, the authorities shall
4-18 designate the location of the polling place for each consolidated
4-19 precinct.
4-20 (b) Each political subdivision participating in a joint
4-21 election shall designate polling places in the territory of that
4-22 political subdivision that is not common with territory of another
4-23 participating political subdivision. If the voters of the
4-24 territory that is not common to two or more participating political
4-25 subdivisions can be served adequately and conveniently by a polling
4-26 place located in the common territory of those political
5-1 subdivisions, the common polling place may be designated.
5-2 SECTION 6. Section 271.002, Election Code, is amended to
5-3 read as follows:
5-4 Sec. 271.002. Joint Elections Required [Authorized].
5-5 (a) If the elections ordered by the authorities of two or more
5-6 political subdivisions are to be held on the same day in all or
5-7 part of the same territory, the governing bodies of the political
5-8 subdivisions shall [may] enter into an agreement to hold the
5-9 elections jointly [in the election precincts that can be served by
5-10 common polling places, subject to Section 271.003].
5-11 (b) If an election ordered by the governor and the elections
5-12 ordered by the authorities of one or more political subdivisions
5-13 are to be held on the same day in all or part of the same
5-14 territory, the commissioners court of a county in which the
5-15 election ordered by the governor is to be held and the governing
5-16 bodies of the other political subdivisions shall [may] enter into
5-17 an agreement to hold the elections jointly [in the election
5-18 precincts that can be served by common polling places, subject to
5-19 Section 271.003].
5-20 (c) [If another law requires two or more political
5-21 subdivisions to hold a joint election, the governing body of any
5-22 other political subdivision holding an election on the same day in
5-23 all or part of the same territory in which the joint election is to
5-24 be held may enter into an agreement to participate in the joint
5-25 election with the governing bodies of the political subdivisions
5-26 holding the joint election.]
6-1 [(d)] The terms of the [a] joint election agreement,
6-2 including all the decisions necessary for conducting the election
6-3 in accordance with this chapter, must be stated in an order,
6-4 resolution, or other official action adopted by the governing body
6-5 of each participating political subdivision not later than the 60th
6-6 day before the date of a general election for state and county
6-7 officers or the 40th day before the date of any other election, as
6-8 applicable. If the governing bodies cannot agree on the terms of
6-9 the agreement, the disputed terms shall be resolved through an
6-10 alternative dispute resolution procedure. The secretary of state
6-11 shall prescribe a model joint election agreement and alternative
6-12 dispute resolution procedure for the use of political subdivisions
6-13 in implementing this section.
6-14 (d) [(e)] The document containing the joint election
6-15 agreement shall be preserved for the period for preserving the
6-16 precinct election records.
6-17 (e) The governing body of each political subdivision
6-18 participating in the joint election shall appoint one
6-19 representative to an election committee, which shall implement the
6-20 joint election agreement. In a joint election held in a county
6-21 having the position of county elections administrator, the
6-22 administrator shall serve on the committee.
6-23 SECTION 7. Section 271.005, Election Code, is amended by
6-24 adding Subsection (c) to read as follows:
6-25 (c) For a joint election precinct in which an office of the
6-26 county, state, or federal government is on the ballot, the
7-1 presiding election judge and alternate presiding judge serving that
7-2 precinct must be persons who normally serve as presiding judge and
7-3 alternate presiding judge in the regular county election precinct
7-4 in county elections. In addition, the presiding judge of the early
7-5 voting ballot board and the chair of a signature verification
7-6 committee for such a joint election must be persons who normally
7-7 would be appointed to serve in those positions in the particular
7-8 election in which an office of the county, state, or federal
7-9 government is on the ballot.
7-10 SECTION 8. Section 271.006, Election Code, is amended to
7-11 read as follows:
7-12 Sec. 271.006. EARLY VOTING. (a) The governing bodies of
7-13 the political subdivisions participating in a joint election shall
7-14 [decide whether to conduct their early voting jointly. The
7-15 governing bodies that decide to conduct joint early voting shall]
7-16 appoint one of their early voting clerks as the early voting clerk
7-17 for the joint early voting.
7-18 (b) The joint early voting shall be conducted at the early
7-19 voting polling place or places at which and during the hours,
7-20 including any extended or weekend hours, that the early voting
7-21 clerk regularly conducts early voting for the clerk's political
7-22 subdivision.
7-23 (c) The regular early voting clerk for each political
7-24 subdivision participating in the joint early voting shall receive
7-25 applications for early voting ballots to be voted by mail in
7-26 accordance with Title 7. The remaining procedures for conducting
8-1 the political subdivision's early voting by mail shall be completed
8-2 by the regular early voting clerk or by the early voting clerk for
8-3 the joint early voting, at the discretion of the governing body of
8-4 each political subdivision participating in the joint early voting.
8-5 [(d) If a governing body decides not to participate in the
8-6 joint early voting, the early voting for that political subdivision
8-7 shall be conducted in accordance with Title 7, except that the
8-8 early voting may be conducted at common polling places.]
8-9 SECTION 9. Sections 271.003 and 271.014, Election Code, are
8-10 repealed.
8-11 SECTION 10. (a) An election that is held on the August
8-12 uniform election date in 1999 is subject to the prior law governing
8-13 that election, and the prior law is continued in effect for that
8-14 purpose.
8-15 (b) Section 41.006, Election Code, applies to a change in
8-16 election dates made in accordance with this Act.
8-17 (c) An election that is ordered before the effective date of
8-18 this Act and that is described by Subdivision (2), (3), (8), or
8-19 (10), Subsection (b), Section 41.001, Election Code, as it existed
8-20 immediately before the effective date of this Act, is subject to
8-21 that prior law, and the prior law is continued in effect for that
8-22 purpose.
8-23 SECTION 11. This Act takes effect September 1, 1999.
8-24 SECTION 12. The importance of this legislation and the
8-25 crowded condition of the calendars in both houses create an
8-26 emergency and an imperative public necessity that the
9-1 constitutional rule requiring bills to be read on three several
9-2 days in each house be suspended, and this rule is hereby suspended.