By Maxey H.B. No. 2689
77R8970 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the conduct of primary elections.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.092, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 31.092. CONTRACT FOR ELECTION SERVICES AUTHORIZED. (a)
1-7 The county election officer may contract with the governing body of
1-8 a political subdivision situated wholly or partly in the county
1-9 served by the officer to perform election services, as provided by
1-10 this subchapter, in any one or more elections ordered by an
1-11 authority of the political subdivision.
1-12 (b) [The county election officer may contract with the
1-13 county executive committee of a political party holding a primary
1-14 election in the county to perform election services, as provided by
1-15 this subchapter, in the party's general primary election or runoff
1-16 primary election, or both. To be binding, a contract under this
1-17 subsection must be approved in writing by the secretary of state,
1-18 and the execution of a contract is not completed until written
1-19 approval is obtained.]
1-20 [(c)] An election services contract need not be submitted to
1-21 the commissioners court for approval.
1-22 SECTION 2. Section 42.0051(a), Election Code, is amended to
1-23 read as follows:
1-24 (a) If changes in county election precinct boundaries to
2-1 give effect to a redistricting plan result in county election
2-2 precincts with a number of registered voters less than 500, a
2-3 commissioners court for a general, primary, or special election[,
2-4 or for a primary election the county executive committee of a
2-5 political party conducting a primary election,] may combine county
2-6 election precincts notwithstanding Section 42.005 to avoid
2-7 unreasonable expenditures for election equipment, supplies, and
2-8 personnel.
2-9 SECTION 3. Section 42.009, Election Code, is amended to read
2-10 as follows:
2-11 Sec. 42.009. CONSOLIDATING PRECINCTS IN PRIMARY ELECTION. A
2-12 [The] county clerk [executive committee of a political party]
2-13 holding a primary election may order two or more county election
2-14 precincts consolidated into a single precinct if:
2-15 (1) the polling place is located so it will adequately
2-16 serve the voters of the consolidated precinct; and
2-17 (2) at least one consolidated precinct is situated
2-18 wholly within each commissioners precinct.
2-19 SECTION 4. Section 43.003, Election Code, is amended to read
2-20 as follows:
2-21 Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION.
2-22 The regular polling places designated for the general election for
2-23 state and county officers shall be used for each precinct in
2-24 [county chair of a political party holding] a primary election
2-25 [shall designate the location of the polling place for each
2-26 election precinct in the primary] unless the precinct is one that
2-27 is consolidated. In that case, the county clerk [executive
3-1 committee] shall designate the location. To the extent possible, a
3-2 polling place shall be designated that will accommodate the
3-3 precinct conventions of each political party.
3-4 SECTION 5. Section 43.034(c), Election Code, is amended to
3-5 read as follows:
3-6 (c) The governing body of each political subdivision that
3-7 holds elections shall cooperate with the commissioners court in its
3-8 respective county in implementing this section and is subject to
3-9 the same requirements for compliance as prescribed by Subsection
3-10 (b). If the authority holding an election rejects a
3-11 county-designated polling place that is available and chooses to
3-12 use a different site of its own designation, it shall provide a
3-13 polling place that complies with Subsection (a) at its own expense.
3-14 [A political party that is holding a primary election may not
3-15 reject an available county-designated polling place without the
3-16 prior consent of the secretary of state.]
3-17 SECTION 6. Section 51.003, Election Code, is amended to read
3-18 as follows:
3-19 Sec. 51.003. PROCURING AND ALLOCATING SUPPLIES. Except as
3-20 otherwise provided by law, the following authority shall procure
3-21 the election supplies necessary to conduct an election and shall
3-22 determine the quantity of the various types of supplies to be
3-23 provided to each precinct polling place and early voting polling
3-24 place:
3-25 (1) for an election ordered by the governor or a
3-26 county authority or for a primary election, the county clerk,
3-27 subject to the approval of the county election board;
4-1 (2) [for a primary election, the county chair of the
4-2 political party holding the primary, subject to the approval of the
4-3 party's county executive committee;]
4-4 [(3)] for an election ordered by a city authority, the
4-5 city secretary; and
4-6 (3) [(4)] for an election ordered by an authority of a
4-7 political subdivision other than a county or city, the secretary of
4-8 the subdivision's governing body or, if the governing body has no
4-9 secretary, the governing body's presiding officer.
4-10 SECTION 7. Section 52.002, Election Code, is amended to read
4-11 as follows:
4-12 Sec. 52.002. AUTHORITY PREPARING BALLOT. Except as
4-13 otherwise provided by law, the following authority shall have the
4-14 official ballot prepared:
4-15 (1) for an election ordered by the governor or a
4-16 county authority, the county clerk;
4-17 (2) for a primary election, the county clerk [chair of
4-18 the political party holding the primary];
4-19 (3) for an election ordered by a city authority, the
4-20 city secretary; and
4-21 (4) for an election ordered by an authority of a
4-22 political subdivision other than a county or city, the secretary of
4-23 the subdivision's governing body or, if the governing body has no
4-24 secretary, the governing body's presiding officer.
4-25 SECTION 8. Section 52.007, Election Code, is amended to read
4-26 as follows:
4-27 Sec. 52.007. SPECIMEN BALLOT. (a) An official ballot for
5-1 each ballot format used in each election shall be designated a
5-2 specimen ballot.
5-3 (b) The specimen ballot shall be made available for public
5-4 inspection:
5-5 (1) for an election other than a primary election, in
5-6 the office of the authority responsible for having the official
5-7 ballot prepared; or
5-8 (2) for a primary election, in the office of the
5-9 county clerk.
5-10 (c) The specimen ballot shall be made available for public
5-11 inspection as soon as practicable after the official ballots have
5-12 been prepared for the election and shall be preserved for the
5-13 period for preserving the precinct election records.
5-14 (d) [The county chair of each political party holding a
5-15 primary election shall deliver the ballots to be used as specimen
5-16 ballots to the county clerk when the official ballots are received
5-17 from the printer.]
5-18 [(e)] The authority in whose office the specimen ballot is
5-19 kept shall mark each specimen ballot with "SPECIMEN" in a manner
5-20 that will not prevent the reading of its contents. If more than
5-21 one ballot format is used in the election, the authority shall
5-22 indicate on the specimen ballot the election precincts in which
5-23 each ballot format is used.
5-24 (e) [(f)] A specimen ballot may not be reproduced for
5-25 distribution.
5-26 SECTION 9. Section 123.001(b), Election Code, is amended to
5-27 read as follows:
6-1 (b) The decision on whether to adopt a voting system is made
6-2 by the following authority:
6-3 (1) for general elections for state and county
6-4 officers and for primary elections, the commissioners court; and
6-5 (2) [for primary elections, the county executive
6-6 committee of the political party holding the primary; and]
6-7 [(3)] for any other elections:
6-8 (A) the commissioners court, if ordered by the
6-9 governor or by a county authority; or
6-10 (B) the governing body of the political
6-11 subdivision served by the authority ordering the elections, if
6-12 ordered by an authority serving a political subdivision other than
6-13 a county.
6-14 SECTION 10. Section 172.028, Election Code, is amended to
6-15 read as follows:
6-16 Sec. 172.028. [STATE CHAIR'S] CERTIFICATION OF NAMES FOR
6-17 PLACEMENT ON GENERAL PRIMARY BALLOT. (a) Except as provided by
6-18 Subsection (c), the state and each county chair shall certify in
6-19 writing for placement on the general primary election ballot the
6-20 name of each candidate who files with the chair an application that
6-21 complies with Section 172.021(b).
6-22 (b) Not later than the 57th day before general primary
6-23 election day:
6-24 (1) [,] the state chair shall deliver the
6-25 certification to the county clerk [chair] in each county in which
6-26 the candidate's name is to appear on the ballot; and
6-27 (2) the county chair shall deliver the certification
7-1 to the county clerk.
7-2 (c) A candidate's name may not be certified:
7-3 (1) if, before delivering the certification, the state
7-4 or county chair learns that the name is to be omitted from the
7-5 ballot under Section 172.057; or
7-6 (2) for an office for which the candidate's
7-7 application is invalid under Section 141.033.
7-8 (d) A copy of each certification shall be made available on
7-9 request, without charge, to each newspaper published in this state
7-10 and to each licensed radio and television station in this state.
7-11 (e) The county clerk shall deliver a list of the names of
7-12 each candidate certified by the state chair to the county chair for
7-13 use in the drawing under Section 172.082.
7-14 SECTION 11. Section 172.082, Election Code, is amended by
7-15 adding Subsection (f) to read as follows:
7-16 (f) Not later than 24 hours after the drawing occurs, the
7-17 county chair shall certify in writing to the county clerk the order
7-18 of the candidates' names on the general primary election ballot for
7-19 the county.
7-20 SECTION 12. Section 172.084, Election Code, is amended by
7-21 adding Subsection (f) to read as follows:
7-22 (f) Not later than 24 hours after the drawing occurs, the
7-23 county chair shall certify in writing to the county clerk the order
7-24 of the candidates' names on the runoff primary election ballot for
7-25 the county.
7-26 SECTION 13. Section 172.090(a), Election Code, is amended to
7-27 read as follows:
8-1 (a) In a primary election in which election precincts are
8-2 consolidated, the county clerk [executive committee] may provide by
8-3 resolution, order, or other official action for voting in a
8-4 consolidated precinct by separate paper ballot for the office of
8-5 precinct chair.
8-6 SECTION 14. Section 172.111(b), Election Code, is amended to
8-7 read as follows:
8-8 (b) The county clerk [executive committee] shall supervise
8-9 the overall conduct of a primary election in each county.
8-10 SECTION 15. Section 172.1112(a), Election Code, is amended
8-11 to read as follows:
8-12 (a) The county clerk [chair] shall post a notice of the
8-13 election and a notice of consolidated precincts, if applicable, in
8-14 the manner prescribed by Section 4.003(b) for general and special
8-15 elections. The notice of the election shall be posted on the
8-16 bulletin board used for posting notice of meetings of the
8-17 commissioners court.
8-18 SECTION 16. Subchapter E, Chapter 172, Election Code, is
8-19 amended by adding Section 172.1113 to read as follows:
8-20 Sec. 172.1113. JOINT PRIMARY REQUIRED. (a) Each primary
8-21 election shall be conducted jointly as required by this section.
8-22 (b) If a polling place, whether for a regular or
8-23 consolidated precinct, is not suitable for more than one precinct
8-24 convention, the polling place may be used by the party whose
8-25 candidate for governor received the most votes in the precinct in
8-26 the most recent gubernatorial general election.
8-27 (c) One set of election officers shall conduct the primary
9-1 elections at each polling place. Not later than the second Monday
9-2 in December preceding the primary elections, each county chair
9-3 shall deliver to the county clerk a list of the names of the
9-4 election judges for that party. The presiding judge of each party
9-5 serves as a co-judge for the precinct. The county clerk shall
9-6 appoint the election clerks and shall designate a chief clerk in
9-7 accordance with rules prescribed by the secretary of state. In the
9-8 absence of a presiding judge for a party, the chief clerk shall
9-9 serve as presiding judge for that party. The chief clerk may serve
9-10 as presiding judge for more than one party. The secretary of state
9-11 shall prescribe the maximum number of clerks that may be appointed
9-12 for each precinct. The early voting ballot board and any central
9-13 counting station shall also be composed of and administered by one
9-14 set of election officers that provides representation for each
9-15 party, and the secretary of state by rule shall prescribe
9-16 procedures consistent with this subsection for the appointment of
9-17 those officers.
9-18 (d) Each co-judge has the law enforcement duties and powers
9-19 provided under Section 32.075. Each co-judge has the exclusive
9-20 authority to conduct challenges on the eligibility of voters,
9-21 tabulate the votes, and deliver the election returns in the primary
9-22 of the party with which that judge is affiliated or aligned.
9-23 (e) A separate set of ballot boxes or other suitable
9-24 containers approved by the secretary of state shall be used for
9-25 each party's primary, except that one set of ballot boxes or other
9-26 containers may be used in a joint primary using an electronic
9-27 voting system in which the ballots are deposited by the voters
10-1 directly into a unit of automatic tabulating equipment. The lists
10-2 of registered voters and the voters' registration certificates
10-3 shall be marked and stamped to show the appropriate party
10-4 affiliation for each voter. A separate list of registered voters
10-5 shall be used for each party's primary. The secretary of state by
10-6 rule shall prescribe requirements to ensure that one party's ballot
10-7 is readily distinguished from another's, which may include the use
10-8 of different colors of ink.
10-9 (f) Separate election returns shall be prepared for each
10-10 party's primary.
10-11 (g) The secretary of state by rule shall prescribe the
10-12 procedures necessary to implement this section to ensure the
10-13 orderly and proper administration of joint primary elections.
10-14 SECTION 17. Section 172.113, Election Code, is amended to
10-15 read as follows:
10-16 Sec. 172.113. UNOFFICIAL TABULATION OF PRECINCT RESULTS.
10-17 (a) The county clerk [chair] shall prepare the unofficial
10-18 tabulation of precinct results.
10-19 (b) [When the general custodian of election records for the
10-20 primary opens the precinct election records from the various
10-21 polling places, the custodian shall deliver the precinct returns to
10-22 the county chair for the purpose of preparing the unofficial
10-23 tabulation.]
10-24 [(c) When the county chair receives precinct returns from
10-25 the general custodian, the county chair shall enter the appropriate
10-26 information on the unofficial tabulation and immediately return the
10-27 precinct returns to the custodian.]
11-1 [(d)] The county clerk [chair] shall make the periodic
11-2 announcements of the current state of the tabulation.
11-3 (c) [(e)] On completing the tabulation, the county clerk
11-4 [chair] shall include it with the other records of the election
11-5 [deliver it to the general custodian].
11-6 (d) [(f)] A person employed to assist in the preparation of
11-7 the unofficial tabulation is entitled to compensation at the same
11-8 rate as an election clerk serving in the election.
11-9 SECTION 18. Sections 172.116(a), (b), and (e), Election
11-10 Code, are amended to read as follows:
11-11 (a) The county clerk [executive committee] shall canvass the
11-12 precinct election returns for the county.
11-13 (b) The county clerk [committee] shall [convene to] conduct
11-14 the local canvass at the county seat not earlier than 6 p.m. on the
11-15 first Thursday or later than 1 p.m. on the first Friday after
11-16 election day at the hour specified by the county clerk [chair].
11-17 (e) The tabulation made under this section shall be
11-18 preserved [Not later than the 20th day after the date the local
11-19 canvass is completed, the county chair shall deliver the
11-20 committee's tabulation to the general custodian of election
11-21 records, who shall preserve it] for the period for preserving the
11-22 precinct election records.
11-23 SECTION 19. Section 172.117, Election Code, is amended to
11-24 read as follows:
11-25 Sec. 172.117. CERTIFICATION OF NOMINEES FOR COUNTY AND
11-26 PRECINCT OFFICES FOR PLACEMENT ON GENERAL ELECTION BALLOT. (a)
11-27 The county clerk [chair] shall certify in writing for placement on
12-1 the general election ballot the name and address of each primary
12-2 candidate who is nominated for a county or precinct office.
12-3 (b) [Not later than the 20th day after the date the local
12-4 canvass is completed, the county chair shall deliver the
12-5 certification to the authority responsible for having the official
12-6 general election ballot prepared.]
12-7 [(c)] A candidate's name may not be certified if, before
12-8 delivering the certification, the county clerk [chair] learns that
12-9 the name is to be omitted from the ballot under Section 145.035.
12-10 SECTION 20. Section 172.118, Election Code, is amended to
12-11 read as follows:
12-12 Sec. 172.118. NOTICE OF PERSONS ELECTED AS PARTY OFFICERS.
12-13 (a) Not later than the 20th day after the date the local canvass
12-14 is completed, the county clerk [chair] shall deliver written notice
12-15 to the state chair and to the county chair [clerk] of the names of
12-16 the persons elected as county chair and precinct chairs for the
12-17 county.
12-18 (b) The notice must include each party officer's address and
12-19 each precinct chair's precinct number.
12-20 (c) [The county clerk shall preserve the notice until the
12-21 county clerk receives notice of the party officers elected at the
12-22 succeeding primary election.]
12-23 [(d)] On request of the secretary of state, the state chair
12-24 shall deliver to the secretary written notice of the names and
12-25 addresses of the party's county chairs.
12-26 SECTION 21. Section 172.119, Election Code, is amended to
12-27 read as follows:
13-1 Sec. 172.119. COUNTY ELECTION RETURNS. (a) The county
13-2 clerk [chair] shall prepare county election returns for the
13-3 statewide and district offices voted on in a primary election in
13-4 the same manner as the county returns for a general election [are
13-5 prepared by the county clerk] except that separate returns for the
13-6 offices of governor and lieutenant governor are not prepared.
13-7 (b) The county clerk [chair] shall deliver the county
13-8 returns and retain a copy in the same manner as the county returns
13-9 for a general election are delivered and retained [by the county
13-10 clerk except that the delivery shall be made to the state chair].
13-11 SECTION 22. Section 172.120, Election Code, is amended to
13-12 read as follows:
13-13 Sec. 172.120. STATE CANVASS. (a) The governor [state
13-14 executive committee] shall canvass the county election returns.
13-15 (b) The governor [state executive committee] shall [convene
13-16 to] conduct the state canvass for the general primary election on
13-17 the second Wednesday after general primary election day. Not later
13-18 than the second Saturday after runoff primary election day, the
13-19 governor at a time determined by the secretary of state [committee]
13-20 shall [convene at the call of the state chair to] conduct the state
13-21 canvass of the runoff primary election.
13-22 (c) [In a primary election year and before general primary
13-23 election day, the state executive committee by written resolution
13-24 shall determine the place for conducting the state canvass.]
13-25 [(d)] Except as provided by this section, the procedure for
13-26 conducting the canvass is the same as that otherwise prescribed by
13-27 this code for a canvass by the governor.
14-1 (d) [(e)] A separate tabulation of results for the offices
14-2 of governor and lieutenant governor is not made.
14-3 (e) The secretary of state shall preserve the tabulation
14-4 [(f) Not later than the 20th day after the date the state canvass
14-5 is completed, the state chair shall deliver the committee's
14-6 tabulation to the secretary of state, who shall preserve it] for
14-7 the period for preserving the precinct election records.
14-8 (f) [(g)] The state canvass is open to the general public.
14-9 (g) [(h)] The official result of the primary election for
14-10 offices canvassed by the governor [state executive committee] is
14-11 determined from the [its] canvass of the county returns under this
14-12 section.
14-13 SECTION 23. Section 172.121, Election Code, is amended to
14-14 read as follows:
14-15 Sec. 172.121. CERTIFICATION OF CANDIDATES FOR STATEWIDE AND
14-16 DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT. (a) The governor
14-17 [state chair] shall certify in writing for placement on the runoff
14-18 primary election ballot the name of each general primary candidate
14-19 for a statewide or district office who is to be a candidate in the
14-20 runoff.
14-21 (b) The governor [state chair] shall deliver the
14-22 certification to the county clerk [chair] in each affected county
14-23 as soon as practicable after the state canvass of the general
14-24 primary election is completed.
14-25 SECTION 24. Section 172.122, Election Code, is amended to
14-26 read as follows:
14-27 Sec. 172.122. CERTIFICATION OF NOMINEES FOR STATEWIDE AND
15-1 DISTRICT OFFICES [TO SECRETARY OF STATE]. [(a)] The governor
15-2 [state chair] shall certify in writing as a [the] party's nominee
15-3 the name and address of each primary candidate who is nominated for
15-4 a statewide or district office.
15-5 [(b) Not later than the 20th day after the date the state
15-6 canvass is completed, the state chair shall deliver the
15-7 certification to the secretary of state.]
15-8 SECTION 25. Sections 172.124(a) and (b), Election Code, are
15-9 amended to read as follows:
15-10 (a) For each primary election, the county clerk [chair]
15-11 shall prepare a report of the number of votes, including early
15-12 voting votes, received in each county election precinct by each
15-13 candidate for a statewide office or the office of United States
15-14 representative, state senator, or state representative, as provided
15-15 by Section 67.017 for the report of precinct results for a general
15-16 election.
15-17 (b) The county clerk [chair] shall deliver the report to the
15-18 secretary of state not later than the 30th day after primary
15-19 election day.
15-20 SECTION 26. Section 173.001(a), Election Code, is amended to
15-21 read as follows:
15-22 (a) Subject to legislative appropriation, state funds may be
15-23 spent as provided by this chapter to pay expenses incurred by a
15-24 political party or a county in connection with a primary election.
15-25 SECTION 27. Section 173.010, Election Code, is amended to
15-26 read as follows:
15-27 Sec. 173.010. FURNISHING RULES. During November preceding
16-1 each primary election year, the secretary of state shall deliver to
16-2 each county clerk and the state chair and each county chair of each
16-3 political party holding a primary election a current set of the
16-4 rules adopted under this subchapter. If a rule or amendment of a
16-5 rule is adopted after delivery of the set, the secretary shall
16-6 deliver a copy of the rule or amendment not later than the 10th day
16-7 after the date of its adoption.
16-8 SECTION 28. Subchapter D, Chapter 173, Election Code, is
16-9 amended by adding Section 173.0811 to read as follows:
16-10 Sec. 173.0811. STATEMENT FOR REIMBURSEMENT BY COUNTY CLERK.
16-11 Regardless of whether state funds are requested for primary
16-12 expenses, the county clerk shall submit a written statement of
16-13 estimated expenses to be incurred in connection with a primary
16-14 election to the secretary of state. A statement submitted under
16-15 this section must comply with Section 173.081(b) and be filed
16-16 within the time required by Section 173.081(c)(2) or (e).
16-17 SECTION 29. Section 173.083, Election Code, is amended to
16-18 read as follows:
16-19 Sec. 173.083. STATE PAYMENT OF ESTIMATED PRIMARY EXPENSES.
16-20 (a) The amount of estimated primary election expenses payable with
16-21 state funds under this section is equal to:
16-22 (1) for a general primary election, the difference
16-23 obtained by subtracting the sum of the filing fees and
16-24 contributions reported in the statement of estimated primary
16-25 election expenses from the total amount of estimated general
16-26 primary expenses approved by the secretary of state under Section
16-27 173.082; and
17-1 (2) for a runoff primary election, the total amount of
17-2 estimated runoff primary expenses approved by the secretary.
17-3 (b) State payment of the estimated primary election expenses
17-4 shall be made in installments as follows:
17-5 (1) the initial installment for the expenses of a
17-6 general primary is equal to 80 percent [three-fourths, or
17-7 three-fifths if the secretary of state determines that figure to be
17-8 more efficient,] of the amount of estimated general primary
17-9 expenses payable with state funds;
17-10 (2) the initial installment for the expenses of a
17-11 runoff primary is equal to 80 percent [three-fourths, or
17-12 three-fifths if the secretary of state determines that figure to be
17-13 more efficient,] of the amount of estimated runoff primary expenses
17-14 payable with state funds; and
17-15 (3) the final installment is equal to the difference
17-16 obtained by subtracting the total of the installments paid under
17-17 Subdivisions (1) and (2) from the total of the actual general and
17-18 runoff primary election expenses payable with state funds.
17-19 (c) After determining the amount of estimated primary
17-20 expenses to approve under Section 173.082 for a general or runoff
17-21 primary, the secretary of state shall calculate the amount of the
17-22 installment payable under Subsection (b)(1) or (2), as applicable.
17-23 The secretary shall then prepare and deliver to the comptroller of
17-24 public accounts a certified statement indicating the amount of the
17-25 installment, the total amount of estimated general or runoff
17-26 primary expenses payable with state funds, and the name of the
17-27 authority [county or state chair] who submitted the statement of
18-1 estimated primary election expenses.
18-2 (d) The final installment may not be paid until a report is
18-3 filed in compliance with Section 173.084 and, in the case of a
18-4 county chair, a report is also filed in compliance with Section
18-5 172.124. On the filing of the report, the secretary of state shall
18-6 calculate the amount of the final installment and prepare and
18-7 deliver to the comptroller of public accounts a certified statement
18-8 indicating that amount and the appropriate authority [county or
18-9 state chair's name].
18-10 (e) On receipt of a certified statement under Subsection (c)
18-11 or (d), the comptroller of public accounts shall issue a warrant in
18-12 the certified amount of the installment payable to the authority
18-13 [county or state chair] identified by the statement.
18-14 SECTION 30. Section 173.084, Election Code, is amended by
18-15 adding Subsection (e) to read as follows:
18-16 (e) Regardless of whether state funds are requested for
18-17 paying primary expenses, each county clerk shall prepare a sworn
18-18 report containing an itemized list of the actual expenses incurred
18-19 in connection with the general and runoff primaries by the county
18-20 clerk. The county clerk shall file the report with the secretary
18-21 of state not later than the 30th day after runoff primary election
18-22 day or not later than the 30th day after general primary election
18-23 day if no runoff is held in the county.
18-24 SECTION 31. Section 173.085(b), Election Code, is amended to
18-25 read as follows:
18-26 (b) To obtain state compensation for an excess expense, the
18-27 authority seeking state payment [county chair or state chair, as
19-1 applicable,] must include in the report required by Section
19-2 173.084:
19-3 (1) an identification of the item for which the excess
19-4 expense was incurred;
19-5 (2) the amount of the excess; and
19-6 (3) an explanation of the reason for exceeding the
19-7 estimate.
19-8 SECTION 32. Section 173.088, Election Code, is amended to
19-9 read as follows:
19-10 Sec. 173.088. AVAILABILITY OF GUIDELINES. The secretary of
19-11 state shall make available to each county and state chair and each
19-12 county clerk, for use in preparing statements and reports under
19-13 this chapter, any guidelines the secretary prescribes for
19-14 determining the necessity of primary election expenses.
19-15 SECTION 33. Section 191.006(a), Election Code, is amended to
19-16 read as follows:
19-17 (a) Subject to legislative appropriation, state funds may be
19-18 spent to pay expenses incurred by the secretary of state, a county
19-19 clerk, or by a political party in connection with a presidential
19-20 primary election.
19-21 SECTION 34. Section 213.0111(a), Election Code, is amended
19-22 to read as follows:
19-23 (a) On receipt of an affidavit executed by any recount
19-24 committee member alleging that legal votes were not counted or
19-25 illegal votes were counted during the initial recount, the recount
19-26 coordinator may order a new recount of the disputed ballots. For a
19-27 county or precinct office in a primary election, the county clerk
20-1 [chair] may order the new recount only on the approval of the
20-2 secretary of state [chair].
20-3 SECTION 35. Section 231.007(a), Election Code, is amended to
20-4 read as follows:
20-5 (a) If a judgment in an election contest orders that a new
20-6 election be held, as soon as practicable after the judgment becomes
20-7 final, the district court shall set the date for the new election.
20-8 The [In the case of a general or special election, the] court
20-9 shall direct the appropriate authority to order the election for
20-10 the date set by the court. [In the case of a primary election, the
20-11 court shall direct the appropriate officers of the political party
20-12 to hold the election on the date set.]
20-13 SECTION 36. Section 231.008(c), Election Code, is amended to
20-14 read as follows:
20-15 (c) If the judgment orders that a new general or special
20-16 election be held, the clerk shall deliver a copy to the authority
20-17 responsible for ordering the election. If the judgment orders a
20-18 new primary election, the clerk shall deliver a copy to the
20-19 secretary of state [chair of the appropriate political party], in
20-20 the case of a statewide or district office, or to the county clerk
20-21 [chair], in the case of a county or precinct office.
20-22 SECTION 37. Section 232.013(d), Election Code, is
20-23 amended to read as follows:
20-24 (d) If the contested election is a primary, the district
20-25 clerk shall deliver a certified copy of the order setting the date
20-26 of the runoff to the secretary of state [chair of the political
20-27 party] in the case of a statewide or district office or to the
21-1 county clerk [chair] in the case of a county or precinct office.
21-2 SECTION 38. Sections 51.035, 123.033, 172.083, 172.126,
21-3 173.003, and 173.011, Election Code, are repealed.
21-4 SECTION 39. This Act takes effect September 1, 2001.