77R13027 PAM-D
By Danburg H.B. No. 3182
Substitute the following for H.B. No. 3182:
By Sadler C.S.H.B. No. 3182
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to primary election dates and procedures and related
1-3 dates, deadlines, and procedures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.001(a), Election Code, is amended to
1-6 read 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 third Saturday in January;
1-11 (2) the fourth Saturday in March [first Saturday in
1-12 May];
1-13 (3) the second Saturday in August; or
1-14 (4) the first Tuesday after the first Monday in
1-15 November.
1-16 SECTION 2. Section 41.0052(a), Election Code, is amended to
1-17 read as follows:
1-18 (a) The governing body of a political subdivision other than
1-19 a county may, not later than December 31, 2001 [1999], change the
1-20 date on which it holds its general election for officers to another
1-21 authorized uniform election date. An election on the new date may
1-22 not be held before 2002 [2000].
1-23 SECTION 3. Sections 41.007(a), (b), and (c), Election Code,
1-24 are amended to read as follows:
2-1 (a) The general primary election date is the first Saturday
2-2 in May [second Tuesday in March] in each even-numbered year.
2-3 (b) The runoff primary election date is the first Saturday
2-4 in June [second Tuesday in April] following the general primary
2-5 election.
2-6 (c) The presidential primary election date is the first
2-7 Saturday in May [second Tuesday in March] in each presidential
2-8 election year.
2-9 SECTION 4. Section 43.033(a), Election Code, is amended to
2-10 read as follows:
2-11 (a) No charge, including a charge for personnel, utilities,
2-12 or other expenses incurred before or after regular business hours,
2-13 may be made for the use of a public building for a polling place if
2-14 the day of the election is a day on which the building is normally
2-15 open for business. If the day of the election is a day on which
2-16 the building is not normally open for business, a reasonable charge
2-17 may be made only for reimbursement for the actual expenses
2-18 resulting from use of the building in the election and a rental
2-19 charge may not be made for the use of the building.
2-20 SECTION 5. Section 172.023(a), Election Code, is amended to
2-21 read as follows:
2-22 (a) An application for a place on the general primary
2-23 election ballot must be filed not later than 6 p.m. on the third
2-24 Tuesday in February [January 2] in the primary election year unless
2-25 the filing deadline is extended under Subchapter C.
2-26 SECTION 6. Section 172.052(a), Election Code, is amended to
2-27 read as follows:
3-1 (a) A candidate for nomination may not withdraw from the
3-2 general primary election after the 64th [62nd] day before general
3-3 primary election day.
3-4 SECTION 7. Section 172.054(a), Election Code, is amended to
3-5 read as follows:
3-6 (a) The deadline for filing an application for a place on
3-7 the general primary election ballot is extended as provided by this
3-8 section if a candidate who has made an application that complies
3-9 with the applicable requirements:
3-10 (1) dies on or after the fifth day before the date of
3-11 the regular filing deadline and on or before the 64th [62nd] day
3-12 before general primary election day;
3-13 (2) holds the office for which the application was
3-14 made and withdraws or is declared ineligible on or after the date
3-15 of the regular filing deadline and on or before the 64th [62nd] day
3-16 before general primary election day; or
3-17 (3) withdraws or is declared ineligible during the
3-18 period prescribed by Subdivision (2), and at the time of the
3-19 withdrawal or declaration of ineligibility no other candidate has
3-20 made an application that complies with the applicable requirements
3-21 for the office sought by the withdrawn or ineligible candidate.
3-22 SECTION 8. Section 172.055, Election Code, is amended by
3-23 adding Subsection (e) to read as follows:
3-24 (e) Section 1.006 does not apply to this section.
3-25 SECTION 9. Section 172.057, Election Code, is amended to
3-26 read as follows:
3-27 Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
4-1 NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall
4-2 be omitted from the general primary election ballot if the
4-3 candidate withdraws, dies, or is declared ineligible on or before
4-4 the 64th [62nd] day before general primary election day.
4-5 SECTION 10. Section 172.058(a), Election Code, is amended to
4-6 read as follows:
4-7 (a) If a candidate who has made an application for a place
4-8 on the general primary election ballot that complies with the
4-9 applicable requirements dies or is declared ineligible after the
4-10 64th [62nd] day before general primary election day, the
4-11 candidate's name shall be placed on the ballot and the votes cast
4-12 for the candidate shall be counted and entered on the official
4-13 election returns in the same manner as for the other candidates.
4-14 SECTION 11. Section 172.116(b), Election Code, is amended to
4-15 read as follows:
4-16 (b) The committee shall convene to conduct the local canvass
4-17 at the county seat not earlier than 6 p.m. on the first Monday
4-18 [Thursday] or later than 1 p.m. on the first Tuesday [Friday] after
4-19 election day at the hour specified by the county chair.
4-20 SECTION 12. Section 172.120(b), Election Code, is amended to
4-21 read as follows:
4-22 (b) The state executive committee shall convene to conduct
4-23 the state canvass for the general primary election on the second
4-24 Monday [Wednesday] after general primary election day. Not later
4-25 than the second Saturday after runoff primary election day, the
4-26 committee shall convene at the call of the state chair to conduct
4-27 the state canvass of the runoff primary election.
5-1 SECTION 13. Section 174.063(a), Election Code, is amended to
5-2 read as follows:
5-3 (a) The county and senatorial district conventions shall be
5-4 held on the first [third] Saturday after general primary election
5-5 day. [However, if that date occurs during Passover or on the day
5-6 following Good Friday, the conventions shall be held on the next
5-7 Saturday that does not occur during Passover or on the day
5-8 following Good Friday.]
5-9 SECTION 14. Section 181.0041, Election Code, is amended to
5-10 read as follows:
5-11 Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
5-12 party that intends to make nominations under this chapter for the
5-13 general election for state and county officers must register with
5-14 the secretary of state, in the manner prescribed by the secretary,
5-15 not later than the regular filing deadline for candidates in the
5-16 general primary election [January 2 of the election year].
5-17 SECTION 15. Section 181.033(a), Election Code, is amended to
5-18 read as follows:
5-19 (a) Except as provided by Subsection (b), an application for
5-20 nomination by a convention must be filed not later than the regular
5-21 filing deadline for candidates in the general primary election [5
5-22 p.m. on January 2 preceding the convention].
5-23 SECTION 16. Sections 181.061(b) and (c), Election Code, are
5-24 amended to read as follows:
5-25 (b) A party nominating by convention must make its
5-26 nominations for offices of districts situated in more than one
5-27 county at district conventions held on the second Saturday after
6-1 general primary election day [the second Tuesday in March]. A
6-2 district convention consists of delegates selected at the county
6-3 conventions held under Subsection (c).
6-4 (c) A party nominating by convention must make its
6-5 nominations for county and precinct offices and for offices of
6-6 districts not situated in more than one county at county
6-7 conventions held on the first Saturday after general primary
6-8 election day [the second Tuesday in March]. A county convention
6-9 consists of delegates selected at precinct conventions held on
6-10 general primary election day [the second Tuesday in March] in the
6-11 regular county election precincts.
6-12 SECTION 17. Section 182.005, Election Code, is amended to
6-13 read as follows:
6-14 Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A
6-15 political party must make its nominations under this chapter at a
6-16 county convention held on the first Saturday after general primary
6-17 election day [the second Tuesday in March of the election year].
6-18 The convention consists of delegates selected at precinct
6-19 conventions held on general primary election day [the second
6-20 Tuesday in March] in the regular county election precincts.
6-21 SECTION 18. Section 192.032(c), Election Code, is amended to
6-22 read as follows:
6-23 (c) The application must be filed with the secretary of
6-24 state not later than the second Monday in July [May] of the
6-25 presidential election year.
6-26 SECTION 19. Section 202.004(a), Election Code, is amended to
6-27 read as follows:
7-1 (a) A political party's nominee for an unexpired term must
7-2 be nominated by primary election if:
7-3 (1) the political party is making nominations by
7-4 primary election for the general election in which the vacancy is
7-5 to be filled; and
7-6 (2) the vacancy occurs on or before the 64th [62nd]
7-7 day before general primary election day.
7-8 SECTION 20. Section 202.006(a), Election Code, is amended to
7-9 read as follows:
7-10 (a) A political party's state, district, county, or precinct
7-11 executive committee, as appropriate for the particular office, may
7-12 nominate a candidate for the unexpired term if:
7-13 (1) in the case of a party holding a primary election,
7-14 the vacancy occurs after the 64th [62nd] day before general primary
7-15 election day; or
7-16 (2) in the case of a party nominating by convention,
7-17 the vacancy occurs after the fourth day before the date the
7-18 convention having the power to make a nomination for the office
7-19 convenes.
7-20 SECTION 21. Section 204.003, Election Code, is amended to
7-21 read as follows:
7-22 Sec. 204.003. VACANCY FILLED AT GENERAL ELECTION. If a
7-23 vacancy occurs on or after January 1 of an even-numbered year and
7-24 on or before the 64th [62nd] day before general primary election
7-25 day, the remainder of the unexpired term shall be filled at the
7-26 next general election for state and county officers.
7-27 SECTION 22. Section 204.005, Election Code, is amended to
8-1 read as follows:
8-2 Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. If a
8-3 vacancy occurs during an odd-numbered year or after the 64th [62nd]
8-4 day before general primary election day in an even-numbered year,
8-5 the remainder of the unexpired term shall be filled by a special
8-6 election in the same manner as provided by Chapter 203 for the
8-7 legislature, except that:
8-8 (1) the minimum number of signatures that must appear
8-9 on a petition accompanying a candidate's application for a place on
8-10 the ballot is 5,000; and
8-11 (2) Section 203.013 does not apply.
8-12 SECTION 23. The term of a person who is serving as a county
8-13 or precinct chair of a political party on the effective date of
8-14 this Act ends on the 20th day after the first Saturday in June
8-15 2002.
8-16 SECTION 24. This Act takes effect September 1, 2001.