By Danburg H.B. No. 3182
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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 [1997], 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 [1998].
1-23 SECTION 3. Sections 41.007(a), (b), and (c), Election Code,
2-1 are amended to read as follows:
2-2 (a) The general primary election date is the second Saturday
2-3 in May [second Tuesday in March] in each even-numbered year.
2-4 (b) The runoff primary election date is the second Saturday
2-5 in June [second Tuesday in April] following the general primary
2-6 election.
2-7 (c) The presidential primary election date is the second
2-8 Saturday in May [second Tuesday in March] in each presidential
2-9 election year.
2-10 SECTION 4. Section 43.033(a), Election Code, is amended to
2-11 read as follows:
2-12 (a) No charge, including a charge for personnel, utilities,
2-13 or other expenses incurred before or after regular business hours,
2-14 may be made for the use of a public building for a polling place if
2-15 the day of the election is a day on which the building is normally
2-16 open for business. If the day of the election is a day on which
2-17 the building is not normally open for business, a reasonable charge
2-18 may be made only for reimbursement for the actual expenses
2-19 resulting from use of the building in the election and a rental
2-20 charge may not be made for the use of the building.
2-21 SECTION 5. Section 172.023(a), Election Code, is amended to
2-22 read as follows:
2-23 (a) An application for a place on the general primary
2-24 election ballot must be filed not later than 6 p.m. on the last
2-25 Monday in February [January 2] in the primary election year unless
2-26 the filing deadline is extended under Subchapter C.
3-1 SECTION 6. Section 172.052(a), Election Code, is amended to
3-2 read as follows:
3-3 (a) A candidate for nomination may not withdraw from the
3-4 general primary election after the 64th [62nd] day before general
3-5 primary election day.
3-6 SECTION 7. Section 172.054(a), Election Code, is amended to
3-7 read as follows:
3-8 (a) The deadline for filing an application for a place on
3-9 the general primary election ballot is extended as provided by this
3-10 section if a candidate who has made an application that complies
3-11 with the applicable requirements:
3-12 (1) dies on or after the fifth day before the date of
3-13 the regular filing deadline and on or before the 64th [62nd] day
3-14 before general primary election day;
3-15 (2) holds the office for which the application was
3-16 made and withdraws or is declared ineligible on or after the date
3-17 of the regular filing deadline and on or before the 64th [62nd] day
3-18 before general primary election day; or
3-19 (3) withdraws or is declared ineligible during the
3-20 period prescribed by Subdivision (2), and at the time of the
3-21 withdrawal or declaration of ineligibility no other candidate has
3-22 made an application that complies with the applicable requirements
3-23 for the office sought by the withdrawn or ineligible candidate.
3-24 SECTION 8. Section 172.055, Election Code, is amended by
3-25 adding Subsection (e) to read as follows:
3-26 (e) Section 1.006 does not apply to this section.
4-1 SECTION 9. Section 172.057, Election Code, is amended to
4-2 read as follows:
4-3 Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
4-4 NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall
4-5 be omitted from the general primary election ballot if the
4-6 candidate withdraws, dies, or is declared ineligible on or before
4-7 the 64th [62nd] day before general primary election day.
4-8 SECTION 10. Section 172.058(a), Election Code, is amended to
4-9 read as follows:
4-10 (a) If a candidate who has made an application for a place
4-11 on the general primary election ballot that complies with the
4-12 applicable requirements dies or is declared ineligible after the
4-13 64th [62nd] day before general primary election day, the
4-14 candidate's name shall be placed on the ballot and the votes cast
4-15 for the candidate shall be counted and entered on the official
4-16 election returns in the same manner as for the other candidates.
4-17 SECTION 11. Section 172.116(b), Election Code, is amended to
4-18 read as follows:
4-19 (b) The committee shall convene to conduct the local canvass
4-20 at the county seat not earlier than 6 p.m. on the first Monday
4-21 [Thursday] or later than 1 p.m. on the first Tuesday [Friday] after
4-22 election day at the hour specified by the county chair.
4-23 SECTION 12. Section 172.120(b), Election Code, is amended to
4-24 read as follows:
4-25 (b) The state executive committee shall convene to conduct
4-26 the state canvass for the general primary election on the second
5-1 Monday [Wednesday] after general primary election day. Not later
5-2 than the second Saturday after runoff primary election day, the
5-3 committee shall convene at the call of the state chair to conduct
5-4 the state canvass of the runoff primary election.
5-5 SECTION 13. Section 174.063(a), Election Code, is amended to
5-6 read as follows:
5-7 (a) The county and senatorial district conventions shall be
5-8 held on the first [third] Saturday after general primary election
5-9 day. [However, if that date occurs during Passover or on the day
5-10 following Good Friday, the conventions shall be held on the next
5-11 Saturday that does not occur during Passover or on the day
5-12 following Good Friday.]
5-13 SECTION 14. Section 181.0041, Election Code, is amended to
5-14 read as follows:
5-15 Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
5-16 party that intends to make nominations under this chapter for the
5-17 general election for state and county officers must register with
5-18 the secretary of state, in the manner prescribed by the secretary,
5-19 not later than the regular filing deadline for candidates in the
5-20 general primary election [January 2 of the election year].
5-21 SECTION 15. Section 181.033(a), Election Code, is amended to
5-22 read as follows:
5-23 (a) Except as provided by Subsection (b), an application for
5-24 nomination by a convention must be filed not later than the regular
5-25 filing deadline for candidates in the general primary election [5
5-26 p.m. on January 2 preceding the convention].
6-1 SECTION 16. Sections 181.061(b) and (c), Election Code, are
6-2 amended to read as follows:
6-3 (b) A party nominating by convention must make its
6-4 nominations for offices of districts situated in more than one
6-5 county at district conventions held on the second Saturday after
6-6 general primary election day [the second Tuesday in March]. A
6-7 district convention consists of delegates selected at the county
6-8 conventions held under Subsection (c).
6-9 (c) A party nominating by convention must make its
6-10 nominations for county and precinct offices and for offices of
6-11 districts not situated in more than one county at county
6-12 conventions held on the first Saturday after general primary
6-13 election day [the second Tuesday in March]. A county convention
6-14 consists of delegates selected at precinct conventions held on
6-15 general primary election day [the second Tuesday in March] in the
6-16 regular county election precincts.
6-17 SECTION 17. Section 182.005, Election Code, is amended to
6-18 read as follows:
6-19 Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A
6-20 political party must make its nominations under this chapter at a
6-21 county convention held on the first Saturday after general primary
6-22 election day [the second Tuesday in March of the election year].
6-23 The convention consists of delegates selected at precinct
6-24 conventions held on general primary election day [the second
6-25 Tuesday in March] in the regular county election precincts.
6-26 SECTION 18. Section 192.032(c), Election Code, is amended to
7-1 read as follows:
7-2 (c) The application must be filed with the secretary of
7-3 state not later than the second Monday in July [May] of the
7-4 presidential election year.
7-5 SECTION 19. Section 202.004(a), Election Code, is amended to
7-6 read as follows:
7-7 (a) A political party's nominee for an unexpired term must
7-8 be nominated by primary election if:
7-9 (1) the political party is making nominations by
7-10 primary election for the general election in which the vacancy is
7-11 to be filled; and
7-12 (2) the vacancy occurs on or before the 64th [62nd]
7-13 day before general primary election day.
7-14 SECTION 20. Section 202.006(a), Election Code, is amended to
7-15 read as follows:
7-16 (a) A political party's state, district, county, or precinct
7-17 executive committee, as appropriate for the particular office, may
7-18 nominate a candidate for the unexpired term if:
7-19 (1) in the case of a party holding a primary election,
7-20 the vacancy occurs after the 64th [62nd] day before general primary
7-21 election day; or
7-22 (2) in the case of a party nominating by convention,
7-23 the vacancy occurs after the fourth day before the date the
7-24 convention having the power to make a nomination for the office
7-25 convenes.
7-26 SECTION 21. Section 204.003, Election Code, is amended to
8-1 read as follows:
8-2 Sec. 204.003. VACANCY FILLED AT GENERAL ELECTION. If a
8-3 vacancy occurs on or after January 1 of an even-numbered year and
8-4 on or before the 64th [62nd] day before general primary election
8-5 day, the remainder of the unexpired term shall be filled at the
8-6 next general election for state and county officers.
8-7 SECTION 22. Section 204.005, Election Code, is amended to
8-8 read as follows:
8-9 Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. If a
8-10 vacancy occurs during an odd-numbered year or after the 64th [62nd]
8-11 day before general primary election day in an even-numbered year,
8-12 the remainder of the unexpired term shall be filled by a special
8-13 election in the same manner as provided by Chapter 203 for the
8-14 legislature, except that:
8-15 (1) the minimum number of signatures that must appear
8-16 on a petition accompanying a candidate's application for a place on
8-17 the ballot is 5,000; and
8-18 (2) Section 203.013 does not apply.
8-19 SECTION 23. The term of a person who is serving as a county
8-20 or precinct chair of a political party on the effective date of
8-21 this Act ends on the 20th day after the second Saturday in June
8-22 2002.
8-23 SECTION 24. This Act takes effect September 1, 2001.