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A BILL TO BE ENTITLED
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AN ACT
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relating to the selection of candidates for the State Board of |
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Education through a unitary primary election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 172, Election Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. USE OF UNITARY PRIMARY |
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Sec. 172.201. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to the election of a member of the State Board of |
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Education. |
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Sec. 172.202. CONFLICTS. To the extent of any conflict |
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between this subchapter and another provision of this code with |
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regard to an office to which this subchapter applies, this |
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subchapter controls. |
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Sec. 172.203. UNITARY PRIMARY REQUIRED. (a) Instead of |
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following the primary process established by the other subchapters |
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of this chapter, the nominating process established by Chapter 181, |
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the independent candidacy provisions of Chapter 142, or the |
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write-in candidacy provisions of Subchapter B, Chapter 146, all |
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candidates for an office to which this subchapter applies must |
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appear on the unitary primary election ballot and face election at |
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the unitary primary election established under this subchapter. |
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(b) A political party may not make a nomination for an |
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office elected at the unitary primary election. |
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Sec. 172.204. APPLICATION REQUIRED. (a) To be entitled to |
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a place on the unitary primary election ballot, a candidate must |
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make an application for a place on the ballot. |
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(b) In addition to complying with Section 141.031, an |
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application must: |
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(1) state the party preference of the candidate or |
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state that the candidate is running as an independent candidate; |
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and |
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(2) be accompanied by: |
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(A) a filing fee in the amount prescribed by |
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Section 172.024 as if the office did appear on the general primary |
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election ballot; or |
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(B) a petition that satisfies the requirements |
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prescribed by Section 141.062 and contains at least the number of |
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signatures prescribed by Section 172.025 to appear on the petition |
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of a candidate as if the office did appear on the general primary |
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election ballot. |
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(c) A person is eligible to sign a petition under Subsection |
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(b)(2)(B) regardless of the person's affiliation with a political |
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party, and the person's signature on the petition does not affect |
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the person's ability to affiliate with or participate in the |
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affairs of a political party. |
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Sec. 172.205. AUTHORITY WITH WHOM APPLICATION FILED: |
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DISPOSITION OF FILING FEE. (a) An application for a place on the |
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unitary primary election ballot must be filed during the period |
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prescribed by Section 172.023 with the secretary of state. |
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(b) A filing fee received by the secretary of state shall be |
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deposited in the general revenue fund. |
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Sec. 172.206. PREPARATION OF BALLOT FOR PRIMARY ELECTION. |
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(a) The county clerk shall prepare the ballot for the unitary |
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primary election. |
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(b) The secretary of state shall certify the name of each |
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candidate who has filed an application for a place on the ballot |
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that complies with the requirements as to form, content, and |
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procedure that the application must satisfy for the candidate's |
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name to be placed on the ballot. |
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(c) For each office that is to appear on the ballot, the |
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clerk shall list the name of each candidate certified under |
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Subsection (b) and include next to the name the candidate's party |
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preference or independent status as designated on the application |
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under Section 172.204(b)(1). |
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Sec. 172.207. CONDUCT OF UNITARY PRIMARY ELECTION. (a) The |
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unitary primary election is held in conjunction with the general |
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primary election. Each political party holding a primary election |
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shall also provide a separate ballot for the unitary primary |
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election. Any eligible voter may vote in the unitary primary |
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election, and a person who votes only in the unitary primary |
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election does not become affiliated with a political party. |
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(b) Write-in voting is not permitted in the unitary primary |
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election. |
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Sec. 172.208. CANVASS; RESULTS OF PRIMARY ELECTION. (a) In |
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the manner provided by Chapter 67: |
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(1) the local canvass shall be conducted by the |
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commissioners court of each county; and |
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(2) the state canvass shall be conducted by the |
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governor. |
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(b) For each office that appears on the unitary primary |
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election ballot, the authority that conducts the final canvass for |
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that office shall certify to the county clerk for inclusion on the |
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ballot for the general election for state and county officers the |
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names of the candidate who received the greatest number of votes and |
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the candidate who received the second greatest number of votes. |
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Sec. 172.209. PREPARATION OF BALLOT FOR GENERAL ELECTION. |
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(a) Offices for which a unitary primary election was held shall |
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appear on the ballot for the general election for state and county |
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officers: |
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(1) following the offices for which nominees are |
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chosen at primary elections or conventions; and |
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(2) under a heading that indicates the candidates for |
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office were chosen at the unitary primary election and a statement |
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that indicates a straight-party vote is not tallied for those |
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offices. |
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(b) For each office for which a unitary primary election was |
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held, the county clerk shall place on the ballot the name of each |
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candidate certified under Section 172.208(b) and the party |
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preference or independent status that the candidate provided on the |
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application under Section 172.204(b)(1). |
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Sec. 172.210. CONDUCT OF GENERAL ELECTION. (a) At the |
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general election for state and county officers: |
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(1) write-in voting is not permitted for an office for |
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which a unitary primary election was held; and |
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(2) a straight-party vote is not tallied for an office |
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for which a unitary primary election was held. |
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(b) Subchapter C, Chapter 145, applies to a candidate in the |
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general election for state and county officers. |
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Sec. 172.211. VACANCY FILLED BY SPECIAL ELECTION. (a) This |
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section applies only to a vacancy in office to which this subchapter |
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applies: |
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(1) that is required to be filled under Section |
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202.002 at the next general election for state and county officers; |
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and |
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(2) that occurs after the 62nd day before general |
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primary election day. |
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(b) The election to fill the vacancy shall be held in the |
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same manner as a special election to fill a vacancy in the |
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legislature except that: |
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(1) the election shall be held on the date of the |
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general election for state and county officers; |
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(2) Section 203.013 does not apply; and |
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(3) write-in voting is not permitted. |
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Sec. 172.212. RULES. The secretary of state shall adopt |
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rules as necessary to implement this subchapter. |
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SECTION 2. This Act takes effect September 1, 2011. |