| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the adoption of certain voting procedures necessary to |
|
|
implement the federal Military and Overseas Voter Empowerment Act, |
|
|
including the modification of certain election deadlines. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 101.007, Election Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) The secretary of state shall make a checklist or similar |
|
|
guidelines available for optional use by early voting clerks in |
|
|
processing an application and providing balloting materials under |
|
|
this chapter. |
|
|
SECTION 2. Section 101.107(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) A voter who receives a ballot under this subchapter must |
|
|
return the ballot in the same manner as required under Section |
|
|
101.057 except that a voter who completes a signature sheet is not |
|
|
required to complete a carrier envelope. Except [and, except] as |
|
|
provided by Chapter 105, the voter may not return the ballot by |
|
|
electronic transmission. |
|
|
SECTION 3. Sections 172.054(a) and (b), Election Code, are |
|
|
amended to read as follows: |
|
|
(a) The deadline for filing an application for a place on |
|
|
the general primary election ballot is extended as provided by this |
|
|
section if a candidate who has made an application that complies |
|
|
with the applicable requirements: |
|
|
(1) dies on or after the fifth day before the date of |
|
|
the regular filing deadline and on or before the first [79th] day |
|
|
after the date of the regular filing deadline [before general
|
|
|
primary election day]; |
|
|
(2) holds the office for which the application was |
|
|
made and withdraws or is declared ineligible on [or after] the date |
|
|
of the regular filing deadline [and on] or [before] the first [79th] |
|
|
day after the date of the regular filing deadline [before general
|
|
|
primary election day]; or |
|
|
(3) withdraws or is declared ineligible during the |
|
|
period prescribed by Subdivision (2), and at the time of the |
|
|
withdrawal or declaration of ineligibility no other candidate has |
|
|
made an application that complies with the applicable requirements |
|
|
for the office sought by the withdrawn or ineligible candidate. |
|
|
(b) An application for an office sought by a withdrawn, |
|
|
deceased, or ineligible candidate must be filed not later than 6 |
|
|
p.m. of the fifth day after the date of the regular filing deadline |
|
|
[81st day before general primary election day]. An application |
|
|
filed by mail with the state chair is not timely if received later |
|
|
than 5 p.m. of the fifth day after the date of the regular filing |
|
|
deadline [81st day before general primary election day]. |
|
|
SECTION 4. Section 172.057, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE |
|
|
CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A |
|
|
candidate's name shall be omitted from the general primary election |
|
|
ballot if the candidate withdraws, dies, or is declared ineligible |
|
|
on or before the first [79th] day after the date of the regular |
|
|
filing deadline [before general primary election day]. |
|
|
SECTION 5. Section 172.058(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) If a candidate who has made an application for a place on |
|
|
the general primary election ballot that complies with the |
|
|
applicable requirements dies or is declared ineligible after the |
|
|
first [79th] day after the date of the regular filing deadline |
|
|
[before general primary election day], the candidate's name shall |
|
|
be placed on the ballot and the votes cast for the candidate shall |
|
|
be counted and entered on the official election returns in the same |
|
|
manner as for the other candidates. |
|
|
SECTION 6. Sections 202.004(a) and (c), Election Code, are |
|
|
amended to read as follows: |
|
|
(a) A political party's nominee for an unexpired term must |
|
|
be nominated by primary election if: |
|
|
(1) the political party is making nominations by |
|
|
primary election for the general election in which the vacancy is to |
|
|
be filled; and |
|
|
(2) the vacancy occurs on or before the fifth [62nd] |
|
|
day before the date of the regular deadline for candidates to file |
|
|
applications for a place on the general primary ballot [general
|
|
|
primary election day]. |
|
|
(c) If the vacancy occurs after the 10th day before the date |
|
|
of the regular filing deadline, an application for the unexpired |
|
|
term must be filed not later than 6 [5] p.m. of the fifth day after |
|
|
the date of the regular filing deadline [15th day after the date the
|
|
|
vacancy occurs or 5 p.m. of the 60th day before general primary
|
|
|
election day, whichever is earlier]. |
|
|
SECTION 7. (a) Section 50, Chapter 1318 (S.B. 100), Acts of |
|
|
the 82nd Legislature, Regular Session, 2011, is repealed. |
|
|
(b) The secretary of state may not adjust or modify affected |
|
|
election dates, deadlines, or procedures to implement the federal |
|
|
Military and Overseas Voter Empowerment Act under Section 50, |
|
|
Chapter 1318 (S.B. 100), Acts of the 82nd Legislature, Regular |
|
|
Session, 2011. |
|
|
(c) This section takes effect December 31, 2016. |
|
|
SECTION 8. Except as otherwise provided by this Act, this |
|
|
Act takes effect September 1, 2013. |