83R8426 JRJ-D

By: Strama H.B. No. 1842

A BILL TO BE ENTITLED

AN ACT

relating to the selection of certain candidates for office through a unitary primary election.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 172, Election Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. USE OF UNITARY PRIMARY

Sec. 172.201. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to the election for a statewide office or the office of state senator or state representative for a full term at the general election for state and county officers. This subchapter does not apply to a special election held to fill a vacancy in those offices, including a special election held in conjunction with the general election for state and county officers.

(b) This subchapter does not apply to an election of a candidate for the office of president or vice-president of the United States.

Sec. 172.202. CONFLICTS. To the extent of any conflict between this subchapter and another provision of this code with regard to an office to which this subchapter applies, this subchapter controls.

Sec. 172.203. UNITARY PRIMARY REQUIRED. (a) Instead of following the primary process established by the other subchapters of this chapter, the nominating process established by Chapter 181, the independent candidacy provisions of Chapter 142, or the write-in candidacy provisions of Subchapter B, Chapter 146, all candidates for an office to which this subchapter applies must appear on the unitary primary election ballot and face election at the unitary primary election established under this subchapter.

(b) A political party may not make a nomination for an office elected at the unitary primary election.

Sec. 172.204. APPLICATION REQUIRED. (a) To be entitled to a place on the unitary primary election ballot, a candidate must make an application for a place on the ballot.

(b) In addition to complying with Section 141.031, an application must:

(1) state the party preference of the candidate or state that the candidate is running as an independent candidate; and

(2) be accompanied by:

(A) a filing fee in the amount prescribed by Section 172.024 as if the office did appear on the general primary election ballot; or

(B) a petition that satisfies the requirements prescribed by Section 141.062 and contains at least the number of signatures prescribed by Section 172.025 to appear on the petition of a candidate as if the office did appear on the general primary election ballot.

(c) A person is eligible to sign a petition under Subsection (b)(2)(B) regardless of the person's affiliation with a political party, and the person's signature on the petition does not affect the person's ability to affiliate with or participate in the affairs of a political party.

Sec. 172.205. AUTHORITY WITH WHOM APPLICATION FILED: DISPOSITION OF FILING FEE. (a) An application for a place on the unitary primary election ballot must be filed during the period prescribed by Section 172.023 with the secretary of state.

(b) A filing fee received by the secretary of state shall be deposited in the general revenue fund.

Sec. 172.206. PREPARATION OF BALLOT FOR PRIMARY ELECTION. (a) The county clerk shall prepare the ballot for the unitary primary election.

(b) The secretary of state shall certify the name of each candidate who has filed an application for a place on the ballot that complies with the requirements as to form, content, and procedure that the application must satisfy for the candidate's name to be placed on the ballot.

(c) For each office that is to appear on the ballot, the clerk shall list the name of each candidate certified under Subsection (b) and include next to the name the candidate's party preference or independent status as designated on the application under Section 172.204(b)(1).

Sec. 172.207. CONDUCT OF UNITARY PRIMARY ELECTION. The unitary primary election is held in conjunction with the general primary election. Each political party holding a primary election shall also provide a separate ballot for the unitary primary election. Any eligible voter may vote in the unitary primary election, and a person who votes only in the unitary primary election does not become affiliated with a political party.

Sec. 172.208. CANVASS; RESULTS OF PRIMARY ELECTION. (a) In the manner provided by Chapter 67:

(1) the local canvass shall be conducted by the commissioners court of each county; and

(2) the state canvass shall be conducted by the governor.

(b) For each office that appears on the unitary primary election ballot, the authority that conducts the final canvass for that office shall certify to the county clerk for inclusion on the ballot for the general election for state and county officers the names of the candidate who received the greatest number of votes and the candidate who received the second greatest number of votes.

Sec. 172.209. PREPARATION OF BALLOT FOR GENERAL ELECTION. (a) Offices for which a unitary primary election was held shall appear on the ballot for the general election for state and county officers:

(1) following the office of president or vice-president of the United States;

(2) before the offices, other than the office of president or vice-president of the United States, for which nominees are chosen at primary elections or conventions; and

(3) under a heading that indicates the candidates for office were chosen at the unitary primary election and a statement that indicates a straight-party vote is not tallied for those offices.

(b) For each office for which a unitary primary election was held, the county clerk shall place on the ballot the name of each candidate certified under Section 172.208(b) and the party preference or independent status that the candidate provided on the application under Section 172.204(b)(1).

Sec. 172.210. CONDUCT OF GENERAL ELECTION. (a) At the general election for state and county officers, a straight-party vote is not tallied for an office for which a unitary primary election was held.

(b) Subchapter C, Chapter 145, applies to a candidate in the general election for state and county officers.

Sec. 172.211. RULES. The secretary of state shall adopt rules as necessary to implement this subchapter.

SECTION 2. Section 32.002(c), Election Code, is amended to read as follows:

(c) The presiding judge and alternate presiding judge must be affiliated or aligned with different political parties, subject to this subsection. Before July of each year in a county to which Subsection (a)(1) applies or before August of each year in a county to which Subsection (a)(2) applies, the county chair of a political party whose candidate for president [governor] received the highest or second highest number of votes in the county in the most recent presidential [gubernatorial] general election shall submit in writing to the commissioners court a list of names of persons in order of preference for each precinct who are eligible for appointment as an election judge. The county chair may supplement the list of names of persons until the 20th day before a general election or the 15th day before a special election in case an appointed election judge becomes unable to serve. The commissioners court shall appoint the first person meeting the applicable eligibility requirements from the list submitted in compliance with this subsection by the party with the highest number of votes in the precinct in the most recent presidential general election as the presiding judge and the first person meeting the applicable eligibility requirements from the list submitted in compliance with this subsection by the party with the second highest number of votes in the precinct as the alternate presiding judge. If the candidates for president [governor] of two political parties received the same number of votes in the precinct, the first person meeting the applicable eligibility requirements from the list submitted by the party whose candidate for president [governor] received the highest number of votes in the county shall be appointed as the presiding judge and the first person meeting the applicable eligibility requirements from the list submitted by the party whose candidate for president [governor] received the second highest number of votes in the county shall be appointed as the alternate presiding judge. The commissioners court may reject the list if the persons whose names are submitted on the list are determined not to meet the applicable eligibility requirements.

SECTION 3. Sections 32.034(b) and (e), Election Code, are amended to read as follows:

(b) The county chair of a political party whose candidate for president [governor] received the highest or second highest number of votes in the county in the most recent presidential [gubernatorial] general election may, not later than the 25th day before a general election or the 10th day before a special election to which Subsection (a) applies, submit to a presiding judge a list containing the names of at least two persons who are eligible for appointment as a clerk. If a timely list is submitted, the presiding judge shall appoint at least one clerk from the list, except as provided by Subsection (c).

(e) If a presiding judge has not been appointed at the time the county chair of a political party is required to submit a list of names for the appointment of a clerk under this section, the list of names shall be submitted to the county chair of the political party whose candidate for president [governor] received the most votes in the precinct in the most recent presidential [gubernatorial] election and to the commissioners court. The county chair, or the commissioners court in a county without a county chair, shall appoint clerks from the list in the same manner provided for a presiding judge to appoint clerks by this section.

SECTION 4. Section 52.091(b), Election Code, is amended to read as follows:

(b) Columns of parties specified by Subsection (a)(1) shall be arranged in descending order of the number of votes received statewide by each party's candidate for president [governor] in the most recent presidential [gubernatorial] general election, beginning on the left with the party whose candidate received the highest number of votes. Columns of parties that did not have a candidate for president [governor] in the most recent presidential [gubernatorial] general election shall appear after the columns of parties that had a candidate, and the order of their columns shall be determined by a drawing conducted by the secretary of state.

SECTION 5. Section 85.062(e), Election Code, is amended to read as follows:

(e) In an election covered by Subsection (d), a temporary branch polling place that is movable may be established only with the approval of the county clerk. If a movable temporary branch polling place is established on the request of a political party, each other political party whose nominee for president [governor] in the most recent presidential [gubernatorial] general election received more than 10 percent of the total number of votes received by all candidates for president [governor] in the election is entitled to establishment of such a polling place. The election officers serving a polling place covered by this subsection must be affiliated or aligned with different political parties to the extent possible. The secretary of state, after consulting the state chair of each affected political party, shall prescribe the procedures necessary to implement this subsection.

SECTION 6. Sections 87.002(c) and (d), Election Code, are amended to read as follows:

(c) In the general election for state and county officers, each county chair of a political party with an affiliated candidate [nominees] on the general election ballot shall submit to the county election board a list of names of persons eligible to serve on the early voting ballot board. The county election board shall appoint at least one person from each list to serve as a member of the early voting ballot board. The same number of members must be appointed from each list.

(d) In addition to the members appointed under Subsection (c), the county election board shall appoint the presiding judge from the list provided under that subsection by the political party whose nominee for president [governor] received the most votes in the county in the most recent presidential [gubernatorial] general election.

SECTION 7. Section 87.027(d), Election Code, is amended to read as follows:

(d) The early voting clerk shall determine the number of members who are to compose the signature verification committee and shall state that number in the order calling for the committee's appointment. A committee must consist of not fewer than five members. In an election in which party alignment is indicated on the ballot, each county chair of a political party with a nominee or aligned candidate on the ballot shall submit to the appointing authority a list of names of persons eligible to serve on the signature verification committee. The authority shall appoint at least two persons from each list to serve as members of the committee. The same number of members must be appointed from each list. The authority shall appoint the chair of the committee from the list provided by the political party whose nominee for president [governor] received the most votes in the county in the most recent presidential [gubernatorial] general election. A vacancy on the committee shall be filled by appointment from the original list or from a new list submitted by the appropriate county chair.

SECTION 8. Section 141.070(a), Election Code, is amended to read as follows:

(a) If, since the most recent presidential [gubernatorial] general election, a district or precinct from which an officer of the federal, state, or county government is elected is created or has had its boundary changed, the number of votes received in the district or precinct by a political party's presidential [gubernatorial] candidate or by all the presidential [gubernatorial] candidates shall be estimated, as provided by this section, for the purpose of computing the number of signatures required on a candidate's petition.

SECTION 9. Section 163.006(d), Election Code, is amended to read as follows:

(d) Before January 15 of each year in which political parties hold precinct conventions under this title, the secretary of state shall deliver written notice of the requirements of this section to the state chair of each party that had a nominee for president or vice-president [a statewide] or a district office on the most recent general election ballot.

SECTION 10. Section 172.088(e), Election Code, is amended to read as follows:

(e) The minimum number of signatures that must appear on the petition is five percent of the total vote received by all candidates for president [governor] in the party's most recent presidential [gubernatorial] general primary election.

SECTION 11. Section 172.126(b), Election Code, is amended to read as follows:

(b) The county clerk shall determine whether to consolidate election precincts under Section 42.009 and shall designate the location of the polling place in a consolidated precinct. To the extent possible, a polling place shall be designated that will accommodate the precinct conventions of each political party. If a polling place, whether for a regular or consolidated precinct, is not suitable for more than one precinct convention, the polling place may be used by the party whose candidate for president [governor] received the most votes in the county in the most recent presidential [gubernatorial] general election.

SECTION 12. Section 257.005(a), Election Code, is amended to read as follows:

(a) Except as provided by this section, the following are subject to the requirements of this title that apply to a candidate for public office:

(1) a candidate for state chair of a political party with an affiliated candidate [a nominee] on the ballot in the most recent gubernatorial general election; and

(2) a candidate for election to the office of county chair of a political party with an affiliated candidate [a nominee] on the ballot in the most recent gubernatorial general election if the county has a population of 350,000 or more.

SECTION 13. This Act takes effect September 1, 2013.