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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of primary elections, the nomination |
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of candidates by convention, and voting by certain military and |
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overseas voters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.007, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The secretary of state shall make a checklist or similar |
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guidelines available for optional use by early voting clerks in |
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processing an application and providing balloting materials under |
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this chapter. |
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SECTION 2. Section 101.107(b), Election Code, is amended to |
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read as follows: |
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(b) A voter who receives a ballot under this subchapter must |
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return the ballot in the same manner as required under Section |
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101.057 except that a voter who completes a signature sheet is not |
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required to complete a carrier envelope. Except [and, except] as |
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provided by Chapter 105, the voter may not return the ballot by |
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electronic transmission. |
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SECTION 3. Section 172.022(b), Election Code, is amended to |
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read as follows: |
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(b) Not later than the day before the last day of the filing |
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period, the county chair shall post on the political party's |
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Internet website or in the location where a candidate files for a |
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place on the ballot [bulletin board used for posting notice of
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meetings of the commissioners court a] notice of the address at |
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which the county chair or secretary will be available to receive |
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applications on the last day of the filing period. If both the |
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county chair and the secretary will be available, the notice must |
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contain the address at which each will be available. Section 1.006 |
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does not apply to this subsection. |
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SECTION 4. Sections 172.028(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) Except as provided by Subsection (c), the state chair |
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shall certify to the secretary of state [in writing] for placement |
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on the general primary election ballot the name of each candidate |
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who files with the chair an application that complies with Section |
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172.021(b). The secretary of state shall post on the secretary's |
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Internet website that is viewable by the public the certified list. |
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(b) Not later than the 81st day before general primary |
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election day, the state chair shall notify [deliver the
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certification to] the county chair in each county in which the |
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candidate's name is to appear on the ballot that the certification |
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has been posted by the secretary of state. |
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SECTION 5. Section 172.029, Election Code, is amended to |
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read as follows: |
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Sec. 172.029. SUBMISSION AND COMPILATION OF INFORMATION |
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PERTAINING TO [LIST OF] CANDIDATES. (a) For each general primary |
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election, the state chair and each county chair shall |
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electronically submit the following information [prepare a list
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containing]: |
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(1) the name of each candidate who files an |
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application for a place on the ballot with the chair, including an |
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application for the office of a political party; |
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(2) the name of each candidate whose application meets |
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the requirements of Section 172.021 and is accepted by the chair, as |
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the name is to appear on the ballot; |
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(3) [(2)] the candidate's address as shown on the |
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application; [and] |
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(4) [(3)] the date on which the candidate filed the |
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application; and |
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(5) any additional information required by the |
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secretary of state. |
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(b) The secretary of state shall continuously maintain an |
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online database of information submitted under this section. The |
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database must be accessible by the county and precinct chairs of the |
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party that submitted the information. Any changes in the party's |
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county or precinct chairs shall be reported to the secretary of |
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state. The secretary of state shall adopt rules to implement this |
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section, including rules regarding the public availability of |
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information submitted under this section. [The candidates' names
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must be grouped on the list according to office.] |
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(c) The secretary of state may by rule prescribe a deadline |
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by which [Not later than the 10th day after the date of the regular
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filing deadline for candidates' applications,] the state chair must |
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[shall] deliver the chair's submission regarding a candidate [list] |
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to the secretary of state, and each county chair shall deliver a |
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copy of the chair's submission regarding a candidate [list] to the |
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county clerk, the state chair, and the secretary of state when the |
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chair accepts the application. The secretary of state may by rule |
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prescribe a deadline for the delivery of a submission under this |
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subsection. |
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(d) The secretary of state shall be notified if a [A
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candidate's name must be omitted from the list if, before delivery
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of the list, the] candidate withdraws, dies, or is declared |
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ineligible, or if the candidate's application is determined not to |
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comply with the applicable requirements. The secretary of state |
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shall adopt rules implementing this subsection. |
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(e) The secretary of state shall: |
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(1) archive and keep available for inspection a list |
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of all candidates for whom information has been submitted under |
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this section; and |
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(2) prescribe rules for submitting the list |
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electronically and methodology for distribution to each county |
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clerk and state chair [shall retain each list received until the day
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after general primary election day]. |
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SECTION 6. Sections 172.054(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) The deadline for filing an application for a place on |
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the general primary election ballot is extended as provided by this |
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section if a candidate who has made an application that complies |
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with the applicable requirements: |
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(1) dies on or after the fifth day before the date of |
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the regular filing deadline and on or before the first [79th] day |
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after the date of the regular filing deadline [before general
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primary election day]; |
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(2) holds the office for which the application was |
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made and withdraws or is declared ineligible on [or after] the date |
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of the regular filing deadline [and on] or [before] the first [79th] |
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day after the date of the regular filing deadline [before general
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primary election day]; or |
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(3) withdraws or is declared ineligible during the |
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period prescribed by Subdivision (2), and at the time of the |
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withdrawal or declaration of ineligibility no other candidate has |
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made an application that complies with the applicable requirements |
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for the office sought by the withdrawn or ineligible candidate. |
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(b) An application for an office sought by a withdrawn, |
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deceased, or ineligible candidate must be filed not later than 6 |
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p.m. of the fifth day after the date of the regular filing deadline |
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[81st day before general primary election day]. An application |
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filed by mail with the state chair is not timely if received later |
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than 5 p.m. of the fifth day after the date of the regular filing |
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deadline [81st day before general primary election day]. |
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SECTION 7. Sections 172.056(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) If the deadline for filing applications is extended, an |
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electronic submission shall be made [a list shall be prepared, as
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provided by Section 172.029 for a list of candidates who file during
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the regular filing period,] containing the name of each candidate: |
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(1) who files an application that complies with the |
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applicable requirements during the extended filing period; and |
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(2) whose name is not submitted [on the list prepared] |
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under Section 172.029. |
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(b) Notification shall be made as prescribed by Section |
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172.029 that additional names have been added during the extended |
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period. [The list prepared under this section is subject to the
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requirements prescribed by Section 172.029 except that the list
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must be delivered to the secretary of state, county clerk, and state
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chair, as applicable, not later than the seventh day after the date
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of the extended deadline.] |
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SECTION 8. Section 172.057, Election Code, is amended to |
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read as follows: |
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Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE |
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CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A |
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candidate's name shall be omitted from the general primary election |
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ballot if the candidate withdraws, dies, or is declared ineligible |
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on or before the first [79th] day after the date of the regular |
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filing deadline [before general primary election day]. |
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SECTION 9. Section 172.058(a), Election Code, is amended to |
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read as follows: |
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(a) If a candidate who has made an application for a place on |
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the general primary election ballot that complies with the |
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applicable requirements dies or is declared ineligible after the |
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first [79th] day after the date of the regular filing deadline |
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[before general primary election day], the candidate's name shall |
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be placed on the ballot and the votes cast for the candidate shall |
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be counted and entered on the official election returns in the same |
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manner as for the other candidates. |
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SECTION 10. Section 172.082(e), Election Code, is amended |
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to read as follows: |
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(e) The county chair shall post notice of the date, hour, |
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and place of the drawing for at least 24 consecutive hours |
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immediately before the drawing begins. The notice shall be posted |
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on the bulletin board used for posting notice of meetings of the |
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commissioners court. If the party maintains an Internet website, |
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the party shall post the notice on the party's website. All |
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candidates who provide an e-mail address on their filing form shall |
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be notified electronically. |
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SECTION 11. Section 172.084(e), Election Code, is amended |
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to read as follows: |
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(e) The notice required by Subsection (d) shall be posted on |
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the bulletin board used for posting notice of meetings of the |
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commissioners court. If the party maintains an Internet website, |
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the party shall post the notice on the party's website. All |
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candidates who provide an e-mail address on their filing form shall |
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be notified electronically. |
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SECTION 12. Sections 172.118(a) and (d), Election Code, are |
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amended to read as follows: |
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(a) Not later than the 20th day after the date the local |
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canvass is completed, the county chair shall deliver written notice |
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to the state chair and to the county clerk of the names of the |
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persons elected as county chair and precinct chairs for the county. |
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This notice may be given by electronic means or through an |
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electronic submission system adopted by the state executive |
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committee of the party. |
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(d) On request of the secretary of state, the state chair |
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shall deliver to the secretary written notice of the names and |
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addresses of the party's county chairs. This notice may be given in |
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electronic format as set out in rules adopted by the secretary of |
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state. |
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SECTION 13. Section 172.119(b), Election Code, is amended |
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to read as follows: |
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(b) The county chair shall deliver the county returns and |
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retain a copy in the same manner as the county returns for a general |
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election are delivered and retained by the county clerk except that |
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the delivery shall be made to the state chair. The state executive |
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committee may adopt by rule an electronic submission system for |
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delivery of the county returns. |
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SECTION 14. Section 172.124, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The secretary of state shall create and maintain an |
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electronic system for submission of the report. |
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SECTION 15. Section 172.125(a), Election Code, is amended |
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to read as follows: |
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(a) For a runoff primary election, the voter registrar shall |
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make appropriate notations to indicate [enter on the list of
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registered voters a notation beside each voter's name indicating] |
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the preceding party primary for which the voter was accepted for |
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voting, if any. |
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SECTION 16. Section 181.033(a), Election Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), an application for |
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nomination by a convention must be filed not later than the regular |
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deadline for candidates to file applications for a place on the |
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general primary ballot [5 p.m. on January 2 preceding the
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convention]. |
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SECTION 17. Sections 202.004(a) and (c), Election Code, are |
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amended to read as follows: |
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(a) A political party's nominee for an unexpired term must |
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be nominated by primary election if: |
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(1) the political party is making nominations by |
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primary election for the general election in which the vacancy is to |
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be filled; and |
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(2) the vacancy occurs on or before the fifth [62nd] |
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day before the date of the regular deadline for candidates to file |
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applications for a place on the general primary ballot [general
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primary election day]. |
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(c) If the vacancy occurs after the 10th day before the date |
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of the regular filing deadline, an application for the unexpired |
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term must be filed not later than 6 [5] p.m. of the fifth day after |
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the date of the regular filing deadline [15th day after the date the
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vacancy occurs or 5 p.m. of the 60th day before general primary
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election day, whichever is earlier]. |
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SECTION 18. (a) The secretary of state shall conduct a |
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study on the effects of changing the presidential primary election |
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date. In conducting the study, the secretary shall consult with all |
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political parties in this state that hold presidential primary |
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elections. |
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(b) The secretary of state shall report the results of this |
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study and make recommendations for any legislation to the 84th |
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Legislature. |
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(c) This section expires June 1, 2015. |
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SECTION 19. Section 172.028(d), Election Code, is repealed. |
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SECTION 20. (a) Section 50, Chapter 1318 (S.B. 100), Acts |
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of the 82nd Legislature, Regular Session, 2011, is repealed. |
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(b) The secretary of state may not adjust or modify affected |
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election dates, deadlines, or procedures to implement the federal |
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Military and Overseas Voter Empowerment Act under Section 50, |
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Chapter 1318 (S.B. 100), Acts of the 82nd Legislature, Regular |
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Session, 2011. |
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(c) This section takes effect December 31, 2016. |
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SECTION 21. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2013. |