83R15307 ATP-D
 
  By: Morrison H.B. No. 3103
 
  Substitute the following for H.B. No. 3103:
 
  By:  Morrison C.S.H.B. No. 3103
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of primary elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 172.022(b), Election Code, is amended to
  read as follows:
         (b)  Not later than the day before the last day of the filing
  period, the county chair shall post on the political party's
  Internet website or in the location where a candidate files for a
  place on the ballot [bulletin board used for posting notice of
  meetings of the commissioners court a] notice of the address at
  which the county chair or secretary will be available to receive
  applications on the last day of the filing period. If both the
  county chair and the secretary will be available, the notice must
  contain the address at which each will be available. Section 1.006
  does not apply to this subsection.
         SECTION 2.  Sections 172.028(a) and (b), Election Code, are
  amended to read as follows:
         (a)  Except as provided by Subsection (c), the state chair
  shall certify to the secretary of state [in writing] for placement
  on the general primary election ballot the name of each candidate
  who files with the chair an application that complies with Section
  172.021(b).  The secretary of state shall post on the secretary's
  Internet website that is viewable by the public the certified list.
         (b)  Not later than the 81st day before general primary
  election day, the state chair shall notify [deliver the
  certification to] the county chair in each county in which the
  candidate's name is to appear on the ballot that the certification
  has been posted by the secretary of state.
         SECTION 3.  Section 172.029, Election Code, is amended to
  read as follows:
         Sec. 172.029.  SUBMISSION AND COMPILATION OF INFORMATION
  PERTAINING TO [LIST OF] CANDIDATES. (a)  For each general primary
  election, the state chair and each county chair shall
  electronically submit the following information [prepare a list
  containing]:
               (1)  the name of each candidate who files an
  application for a place on the ballot with the chair, including an
  application for the office of a political party;
               (2)  the name of each candidate whose application meets
  the requirements of Section 172.021 and is accepted by the chair, as
  the name is to appear on the ballot;
               (3) [(2)]  the candidate's address as shown on the
  application; [and]
               (4) [(3)]  the date on which the candidate filed the
  application; and
               (5)  any additional information required by the
  secretary of state.
         (b)  The secretary of state shall continuously maintain an
  online database of information submitted under this section. The
  database must be accessible by the county and precinct chairs of the
  party that submitted the information. Any changes in the party's
  county or precinct chairs shall be reported to the secretary of
  state. The secretary of state shall adopt rules to implement this
  section, including rules regarding the public availability of
  information submitted under this section. [The candidates' names
  must be grouped on the list according to office.]
         (c)  The secretary of state may by rule prescribe a deadline
  by which [Not later than the 10th day after the date of the regular
  filing deadline for candidates' applications,] the state chair must
  [shall] deliver the chair's submission regarding a candidate [list]
  to the secretary of state, and each county chair shall deliver a
  copy of the chair's submission regarding a candidate [list] to the
  county clerk, the state chair, and the secretary of state when the
  chair accepts the application. The secretary of state may by rule
  prescribe a deadline for the delivery of a submission under this
  subsection.
         (d)  The secretary of state shall be notified if a [A
  candidate's name must be omitted from the list if, before delivery
  of the list, the] candidate withdraws, dies, or is declared
  ineligible, or if the candidate's application is determined not to
  comply with the applicable requirements. The secretary of state
  shall adopt rules implementing this subsection.
         (e)  The secretary of state shall:
               (1)  archive and keep available for inspection a list
  of all candidates for whom information has been submitted under
  this section; and
               (2)  prescribe rules for submitting the list
  electronically and methodology for distribution to each county
  clerk and state chair [shall retain each list received until the day
  after general primary election day].
         SECTION 4.  Sections 172.056(a) and (b), Election Code, are
  amended to read as follows:
         (a)  If the deadline for filing applications is extended, an
  electronic submission shall be made [a list shall be prepared, as
  provided by Section 172.029 for a list of candidates who file during
  the regular filing period,] containing the name of each candidate:
               (1)  who files an application that complies with the
  applicable requirements during the extended filing period; and
               (2)  whose name is not submitted [on the list prepared]
  under Section 172.029.
         (b)  Notification shall be made as prescribed by Section
  172.029 that additional names have been added during the extended
  period. [The list prepared under this section is subject to the
  requirements prescribed by Section 172.029 except that the list
  must be delivered to the secretary of state, county clerk, and state
  chair, as applicable, not later than the seventh day after the date
  of the extended deadline.]
         SECTION 5.  Section 172.082(e), Election Code, is amended to
  read as follows:
         (e)  The county chair shall post notice of the date, hour,
  and place of the drawing for at least 24 consecutive hours
  immediately before the drawing begins. The notice shall be posted
  on the bulletin board used for posting notice of meetings of the
  commissioners court. If the party maintains an Internet website,
  the party shall post the notice on the party's website. All
  candidates who provide an e-mail address on their filing form shall
  be notified electronically.
         SECTION 6.  Section 172.084(e), Election Code, is amended to
  read as follows:
         (e)  The notice required by Subsection (d) shall be posted on
  the bulletin board used for posting notice of meetings of the
  commissioners court. If the party maintains an Internet website,
  the party shall post the notice on the party's website. All
  candidates who provide an e-mail address on their filing form shall
  be notified electronically.
         SECTION 7.  Sections 172.118(a) and (d), Election Code, are
  amended to read as follows:
         (a)  Not later than the 20th day after the date the local
  canvass is completed, the county chair shall deliver written notice
  to the state chair and to the county clerk of the names of the
  persons elected as county chair and precinct chairs for the county.
  This notice may be given by electronic means or through an
  electronic submission system adopted by the state executive
  committee of the party.
         (d)  On request of the secretary of state, the state chair
  shall deliver to the secretary written notice of the names and
  addresses of the party's county chairs. This notice may be given in
  electronic format as set out in rules adopted by the secretary of
  state.
         SECTION 8.  Section 172.119(b), Election Code, is amended to
  read as follows:
         (b)  The county chair shall deliver the county returns and
  retain a copy in the same manner as the county returns for a general
  election are delivered and retained by the county clerk except that
  the delivery shall be made to the state chair. The state executive
  committee may adopt by rule an electronic submission system for
  delivery of the county returns.
         SECTION 9.  Section 172.124, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The secretary of state shall create and maintain an
  electronic system for submission of the report.
         SECTION 10.  Section 172.125(a), Election Code, is amended
  to read as follows:
         (a)  For a runoff primary election, the voter registrar shall
  make appropriate notations to indicate [enter on the list of
  registered voters a notation beside each voter's name indicating]
  the preceding party primary for which the voter was accepted for
  voting, if any.
         SECTION 11.  Section 172.028(d), Election Code, is repealed.
         SECTION 12.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2013.