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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of certain voting procedures necessary to |
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implement the federal Military and Overseas Voter Empowerment Act, |
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including the modification of certain election deadlines. |
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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. Subsection (b), Section 101.107, Election Code, |
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is amended to 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. Subsections (a) and (b), Section 172.054, |
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Election Code, are 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 4. 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 5. Subsection (a), Section 172.058, Election Code, |
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is amended to 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 6. Subsections (a) and (c), Section 202.004, |
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Election Code, are 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 7. (a) Section 50, Chapter 1318 (Senate Bill No. |
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100), Acts of the 82nd Legislature, Regular Session, 2011, is |
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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 (Senate Bill No. 100), Acts of the 82nd Legislature, |
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Regular Session, 2011. |
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(c) This section takes effect December 31, 2016. |
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SECTION 8. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2013. |
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* * * * * |