BILL ANALYSIS |
C.S.S.B. 1073 |
By: Zaffirini |
Elections |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Currently, a candidate for public office in Texas must provide the candidate's residence address on the candidate's application for a place on the ballot. Observers note that the address, together with other information provided by the candidate, is posted on a publicly viewable website maintained by the secretary of state. In addition to other concerns, the publication of a candidate's home address has raised significant privacy concerns. C.S.S.B. 1073 revises the law relating to requirements for a candidate's application or nomination for a place on the ballot and related procedures.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the secretary of state in SECTIONS 8 and 12 of this bill.
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ANALYSIS
C.S.S.B. 1073 amends the Election Code to require an application for a place on the ballot from a candidate for public office to include, among other required elements, a public mailing address and any available electronic mail address at which the candidate receives correspondence relating to the candidate's campaign. The bill requires the authority receiving an application for a place on the ballot to return the application to the applicant as incomplete if the applicant submits payment of a fee that is returned for insufficient funds. The bill authorizes the applicant to resubmit the application before the end of the filing period, but prohibits the payment of the filing fee from being made by check from the same account as that of the payment previously returned for insufficient funds. The bill establishes, if a filing fee payment is returned for insufficient funds after the end of the filing period, that the application is not considered to be timely filed and requires the receiving authority to inform the applicant of the application's invalidity. The bill repeals provisions requiring candidates applying for a place on the ballot for certain judicial offices who choose to pay the filing fee to also file a petition and increasing the petition requirements for certain candidates who do not choose to pay the filing fee.
C.S.S.B. 1073 requires the authority with whom an application for a place on the general primary election ballot is filed to inform the candidate that the candidate's public mailing address and, if provided on the application, the candidate's electronic mail address will be posted by the secretary of state on the secretary's publicly viewable website. The bill expands the information required to be posted on the website to include a public mailing address for each certified candidate and any available electronic mail address at which the candidate receives correspondence relating to the candidate's campaign.
C.S.S.B. 1073 revises a provision requiring the county executive committee to canvass the precinct election returns for the county to instead require the county chair and, if available, at least one member of the county executive committee selected by the county executive committee to canvass the precinct election returns for the county. The bill removes the specification that the local canvass must be convened at the county seat and specifies that the applicable hour for convening the canvass is posted on the county party website or the commissioners court bulletin board if the county organization of the political party does not maintain a website. The bill requires the official result of the primary election that is determined from the local canvass of precinct returns, except for offices canvassed at the state level, to be posted to the secretary of state's website.
C.S.S.B. 1073 revises the method by which the county chair shall certify the name and address of each primary candidate who is nominated for a county or precinct office for placement on the general election ballot from certification in writing to certification by posting on the secretary of state's website a notation next to the name and address of each primary candidate. The bill requires the county chair to execute and file with the county clerk an affidavit certifying that the returns posted on the website are the correct and complete returns and authorizes the secretary of state to adopt by rule a process to allow the chair to submit the affidavit digitally. The bill requires the secretary of state to develop appropriate notations to describe the status of each candidate and specifies the notations to be included. The bill requires the county chair to update the notations after each general primary and runoff primary election and, after any withdrawal or death of a candidate and subsequent replacement of the candidate on the ballot, to update the notation on the website. The bill requires all notations to be completed and accurate on the date prescribed by the secretary of state by rule to ensure that an authority printing general election ballots may rely on the information. The bill requires the authority preparing the official general election ballot, after the notations have been placed on the website and the required affidavit has been filed, to use the list of candidates named on the website as the nominees for general election in preparing the general election ballot.
C.S.S.B. 1073 transfers the responsibility for canvassing county election returns from the state executive committee to the state chair and clarifies that the state chair is required to complete the state canvass of the runoff primary election not later than the third Saturday after runoff primary election day. The bill removes a provision requiring the state chair to deliver the tabulation of the canvass to the secretary of state and preserve it for the period for preserving the precinct election results and instead requires the secretary of state to preserve and archive on the secretary's website all of the information pertaining to candidates and the canvass results.
C.S.S.B. 1073 revises the method by which the state chair shall certify the name and address of each primary candidate who is nominated for a statewide or district office from certification in writing to certification by posting on the secretary of state's website the name and address of each primary candidate. The bill requires the state chair to execute and file with the secretary of state an affidavit certifying that the returns posted on the website are the correct and complete returns. The bill authorizes the secretary of state to adopt by rule a process to allow the chair to submit the affidavit digitally. The bill transfers the responsibility for preparing, for each primary election, a report of the number of votes received in each election precinct by each candidate for certain state or federal offices from the county chair to the county clerk.
C.S.S.B. 1073, in a provision set to expire January 1, 2017, requires the secretary of state, as soon as practicable but not later than December 31, 2016, to complete the modifications to the secretary of state's website as necessary to enable compliance with the bill's provisions.
C.S.S.B. 1073 repeals the following Election Code provisions: · Sections 172.021(e) and (g) · Sections 172.116(c), (d), and (e) · Section 172.117(b) · Sections 172.120(c), (d), and (e)
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EFFECTIVE DATE
September 1, 2015.
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COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE
While C.S.S.B. 1073 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
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