84R8642 ATP-F
 
  By: Goldman H.B. No. 3188
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the canvassing of primary elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 172.116(a), (b), and (g), Election
  Code, are amended to read as follows:
         (a)  The county chair and, if available, at least one member
  of the county executive committee selected by the county executive
  committee shall canvass the precinct election returns for the
  county.
         (b)  The county chair and any selected county executive 
  committee member shall convene to conduct the local canvass [at the
  county seat] on the second Thursday after election day at the hour
  specified by the county chair and 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.
         (g)  The official result of the primary election, except for
  offices canvassed at the state level, is determined from the local
  canvass of precinct returns and shall be posted to the secretary of
  state's website.
         SECTION 2.  Section 172.117, Election Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), and
  (a-3) to read as follows:
         (a)  The county chair shall certify by posting on the
  secretary of state's website a notation next to [in writing for
  placement on the general election ballot] the name and address of
  each primary candidate who is nominated for a county or precinct
  office for placement on the general election ballot.  The chair
  shall execute and file with the county clerk an affidavit
  certifying that the returns posted on the secretary of state's
  website are the correct and complete returns.  The secretary of
  state may adopt by rule a process to allow the chair to submit the
  affidavit digitally.
         (a-1)  The secretary of state shall develop appropriate
  notations to describe the status of each candidate. The notations
  shall include:
               (1)  "filed";
               (2)  "withdrew";
               (3)  "lost primary";
               (4)  "in runoff";
               (5)  "lost runoff";
               (6)  "deceased"; or
               (7)  "nominee for general election."
         (a-2)  The county chair shall update the notations after each
  general primary and runoff primary election. After any withdrawal
  or death of a candidate, and subsequent replacement of the
  candidate on the ballot, the chair shall update the notation on the
  website. All notations must 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.
         (a-3)  After the notations have been placed on the website
  and the affidavit has been filed as required by Subsection (a), the
  authority preparing the official general election ballot shall use
  the list of candidates named on the secretary of state's website as
  the nominees for general election in preparing the general election
  ballot.
         SECTION 3.  Section 172.118, Election Code, is amended by
  adding Subsections (e), (f), (g), (h), (i), (j), and (k) to read as
  follows:
         (e)  The county chair shall post on the secretary of state's
  website a list of names of each person elected county chair and
  precinct chair of each precinct in the county. The list shall be
  maintained as the current and official list of party officers for
  all purposes under this code.
         (f)  If a county or precinct chair dies or resigns, the
  chair's name shall immediately be removed from the website and
  marked as vacant until a replacement is selected.
         (g)  When a new county chair or precinct chair is selected to
  fill a vacancy, the chair's name and address and any other relevant
  public information shall be posted on the website. The appointment
  of a new county chair or precinct chair is not effective until the
  chair's name is posted on the website.
         (h)  When a district or county executive committee meets to
  fill a vacancy on the ballot, the members of the committee are those
  county and precinct chairs whose names are posted on the secretary
  of state's website on the date the vacancy occurs. County or
  precinct chairs appointed after the date of the vacancy may
  participate in the discussions of those county and district
  committees but are not eligible to vote.
         (i)  A state party chair or the chair's designee may assist a
  county chair or county executive committee in posting information
  on the secretary of state's website or making corrections to the
  list if the county chair or county executive committee needs
  technical assistance.
         (j)  A state executive committee member shall have access to
  and be able to download the information posted for each precinct
  chair, including each chair's name, address, telephone number, and
  e-mail address.
         (k)  The secretary of state shall make publicly viewable on
  the secretary's website only the name and precinct number of each
  precinct chair.
         SECTION 4.  Section 172.119, Election Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The county chair shall prepare and post next to the name
  of each primary candidate listed on the secretary of state's
  website county election returns for the statewide and district
  offices voted on in a primary election [in the same manner as the
  county returns for a general election are prepared by the county
  clerk except that separate returns for the offices of governor and
  lieutenant governor are not prepared].
         (a-1)  The secretary of state by rule may determine what data
  is required to be posted, including:
               (1)  votes cast by mail;
               (2)  votes cast early;
               (3)  votes cast on election day;
               (4)  votes cast by federal postcard applicants or other
  military or overseas voters;
               (5)  provisional ballots; or
               (6)  total votes only.
         SECTION 5.  Sections 172.120(a), (b), (b-1), (f), and (h),
  Election Code, are amended to read as follows:
         (a)  The state chair [executive committee] shall canvass the
  county election returns.
         (b)  The state chair [executive committee] shall [convene
  to] conduct the state canvass for the general primary election not
  later than:
               (1)  the second Sunday after general primary election
  day, for an election in which three or more candidates are seeking
  election to the same office; or
               (2)  the 22nd day after general primary election day,
  for an election not described by Subdivision (1).
         (b-1)  Not later than the third Saturday after runoff primary
  election day, the [committee shall convene at the call of the] state
  chair shall complete [to conduct] the state canvass of the runoff
  primary election.
         (f)  The [Not later than the 20th day after the date the state
  canvass is completed, the state chair shall deliver the committee's
  tabulation to the] secretary of state[, who] shall preserve and
  archive on the secretary's website all of the information
  pertaining to candidates and the canvass results [it for the period
  for preserving the precinct election records].
         (h)  The official result of the primary election for offices
  canvassed by the state chair [executive committee] is determined
  from its canvass of the county returns.
         SECTION 6.  Section 172.122(a), Election Code, is amended to
  read as follows:
         (a)  The state chair shall certify by posting on the
  secretary of state's website [in writing as the party's nominee] the
  name and address of each primary candidate who is nominated for a
  statewide or district office. The state chair shall execute and
  file with the secretary of state an affidavit certifying that the
  returns posted on the secretary of state's website are the correct
  and complete returns. The secretary of state may adopt by rule a
  process to allow the chair to submit the affidavit digitally.
         SECTION 7.  Section 172.124(a), Election Code, is amended to
  read as follows:
         (a)  For each primary election, the county clerk [chair]
  shall prepare a report of the number of votes, including early
  voting votes, received in each county election precinct by each
  candidate for a statewide office or the office of United States
  representative, state senator, or state representative, as
  provided by Section 67.017 for the report of precinct results for a
  general election.
         SECTION 8.  The following provisions of the Election Code
  are repealed:
               (1)  Sections 172.116(c), (d), and (e);
               (2)  Section 172.117(b);
               (3)  Sections 172.118(a), (b), (c), and (d);
               (4)  Section 172.119(b); and
               (5)  Sections 172.120(c), (d), and (e).
         SECTION 9.  This Act takes effect September 1, 2015.