85R25322 SRS-F
 
  By: Israel, Laubenberg H.B. No. 2410
 
  Substitute the following for H.B. No. 2410:
 
  By:  Laubenberg C.S.H.B. No. 2410
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority to conduct a runoff primary election by
  mail in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 172, Election Code, is
  amended by adding Section 172.129 to read as follows:
         Sec. 172.129.  VOTING BY MAIL IN CERTAIN RUNOFF PRIMARY
  ELECTIONS. (a) The state chair of a political party may by order
  require a runoff primary election to be conducted in a county only
  by mail if:
               (1)  fewer than 100 votes were cast in the county in the
  party's general primary election; and
               (2)  a runoff election is required in the county only
  for statewide offices or district offices filled by voters of more
  than one county.
         (b)  If the state chair of the political party requires the
  conduct of a runoff primary election only by mail, the state chair
  shall send the order to the county clerk not later than the fifth
  day after the local canvass is completed.
         (c)  The county clerk shall provide an official ballot in the
  manner provided by Chapter 86 to each registered voter in a county
  who: 
               (1)  voted in the party's general primary election; or
               (2)  requests in writing a ballot for the runoff
  primary election and is otherwise eligible to vote in the election.
         (d)  A person who did not vote in the party's general primary
  election and did not vote in any other party's primary election may
  request a runoff primary election ballot to be voted by mail:
               (1)  by submitting a written request to the county
  clerk;
               (2)  by mailing to the county clerk an application form
  prescribed by the secretary of state;
               (3)  in person before election day by presenting to the
  county clerk an application form prescribed by the secretary of
  state or a written request for a ballot by mail; or
               (4)  in person on election day by presenting to the
  county clerk an application form prescribed by the secretary of
  state or a written request for a ballot by mail.
         (e)  A written request submitted under Subsection (d)(1)
  must include:
               (1)  the voter's name;
               (2)  the voter's registration address;
               (3)  the runoff election date or a statement that the
  application is for the runoff election;
               (4)  the county;
               (5)  the name of the political party conducting the
  runoff; and
               (6)  the voter's signature.
         (f)  A voter requesting a ballot under Subsection (d)(3) or
  (4) shall be provided with the ballot materials on presentation of
  an application or written request demonstrating that the voter is
  eligible to vote in the election.
         (g)  A voter requesting a ballot under Subsection (d)(3) may
  return the marked ballot in person to the county clerk or by mail or
  common carrier.
         (h)  A voter requesting a ballot under Subsection (d)(4) may
  return the marked ballot to the county clerk in person not later
  than 7 p.m. on election day.
         (i)  All ballots voted by mail or in person under this
  section shall be counted in the same manner as a ballot voted by
  mail under Chapter 86.
         (j)  The county clerk shall be reimbursed for costs of
  conducting the runoff election by mail from the same funds that
  would provide for a runoff primary election by personal appearance.
         (k)  The secretary of state may adopt rules as necessary to
  implement this section.  The application form adopted by the
  secretary of state under this section must include the required
  information for a written request under Subsection (e).
         SECTION 2.  This Act takes effect September 1, 2017.