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A BILL TO BE ENTITLED
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AN ACT
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relating to the date of the primary election and related |
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procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 41.007(a), (b), and (c), Election Code, |
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are amended to read as follows: |
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(a) The general primary election date is the fourth [first] |
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Tuesday in January [March] in each even-numbered year. |
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(b) The runoff primary election date is the fourth Tuesday |
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in March [May] following the general primary election. |
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(c) The presidential primary election date is the fourth |
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[first] Tuesday in January [March] in each presidential election |
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year. |
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SECTION 2. Section 141.031(a), Election Code, is amended to |
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read as follows: |
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(a) A candidate's application for a place on the ballot that |
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is required by this code must: |
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(1) be in writing; |
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(2) be signed and sworn to before a person authorized |
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to administer oaths in this state by the candidate and indicate the |
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date that the candidate swears to the application; |
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(3) be timely filed with the appropriate authority; |
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and |
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(4) include: |
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(A) the candidate's name; |
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(B) the candidate's occupation; |
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(C) the office sought, including any place number |
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or other distinguishing number; |
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(D) an indication of whether the office sought is |
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to be filled for a full or unexpired term if the office sought and |
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another office to be voted on have the same title but do not have |
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place numbers or other distinguishing numbers; |
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(E) a statement that the candidate is a United |
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States citizen; |
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(F) a statement that the candidate has not been |
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determined by a final judgment of a court exercising probate |
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jurisdiction to be: |
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(i) totally mentally incapacitated; or |
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(ii) partially mentally incapacitated |
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without the right to vote; |
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(G) a statement that the candidate has not been |
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finally convicted of a felony from which the candidate has not been |
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pardoned or otherwise released from the resulting disabilities; |
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(H) the candidate's date of birth; |
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(I) the candidate's residence address or, if the |
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residence has no address, the address at which the candidate |
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receives mail and a concise description of the location of the |
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candidate's residence; |
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(J) the candidate's length of continuous |
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residence in the state and in the territory from which the office |
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sought is elected as of the date the candidate swears to the |
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application; |
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(K) the statement: "I, __________, of |
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__________ County, Texas, being a candidate for the office of |
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__________, swear that I will support and defend the constitution |
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and laws of the United States and of the State of Texas"; |
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(L) a statement that the candidate is aware of |
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the nepotism law, Chapter 573, Government Code; [and] |
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(M) a public mailing address at which the |
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candidate receives correspondence relating to the candidate's |
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campaign, if available, and an electronic mail address at which the |
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candidate receives correspondence relating to the candidate's |
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campaign, if available; and |
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(N) a statement that the candidate is aware of |
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the provisions of Section 65, Article XVI, Texas Constitution. |
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SECTION 3. Section 162.003, Election Code, is amended to |
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read as follows: |
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Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. (a) A |
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person becomes affiliated with a political party when the person: |
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(1) is accepted to vote in the party's primary |
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election; or |
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(2) applies for and is provided an early voting or |
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limited primary ballot to be voted by mail. |
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(b) An affiliation under Subsection (a)(2) applies to the |
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voting year in which the primary election is held. |
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SECTION 4. Section 172.023(a), Election Code, is amended to |
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read as follows: |
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(a) An application for a place on the general primary |
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election ballot must be filed not later than 6 p.m. on the second |
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Monday in October [December] of an odd-numbered year unless the |
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filing deadline is extended under Subchapter C. |
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SECTION 5. Section 173.010, Election Code, is amended to |
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read as follows: |
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Sec. 173.010. FURNISHING RULES AND GUIDELINES. During |
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September [October] preceding each primary election year, the |
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secretary of state shall post on the secretary's website a current |
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set of the rules and any available guidelines adopted under this |
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subchapter. The secretary of state shall e-mail each state or |
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county chair who has provided the secretary of state an e-mail |
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address when the rules and guidelines have been posted. If a rule or |
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amendment of a rule is adopted after the set is posted, the |
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secretary shall update the posting with the new rule or amendment |
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not later than the 10th day after the date of its adoption. |
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SECTION 6. Section 181.0041, Election Code, is amended to |
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read as follows: |
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Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political |
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party that intends to make nominations under this chapter for the |
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general election for state and county officers must register with |
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the secretary of state, in the manner prescribed by the secretary, |
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not later than the regular filing deadline for candidates in the |
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general primary election [January 2 of the election year]. |
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SECTION 7. Sections 181.061(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) A party nominating by convention must make its |
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nominations for offices of districts situated in more than one |
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county at district conventions held on the second Saturday after |
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general primary election day [the second Tuesday in March]. A |
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district convention consists of delegates selected at the county |
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conventions held under Subsection (c). |
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(c) A party nominating by convention must make its |
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nominations for county and precinct offices and for offices of |
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districts not situated in more than one county at county |
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conventions held on the first Saturday after general primary |
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election day [the second Tuesday in March]. A county convention |
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consists of delegates selected at precinct conventions held on |
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general primary election day [the second Tuesday in March] in the |
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regular county election precincts. |
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SECTION 8. Section 182.005, Election Code, is amended to |
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read as follows: |
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Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A |
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political party must make its nominations under this chapter at a |
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county convention held on the first Saturday after general primary |
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election day [the second Tuesday in March of the election year]. |
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The convention consists of delegates selected at precinct |
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conventions held on general primary election day [the second
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Tuesday in March] in the regular county election precincts. |
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SECTION 9. Section 204.005, Election Code, is amended to |
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read as follows: |
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Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. An [If a
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vacancy occurs during an odd-numbered year or after the 62nd day
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before general primary election day in an even-numbered year, the
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remainder of the] unexpired term shall be filled by a special |
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election in the same manner as provided by Chapter 203 for the |
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legislature, except that: |
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(1) the minimum number of signatures that must appear |
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on a petition accompanying a candidate's application for a place on |
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the ballot is 5,000; and |
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(2) Section 203.013 does not apply. |
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SECTION 10. Sections 204.003 and 204.004, Election Code, |
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are repealed. |
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SECTION 11. The term of a person who is serving as a county |
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or precinct chair of a political party on the effective date of this |
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Act ends on the 20th day after the fourth Tuesday in March 2020. |
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SECTION 12. This Act takes effect September 1, 2019. |