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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to conduct a runoff primary election by |
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mail in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 172, Election Code, is |
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amended by adding Section 172.131 to read as follows: |
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Sec. 172.131. VOTING BY MAIL IN CERTAIN RUNOFF PRIMARY |
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ELECTIONS. (a) The state chair of a political party may by order |
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require a runoff primary election to be conducted in a county only |
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by mail if: |
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(1) fewer than 100 votes were cast in the county in the |
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party's general primary election; and |
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(2) a runoff election is required in the county only |
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for statewide offices or district offices filled by voters of more |
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than one county. |
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(b) If the state chair of the political party requires the |
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conduct of a runoff primary election only by mail, the state chair |
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shall send the order to the county clerk not later than the fifth |
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day after the local canvass is completed. |
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(c) The county clerk shall provide an official ballot in the |
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manner provided by Chapter 86 to each registered voter in a county |
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who: |
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(1) voted in the party's general primary election; or |
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(2) requests in writing a ballot for the runoff |
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primary election and is otherwise eligible to vote in the election. |
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(d) A person who did not vote in the party's general primary |
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election and did not vote in any other party's primary election may |
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request a runoff primary election ballot to be voted by mail: |
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(1) by submitting a written request to the county |
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clerk; |
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(2) by mailing to the county clerk an application form |
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prescribed by the secretary of state; |
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(3) in person before election day by presenting to the |
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county clerk an application form prescribed by the secretary of |
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state or a written request for a ballot by mail; or |
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(4) in person on election day by presenting to the |
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county clerk an application form prescribed by the secretary of |
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state or a written request for a ballot by mail. |
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(e) A written request submitted under Subsection (d)(1) |
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must include: |
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(1) the voter's name; |
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(2) the voter's registration address; |
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(3) the runoff election date or a statement that the |
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application is for the runoff election; |
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(4) the name of the county; |
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(5) the name of the political party conducting the |
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runoff; and |
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(6) the voter's signature. |
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(f) A voter requesting a ballot under Subsection (d)(3) or |
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(4) shall be provided with the ballot materials on presentation of |
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an application or written request demonstrating that the voter is |
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eligible to vote in the election. |
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(g) A voter requesting a ballot under Subsection (d)(3) may |
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return the marked ballot in person to the county clerk or by mail or |
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common carrier. |
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(h) A voter requesting a ballot under Subsection (d)(4) may |
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return the marked ballot to the county clerk in person not later |
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than 7 p.m. on election day. |
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(i) All ballots voted by mail or in person under this |
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section shall be counted in the same manner as a ballot voted by |
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mail under Chapter 86. |
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(j) The county clerk shall be reimbursed for costs of |
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conducting the runoff election by mail from the same funds that |
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would provide for a runoff primary election by personal appearance. |
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(k) The secretary of state may adopt rules as necessary to |
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implement this section. The application form adopted by the |
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secretary of state under this section must include the required |
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information for a written request under Subsection (e). |
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SECTION 2. This Act takes effect September 1, 2019. |