86R30960 ADM-F
 
  By: Vo H.B. No. 2628
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the manner of reporting and maintaining certain
  information relating to candidates and election returns.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 67.007(a), (c), and (d), Election Code,
  are amended to read as follows:
         (a)  For each election for a statewide, [or] district,
  county, or precinct office, a statewide measure, or president and
  vice-president of the United States, the county clerk of each
  county in the territory covered by the election shall prepare
  county election returns.
         (c)  The county clerk shall certify [sign] the county returns
  [to certify their accuracy].
         (d)  Not later than 24 hours after completion of the local
  canvass, the county clerk shall deliver to the secretary of state,
  in the manner directed by the secretary, the county returns [in a
  sealed envelope]. [The envelope shall be labeled: "Election
  Returns for __________ (name) County, for __________(election)."]
         SECTION 2.  Sections 67.008(b) and (c), Election Code, are
  amended to read as follows:
         (b)  The returns shall be delivered to the secretary of state
  as provided by Section 67.007. [, except that the envelope shall be
  labeled: "Returns of Election for Governor/Lieutenant Governor,
  __________ (name) County, for __________(election)."]
         (c)  The secretary of state shall retain the returns [in
  their sealed condition] until the first day of the next regular
  legislative session, when the secretary shall deliver the returns
  to the speaker of the house of representatives.
         SECTION 3.  Section 67.009(b), Election Code, is amended to
  read as follows:
         (b)  With the delivery of the official county returns forms,
  the secretary of state shall deliver[:
               [(1)]  written instructions on the preparation and
  delivery of the county election returns[; and
               [(2)     the officially prescribed envelopes for
  delivering the returns to the secretary].
         SECTION 4.  Sections 172.029(b), (c), (d), and (e), Election
  Code, are amended to read as follows:
         (b)  The secretary of state shall continuously maintain an
  online database of information submitted under this section.  The
  database must be accessible by the county and precinct chairs of the
  party that submitted the information.  Any changes in the party's
  county or precinct chairs shall be reported to the secretary of
  state by posting online in the database maintained for this
  purpose. The secretary of state shall adopt rules to implement this
  section, including rules regarding the public availability of
  information submitted under this section.
         (c)  The secretary of state may by rule prescribe a deadline
  by which the state chair and county chair must electronically
  submit information described by Subsection (a) [deliver the chair's
  submission regarding a candidate] to the secretary of state[, and
  each county chair shall deliver a copy of the chair's submission
  regarding a candidate to the county clerk, the state chair, and the
  secretary of state when the chair accepts the application.     The
  secretary of state may by rule prescribe a deadline for the delivery
  of a submission under this subsection].
         (d)  The secretary of state shall be notified by electronic
  submission to the secretary of state's Internet website if a
  candidate withdraws, dies, or is declared ineligible, or if the
  candidate's application is determined not to comply with the
  applicable requirements.  The secretary of state shall adopt rules
  implementing this subsection.
         (e)  The secretary of state shall:
               (1)  make available on the secretary of state's
  Internet website [archive and keep available for inspection] a list
  of all candidates for whom information has been submitted under
  this section and archive the list on the Internet website for
  historical purposes after the election; and
               (2)  prescribe rules for submitting the list
  electronically [and methodology for distribution to each county
  clerk and state chair].
         SECTION 5.  Section 172.055(c), Election Code, is amended to
  read as follows:
         (c)  Not later than 24 hours after the candidate withdraws or
  is declared ineligible or after the authority preparing the notice
  learns of the candidate's death, as applicable, the authority shall
  post the notice on the authority's Internet website, if one is
  maintained. The authority shall additionally deliver a copy of the
  notice to, as applicable:
               (1)  for a candidate for an office filled by voters of a
  single county:
                     (A)  at least one daily newspaper published in the
  county or, if none, at least one weekly newspaper published there,
  if any[, for a notice prepared by the county chair]; and
                     (B)  the county clerk, to be posted on the county
  clerk's Internet website; or
               (2)  for a candidate for an office filled by voters of
  more than one county:
                     (A)  at least three daily newspapers that
  regularly maintain a news representative at the State Capitol[, for
  a notice applicable to a statewide office]; and
                     (B)  the secretary of state, to be posted on the
  secretary of state's Internet website [or
               [(3)     at least one daily newspaper published in each
  county wholly or partly situated in the district or, if none, at
  least one weekly newspaper published there, if any, for a notice
  prepared by the state chair for a district office].
         SECTION 6.  Sections 172.117(a-1) and (a-2), Election Code,
  are amended to read as follows:
         (a-1)  The secretary of state shall develop appropriate
  notations to describe the status of each candidate.  The notations
  shall include:
               (1)  "filed";
               (2)  "accepted";
               (3)  "rejected";
               (4)  "withdrew";
               (5) [(3)]  "lost primary";
               (6) [(4)]  "in runoff";
               (7) [(5)]  "lost runoff";
               (8) [(6)]  "deceased";
               (9) [(7)]  "declared ineligible"; or
               (10) [(8)]  "nominee for general election."
         (a-2)  The county chair shall update the notations after each
  general primary and runoff primary election, unless the secretary
  of state's Internet website automatically updates the notations
  based on election returns.  After any withdrawal or death of a
  candidate, and subsequent replacement of the candidate on the
  ballot, the chair shall notify the state chair, who 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.
         SECTION 7.  Section 181.032, Election Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Not later than the 10th day after the date of the filing
  deadline prescribed by Section 181.033, the authority with whom an
  application is filed shall deliver to the secretary of state a list
  containing:
               (1)  each candidate's name;
               (2)  each candidate's residence address;
               (3)  the office sought by the candidate; [and]
               (4)  the date on which the candidate filed the
  application; and
               (5)  any additional information required by the
  secretary of state.
         (c)  A list delivered under Subsection (b) must be in a
  format prescribed by the secretary of state.
         SECTION 8.  Section 181.068(a), Election Code, is amended to
  read as follows:
         (a)  The presiding officer of each convention held under this
  chapter shall certify, in a format prescribed by the secretary of
  state, [writing] for placement on the general election ballot the
  name and address of each candidate nominated by the convention.
         SECTION 9.  This Act takes effect September 1, 2019.