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A BILL TO BE ENTITLED
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AN ACT
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relating to dates of certain elections to be held in 2022. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 41, Election Code, is |
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amended by adding Section 41.0075 to read as follows: |
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Sec. 41.0075. PRIMARY ELECTION: TEMPORARY PROVISION. (a) |
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This section supersedes any conflicting statute with respect to a |
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primary election to be held in 2022. |
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(b) For the purposes of this section, a redistricting plan |
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"becomes law" on the earlier of: |
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(1) the date the governor signs an Act of the 87th |
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Legislature relating to the composition of the State Board of |
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Education, state legislative, or federal congressional districts; |
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or |
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(2) the date on which the time for gubernatorial |
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action on an Act of the 87th Legislature relating to the composition |
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of the State Board of Education, state legislative, or federal |
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congressional districts expires under Section 14, Article IV, Texas |
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Constitution. |
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(c) If a redistricting plan adopted following the 2020 |
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federal census by the legislature under Section 28, Article III, |
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Texas Constitution, that includes a State Board of Education, state |
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legislative, or federal congressional district becomes law: |
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(1) on or before November 22, 2021, the following |
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dates related to the primary election for the election of officers |
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for the district shall apply: |
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(A) an application for a place on the general |
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primary election ballot must be filed not earlier than November 29, |
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2021, and not later than 6 p.m. on December 13, 2021; |
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(B) the general primary election date is March 1, |
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2022; and |
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(C) the runoff primary election date is May 24, |
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2022; |
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(2) after November 22, 2021, and on or before January |
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3, 2022, the following dates related to the primary election for the |
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election of officers for the district shall apply: |
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(A) an application for a place on the general |
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primary election ballot must be filed not earlier than January 10, |
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2022, and not later than 6 p.m. on January 24, 2022; |
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(B) the general primary election date is April 5, |
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2022; and |
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(C) the runoff primary election date is June 21, |
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2022; and |
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(3) after January 3, 2022, and on or before February |
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14, 2022, the following dates related to the primary election for |
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the election of officers for the district shall apply: |
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(A) an application for a place on the general |
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primary election ballot must be filed not earlier than February 21, |
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2022, and not later than 6 p.m. on March 7, 2022; |
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(B) the general primary election date is May 24, |
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2022; and |
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(C) the runoff primary election date is July 26, |
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2022. |
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(d) If a plan for a State Board of Education, state |
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legislative, or federal congressional district becomes law on dates |
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included under more than one subdivision of Subsection (c), the |
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date provided for the filing period applicable to the effective |
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date of each plan applies, but the latest date provided for the date |
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of the general and runoff primary elections of all of the |
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subdivisions applicable to the effective date of a plan shall |
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apply. The county chair shall conduct the drawing to determine the |
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order of the candidates' names on the general primary election |
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ballot in accordance with Section 172.082(c) after the date of the |
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latest applicable filing deadline. |
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(e) If a redistricting plan to which this section applies |
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has not become law on or before February 14, 2022, the general and |
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runoff primary elections for the election of officers for each |
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district for which a plan has become law shall be held on the dates |
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provided by Subsection (c)(3). The secretary of state shall set the |
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dates of the filing period and the general and runoff primary |
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elections for the election of officers of any district for which a |
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plan has not become law on or before February 14, 2022. In setting |
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dates under this section, the secretary of state shall ensure the |
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efficient and orderly administration of elections and shall, to the |
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extent practicable, set dates in a manner that allows the same |
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interval of time in relation to the date of the election as would be |
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provided by the application of other law. |
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(f) A date set for the general primary election under |
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Subsection (c) or (d) shall be the date of any general or primary |
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election held under this code. If Subsection (e) applies, any |
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general or primary election held under this code and for which the |
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date will not be set by the secretary of state under Subsection (e) |
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shall be held in accordance with Subsection (c)(3). |
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(g) Except as provided by this section, the secretary of |
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state shall adjust the schedule for canvassing election returns, |
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declaring results, or performing any other official act relating to |
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an election held on a date under this section as necessary for the |
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efficient and orderly administration of the election. To the |
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extent practicable, the secretary of state shall adjust schedules |
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under this subsection in a manner that allows the same interval of |
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time in relation to the date of the election as would be provided by |
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the application of other law. |
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(h) This section expires January 1, 2023. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |