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A BILL TO BE ENTITLED
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AN ACT
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relating to the separation of federal elections from state and |
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local elections, and to related practices and procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.002(a), Election Code, is amended to |
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read as follows: |
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(a) This code applies to all general, special, federal, and |
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primary elections held in this state. |
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SECTION 2. Section 1.005, Election Code, is amended by |
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amending Subdivisions (4-b), (7), (14), and (19) and adding |
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Subdivisions (4-c) and (4-d) to read as follows: |
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(4-b) "Federal election" means a primary or general |
|
election for a federal office or a resulting runoff election and |
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does not include an election held for electors for president and |
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vice president of the United States. |
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(4-c) "Federal judge" means: |
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(A) a judge, former judge, or retired judge of a |
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United States court of appeals; |
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(B) a judge, former judge, or retired judge of a |
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United States district court; |
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(C) a judge, former judge, or retired judge of a |
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United States bankruptcy court; or |
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(D) a magistrate judge, former magistrate judge, |
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or retired magistrate judge of a United States district court. |
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(4-d) "Federal office" means the office of United |
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States senator or United States representative. |
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(7) "General election for state and county officers" |
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means the general election at which officers of the [federal,] |
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state[,] and county governments are elected. |
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(14) "Primary election" means an election held by a |
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political party under Chapter 172 to select its nominees for public |
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office, and, unless the context indicates otherwise, the term |
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includes: |
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(1) a presidential primary election; and |
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(2) a primary election for federal officers. |
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(19) "Statewide office" means an office of the |
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[federal or] state government that is voted on statewide. |
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SECTION 3. Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and |
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20, Election Code, are designated as Subtitle A, Title 2, Election |
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Code, and a heading is added to Subtitle A to read as follows: |
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SUBTITLE A. GENERAL REQUIREMENTS |
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SECTION 4. Section 11.002(a), Election Code, is amended to |
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read as follows: |
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(a) In this code, "qualified voter" means a person who: |
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(1) is 18 years of age or older; |
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(2) is a United States citizen; |
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(3) has not been determined by a final judgment of a |
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court exercising probate jurisdiction to be: |
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(A) totally mentally incapacitated; or |
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(B) partially mentally incapacitated without the |
|
right to vote; |
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(4) has not been finally convicted of a felony or, if |
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so convicted, has: |
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(A) fully discharged the person's sentence, |
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including any term of incarceration, parole, or supervision, or |
|
completed a period of probation ordered by any court; or |
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(B) been pardoned or otherwise released from the |
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resulting disability to vote; |
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(5) is a resident of this state; and |
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(6) is a registered voter under this subtitle. |
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SECTION 5. Section 15.003(a), Election Code, is amended to |
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read as follows: |
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(a) On receipt of a voter registration certificate issued |
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under this subtitle [title], the person to whom the certificate is |
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issued must personally sign it in the appropriate space. |
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SECTION 6. Title 2, Election Code, is amended by adding |
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Subtitle B to read as follows: |
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SUBTITLE B. FEDERAL ELECTIONS |
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CHAPTER 21. GENERAL PROVISIONS |
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Sec. 21.001. DEFINITIONS. In this subtitle: |
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(1) "Federal ballot" means a ballot that only lists |
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elections and candidates for federal office. |
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(2) "State election" means an election that is not a |
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federal election. |
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Sec. 21.002. FEDERAL ELECTIONS SEPARATE. (a) |
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Notwithstanding other law, a federal election is a separate |
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election from any other election in this state. |
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(b) A federal election under this subtitle may not list on |
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the federal ballot any proposition or election for state or county |
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office. |
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(c) To the extent feasible, a federal election and a state |
|
election shall be held separately and concurrently using the same |
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precincts and polling locations. |
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Sec. 21.003. RULES. (a) The secretary of state shall adopt |
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rules to enact this subtitle. |
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(b) The rules adopted under this section must reduce voter |
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disruption and confusion to the greatest extent practicable, |
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including rules requiring, when practicable, use of the same area |
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in which voters are being accepted for voting and the same voting |
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stations for state and federal elections. |
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CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS |
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Sec. 22.001. DEFINITION. In this chapter, "military |
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service voter" means: |
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(1) a member of the armed forces of the United States; |
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(2) a member of the merchant marine of the United |
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States; |
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(3) a member of the Texas National Guard; |
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(4) a member of the National Guard of another state |
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serving on active duty under an order of the president of the United |
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States; |
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(5) a member of a reserve component of the armed forces |
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of the United States serving on active duty under an order of the |
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president of the United States or activated on state orders; or |
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(6) a spouse or dependent of a member of a military |
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organization listed in Subdivisions (1) through (5). |
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Sec. 22.002. ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To |
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be eligible to vote in a federal election in this state, a person |
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must: |
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(1) be a qualified voter as defined by Section 11.002 |
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on the day the person offers to vote; or |
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(2) meet all requirements for voter eligibility under |
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federal law, including any requirements for voter registration, |
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and: |
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(A) meet all of the requirements to be a |
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qualified voter under Section 11.002 except the requirement under |
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Section 11.002(a)(6) that the person be a registered voter under |
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Subtitle A, and be: |
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(i) a military service voter; or |
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(ii) domiciled in this state but |
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temporarily living outside the territorial limits of the United |
|
States and the District of Columbia; or |
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(B) be unable to complete the registration |
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requirements under Subtitle A. |
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Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) If |
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federal law allows a voter to be eligible to register to vote under |
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this subtitle when the same voter would be ineligible to register to |
|
vote under Subtitle A, the secretary of state shall create and |
|
maintain a procedure by which a person eligible under Section |
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22.002 may submit an application to register to vote under this |
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subtitle. The procedure under this section must comply with all |
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federal laws for voter registration. |
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(b) A person who submits an application for registration |
|
under Chapter 13 that does not comply with all requirements under |
|
Subtitle A but does comply with all requirements under federal law |
|
shall be registered to vote under this subtitle. |
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(c) A person registered to vote under Subsection (b) who |
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submits an application for registration under Chapter 13 that is |
|
accepted becomes registered to vote under Subtitle A. |
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CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS |
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Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority |
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preparing a ballot for concurrent federal and state elections shall |
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prepare a separate federal ballot for voters registered under this |
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subtitle. |
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Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION. |
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(a) A voter registered to vote under Subtitle A may vote: |
|
(1) a full ballot containing propositions and |
|
candidates for office in state elections; and |
|
(2) a ballot containing candidates for office in |
|
federal elections. |
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(b) A voter registered to vote under this subtitle may only |
|
vote a ballot containing candidates for office in federal |
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elections. |
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Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and |
|
reporting procedures for a state election shall be conducted under |
|
the provisions of this code. |
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(b) To the extent possible, voting, tabulation, and |
|
reporting procedures for a federal election shall be conducted |
|
under the provisions of this code. |
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(c) To the extent that federal law conflicts with a |
|
provision of this code regarding voting, tabulation, and reporting |
|
procedures for a federal election, those procedures shall be |
|
conducted under the provisions of the applicable federal law. |
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SECTION 7. Subchapter A, Chapter 41, Election Code, is |
|
amended by adding Section 41.003 to read as follows: |
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Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a) |
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The general election for federal officers shall be held on the first |
|
Tuesday after the first Monday in November in even-numbered years. |
|
(b) To the extent feasible, the general election for federal |
|
officers shall be held concurrently with the general election for |
|
state and county officers. |
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SECTION 8. The heading to Section 41.007, Election Code, is |
|
amended to read as follows: |
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Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY |
|
OFFICERS. |
|
SECTION 9. Sections 41.007(a) and (d), Election Code, are |
|
amended to read as follows: |
|
(a) The general primary election date for state and county |
|
officers is the first Tuesday in March in each even-numbered year. |
|
(d) No [other] election other than a primary election for |
|
federal officers may be held on the date of a primary election. |
|
SECTION 10. Subchapter A, Chapter 41, Election Code, is |
|
amended by adding Section 41.0075 to read as follows: |
|
Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a) |
|
The primary election date for federal officers is the first Tuesday |
|
in March in each even-numbered year. |
|
(b) The runoff primary election date for federal officers is |
|
the fourth Tuesday in May following the primary election for |
|
federal officers. |
|
(c) To the extent feasible, the primary election for federal |
|
officers shall be held concurrently with the primary election for |
|
state and county officers. |
|
SECTION 11. Section 42.002(a), Election Code, is amended to |
|
read as follows: |
|
(a) The county election precincts are the election |
|
precincts for the following elections: |
|
(1) the general election for state and county |
|
officers; |
|
(2) a special election ordered by the governor; |
|
(3) a primary election; |
|
(4) a countywide election ordered by the commissioners |
|
court, county judge, or other county authority, except an election |
|
subject to Section 42.062(2); [and] |
|
(5) a federal election; and |
|
(6) as provided by Section 42.0621, any other election |
|
held by a political subdivision on a uniform election date. |
|
SECTION 12. Section 67.010(a), Election Code, is amended to |
|
read as follows: |
|
(a) The county election returns for an election for a |
|
statewide office other than governor or lieutenant governor, a |
|
statewide measure, a district office, a federal office, or |
|
president and vice-president of the United States shall be |
|
canvassed by the governor. |
|
SECTION 13. Section 84.014, Election Code, is amended to |
|
read as follows: |
|
Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN |
|
APPLICATIONS. If an applicant provides a date of birth, driver's |
|
license number, or social security number on the applicant's |
|
application for an early voting ballot to be voted by mail that is |
|
different from or in addition to the information maintained by the |
|
voter registrar in accordance with Subtitle A, Title 2, the early |
|
voting clerk shall notify the voter registrar. The voter registrar |
|
shall update the voter's record with the information provided by |
|
the applicant. |
|
SECTION 14. Section 101.052, Election Code, is amended by |
|
amending Subsections (e), (f), and (j) and adding Subsection (n) to |
|
read as follows: |
|
(e) An applicant who otherwise complies with applicable |
|
requirements is entitled to receive a full ballot to be voted by |
|
mail under this chapter if: |
|
(1) the applicant submits a federal postcard |
|
application to the early voting clerk on or before the 20th day |
|
before election day; and |
|
(2) the application contains the information that is |
|
required for registration under Subtitle A, Title 2. |
|
(f) The applicant is entitled to receive only a federal |
|
ballot to be voted by mail under Chapter 114 if: |
|
(1) the applicant submits the federal postcard |
|
application to the early voting clerk after the date provided by |
|
Subsection (e)(1) and before the deadline for submitting a regular |
|
application for a ballot to be voted by mail; and |
|
(2) the application contains the information that is |
|
required for registration under Subtitle A, Title 2. |
|
(j) If the early voting clerk determines that an application |
|
that is submitted before the time prescribed by Subsection (e)(1) |
|
does not contain the information that is required for registration |
|
under Subtitle A, Title 2, the clerk shall notify the applicant of |
|
that fact. If the applicant has provided a telephone number or an |
|
address for receiving mail over the Internet, the clerk shall |
|
notify the applicant by that medium. |
|
(n) A federal postcard application that does not meet the |
|
requirements of Subtitle A, Title 2, may still constitute |
|
registration for federal elections if the federal postcard |
|
application meets the requirements of Subtitle B, Title 2. |
|
SECTION 15. Section 101.053(b), Election Code, is amended |
|
to read as follows: |
|
(b) If an applicant provides a date of birth, driver's |
|
license number, or social security number on the applicant's |
|
federal postcard application that is different from or in addition |
|
to the information maintained by the voter registrar in accordance |
|
with Subtitle A, Title 2, the early voting clerk shall notify the |
|
voter registrar. The voter registrar shall update the voter's |
|
record with the information provided by the applicant. |
|
SECTION 16. Section 101.055, Election Code, is amended by |
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
|
(a) The submission of a federal postcard application that |
|
complies with the [applicable] requirements of Subtitle A, Title 2, |
|
by an unregistered applicant constitutes registration by the |
|
applicant: |
|
(1) for the purpose of voting in the election for state |
|
and county officers for which a ballot is requested; and |
|
(2) under Subtitle A, Title 2, if the federal postcard |
|
application complies with the requirements under that subtitle, |
|
unless the person indicates on the application that the person is |
|
residing outside the United States indefinitely. |
|
(a-1) The submission of a federal postcard application that |
|
complies with the requirements of Subtitle B, Title 2, by an |
|
unregistered applicant constitutes registration by the applicant: |
|
(1) for the purpose of voting in the election for |
|
federal officers for which a ballot is requested; and |
|
(2) under Subtitle B, Title 2, if the federal postcard |
|
application complies with the requirements under that subtitle, |
|
unless the person indicates on the application that the person is |
|
residing outside the United States indefinitely. |
|
SECTION 17. Section 142.005, Election Code, is amended to |
|
read as follows: |
|
Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An |
|
application for a place on the ballot must be filed with: |
|
(1) the secretary of state, for a federal, statewide, |
|
or district office; or |
|
(2) the county judge, for a county or precinct office. |
|
SECTION 18. Section 145.033, Election Code, is amended to |
|
read as follows: |
|
Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. |
|
A candidate must file a withdrawal request with: |
|
(1) the secretary of state, for a federal, statewide, |
|
or district office; or |
|
(2) the authority responsible for having the official |
|
ballot prepared, for a county or precinct office. |
|
SECTION 19. Section 145.037(d), Election Code, is amended |
|
to read as follows: |
|
(d) The chair must deliver the certification to: |
|
(1) the secretary of state, for a federal, statewide, |
|
or district office; or |
|
(2) the authority responsible for having the official |
|
ballot prepared, for a county or precinct office. |
|
SECTION 20. Section 146.024, Election Code, is amended to |
|
read as follows: |
|
Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A |
|
declaration of write-in candidacy must be filed with: |
|
(1) the secretary of state, for a federal, statewide, |
|
or district office; or |
|
(2) the county judge, for a county or precinct office. |
|
SECTION 21. The heading to Section 161.008, Election Code, |
|
is amended to read as follows: |
|
Sec. 161.008. CERTIFICATION OF NOMINEES FOR FEDERAL, |
|
STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION |
|
BALLOT. |
|
SECTION 22. Section 161.008(a), Election Code, is amended |
|
to read as follows: |
|
(a) Except as provided by Subsection (c), the secretary of |
|
state shall certify in writing for placement on the general |
|
election ballot the name of each candidate nominated at a primary |
|
election or convention of a political party for a federal, |
|
statewide, or district office. |
|
SECTION 23. Section 163.006(d), Election Code, is amended |
|
to read as follows: |
|
(d) Before January 15 of each year in which political |
|
parties hold precinct conventions under this title, the secretary |
|
of state shall deliver written notice of the requirements of this |
|
section to the state chair of each party that had a nominee for a |
|
federal, statewide, or district office on the most recent general |
|
election ballot. |
|
SECTION 24. Section 172.059(b), Election Code, is amended |
|
to read as follows: |
|
(b) A withdrawal request for the runoff primary must be |
|
filed with the state chair, for a federal, statewide, or district |
|
office, or with the county chair, for a county or precinct office. |
|
SECTION 25. The heading to Section 172.121, Election Code, |
|
is amended to read as follows: |
|
Sec. 172.121. CERTIFICATION OF CANDIDATES FOR FEDERAL, |
|
STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT. |
|
SECTION 26. Section 172.121(a), Election Code, is amended |
|
to read as follows: |
|
(a) The state chair shall certify on the secretary of |
|
state's website for placement on the runoff primary election ballot |
|
the name of each general primary candidate for a federal, |
|
statewide, or district office who is to be a candidate in the |
|
runoff. |
|
SECTION 27. The heading to Section 172.122, Election Code, |
|
is amended to read as follows: |
|
Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN |
|
APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL |
|
REQUIREMENTS FOR FEDERAL, STATEWIDE, AND DISTRICT OFFICES TO |
|
SECRETARY OF STATE. |
|
SECTION 28. Section 172.122(a), Election Code, is amended |
|
to read as follows: |
|
(a) The state chair shall certify by posting on the |
|
secretary of state's website the name and address of each primary |
|
candidate who is nominated for a federal, statewide, or district |
|
office. The state chair shall execute and file digitally with the |
|
secretary of state an affidavit certifying that the returns posted |
|
on the secretary of state's website are the correct and complete |
|
returns. The secretary of state shall adopt by rule a process to |
|
allow the chair to submit the affidavit digitally. |
|
SECTION 29. Section 173.063, Election Code, is amended to |
|
read as follows: |
|
Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair |
|
shall deposit in the state primary fund each filing fee |
|
accompanying an application for a place on the ballot filed with the |
|
state chair: |
|
(1) for a federal office; |
|
(1-a) for a statewide office; or |
|
(2) for a district office if the application is filed |
|
after the regular filing deadline. |
|
SECTION 30. Section 181.0311(a), Election Code, is amended |
|
to read as follows: |
|
(a) In addition to any other requirements, to be considered |
|
for nomination by convention, a candidate must: |
|
(1) pay a filing fee to the secretary of state for a |
|
federal, statewide, or district office or the county judge for a |
|
county or precinct office; or |
|
(2) submit to the secretary of state for a federal, |
|
statewide, or district office or the county judge for a county or |
|
precinct office a petition in lieu of a filing fee that satisfies |
|
the requirements prescribed by Subsection (e) and Section 141.062. |
|
SECTION 31. Section 181.032(a), Election Code, is amended |
|
to read as follows: |
|
(a) An application for nomination by a convention must be |
|
filed with: |
|
(1) the state chair, for a federal, statewide, or |
|
district office; or |
|
(2) the county chair, for a county or precinct office. |
|
SECTION 32. Section 181.068(b), Election Code, is amended |
|
to read as follows: |
|
(b) Not later than the 20th day after the date of the |
|
convention making the nomination, the presiding officer shall |
|
deliver the certification to: |
|
(1) the authority responsible for having the official |
|
general election ballot prepared in the county, for certification |
|
of a county or precinct office; or |
|
(2) the secretary of state, for certification of a |
|
federal, statewide, or district office. |
|
SECTION 33. Sections 231.008(b) and (c), Election Code, are |
|
amended to read as follows: |
|
(b) If the judgment in a contest for an office affects the |
|
preparation of the ballot for a succeeding election, the clerk |
|
shall deliver a copy to the authority responsible for having the |
|
official ballot prepared or, in the case of a federal, statewide, or |
|
district office, to the authority responsible for certifying the |
|
names of the candidates for placement on the ballot. |
|
(c) If the judgment orders that a new general or special |
|
election be held, the clerk shall deliver a copy to the authority |
|
responsible for ordering the election. If the judgment orders a new |
|
primary election, the clerk shall deliver a copy to the state chair |
|
of the appropriate political party, in the case of a federal, |
|
statewide, or district office, or to the county chair, in the case |
|
of a county or precinct office. |
|
SECTION 34. Section 232.013(d), Election Code, is amended |
|
to read as follows: |
|
(d) If the contested election is a primary, the district |
|
clerk shall deliver a certified copy of the order setting the date |
|
of the runoff to the state chair of the political party in the case |
|
of a federal, statewide, or district office or to the county chair |
|
in the case of a county or precinct office. |
|
SECTION 35. Section 232.048(c), Election Code, is amended |
|
to read as follows: |
|
(c) The candidate receiving the most votes in a new election |
|
ordered by a court in a primary election contest is the political |
|
party's nominee, regardless of whether the candidate receives a |
|
majority vote, if the date of the final canvass of the court-ordered |
|
primary is on or after: |
|
(1) the 85th day before the date of the succeeding |
|
general election in the case of a federal, statewide, or district |
|
office; or |
|
(2) the 75th day before the date of the succeeding |
|
general election in the case of a county or precinct office. |
|
SECTION 36. Section 252.005, Election Code, is amended to |
|
read as follows: |
|
Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: |
|
CANDIDATE. An individual must file a campaign treasurer appointment |
|
for the individual's own candidacy with: |
|
(1) the commission, if the appointment is made for |
|
candidacy for: |
|
(A) a federal office; |
|
(A-1) a statewide office; |
|
(B) a district office filled by voters of more |
|
than one county; |
|
(C) a judicial district office filled by voters |
|
of only one county; |
|
(D) state senator; |
|
(E) state representative; or |
|
(F) the State Board of Education; |
|
(2) the county clerk, if the appointment is made for |
|
candidacy for a county office, a precinct office, or a district |
|
office other than one included in Subdivision (1); |
|
(3) the clerk or secretary of the governing body of the |
|
political subdivision or, if the political subdivision has no clerk |
|
or secretary, with the governing body's presiding officer, if the |
|
appointment is made for candidacy for an office of a political |
|
subdivision other than a county; |
|
(4) the county clerk if: |
|
(A) the appointment is made for candidacy for an |
|
office of a political subdivision other than a county; |
|
(B) the governing body for the political |
|
subdivision has not been formed; and |
|
(C) no boundary of the political subdivision |
|
crosses a boundary of the county; or |
|
(5) the commission if: |
|
(A) the appointment is made for candidacy for an |
|
office of a political subdivision other than a county; |
|
(B) the governing body for the political |
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subdivision has not been formed; and |
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(C) the political subdivision is situated in more |
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than one county. |
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SECTION 37. This Act takes effect January 1, 2024. |