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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of political parties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.001, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A party official may not deny a person eligible to |
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affiliate with a political party under Section 162.002 the ability |
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to affiliate with the political party. |
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SECTION 2. Section 163.007, Election Code, is amended to |
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read as follows: |
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Sec. 163.007. RULES ENFORCEABLE BY MANDAMUS. A rule on |
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electoral affairs is enforceable by writ of mandamus in the same |
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manner as if the rule were a statute. A rule on electoral affairs |
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that conflicts with state or federal law is void and unenforceable. |
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SECTION 3. Sections 172.0222(b) and (g), Election Code, are |
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amended to read as follows: |
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(b) On the filing of an application for a place on the |
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general primary election ballot, the authority with whom the |
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application is filed shall review the application to determine |
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whether it complies with state or federal law or with the |
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requirements as to form, content, and procedure that it must |
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satisfy for the candidate's name to be placed on the general primary |
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election ballot. |
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(g) If an application does not comply with the [applicable] |
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requirements described by Subsection (b), the authority shall |
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reject the application and immediately deliver to the candidate |
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written notice of the reason for the rejection. |
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SECTION 4. Section 172.082(b), Election Code, is amended to |
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read as follows: |
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(b) The county chair or the county chair's designee shall |
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conduct the drawing [unless the county executive committee provides |
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by resolution that the drawing be conducted by the primary |
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committee]. |
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SECTION 5. Section 172.111(b), Election Code, is amended to |
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read as follows: |
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(b) The county chair [executive committee] shall supervise |
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the overall conduct of a primary election in each county. |
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SECTION 6. Section 173.033, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Notwithstanding any other provision of this chapter: |
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(1) a primary fund may not be used to pay expenses |
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incurred by a political party in connection with a primary election |
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conducted by a political party that has authorized a party official |
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to reject an application for a place on the primary election ballot |
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or declare a candidate ineligible for any reason not specified |
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under the laws of this state or federal law; and |
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(2) any funds disbursed to the primary fund of a |
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political party specified in Subdivision (1) shall be remitted to |
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the secretary of state immediately on request and deposited in the |
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state treasury for the financing of primary elections. |
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SECTION 7. Section 191.008(b), Election Code, is amended to |
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read as follows: |
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(b) The rules may not be inconsistent with national party |
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rules, this subchapter, or [with] rules adopted by the secretary of |
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state under this subchapter. |
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SECTION 8. Sections 172.081 and 172.083, Election Code, are |
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repealed. |
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SECTION 9. This Act takes effect September 1, 2023. |