| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the operation of political parties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 162.001, Election Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) A party official may not deny a person eligible to |
|
|
affiliate with a political party under Section 162.002 the ability |
|
|
to affiliate with the political party. |
|
|
SECTION 2. Chapter 163, Election Code, is amended by adding |
|
|
Section 163.0015 to read as follows: |
|
|
Sec. 163.0015. RULES FOR PUBLIC OFFICES OTHER THAN |
|
|
PRESIDENT OR VICE PRESIDENT. Notwithstanding any other provision |
|
|
of this title, a political party may only adopt a rule governing or |
|
|
affecting presidential or vice-presidential nominees. The |
|
|
secretary of state shall adopt any rule governing or affecting |
|
|
general or runoff primary elections or nominees for all other |
|
|
public offices. |
|
|
SECTION 3. Section 163.004(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) A political party's rules, including amendments to |
|
|
rules, governing or affecting its [general or runoff primary |
|
|
elections,] conventions held under this code[,] or presidential or |
|
|
vice-presidential nominees may be adopted only by: |
|
|
(1) a state convention; or |
|
|
(2) the state executive committee as: |
|
|
(A) a temporary rule, if adoption before the next |
|
|
state convention is necessary; or |
|
|
(B) a permanent rule, if the state executive |
|
|
committee is expressly required or authorized by statute to adopt a |
|
|
rule. |
|
|
SECTION 4. Sections 172.0222(g) and (h), Election Code, are |
|
|
amended to read as follows: |
|
|
(g) If an application does not comply with the applicable |
|
|
requirements, the authority shall reject the application and |
|
|
immediately deliver to the candidate written notice of the reason |
|
|
for the rejection. The authority may not reject an application for |
|
|
any reason not specified under this code. |
|
|
(h) This section does not apply to a determination of a |
|
|
candidate's eligibility. A candidate in a general or runoff primary |
|
|
election may not be declared ineligible for any reason not |
|
|
specified under this code. |
|
|
SECTION 5. Section 172.053, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 172.053. ADMINISTRATIVE DECLARATION OF INELIGIBILITY |
|
|
AFTER POLLS CLOSE. Except for a judicial action in which a |
|
|
candidate's eligibility is in issue, after the polls close on |
|
|
primary election day and before the final canvass for the office |
|
|
sought by the candidate is completed, a candidate for nomination |
|
|
may be declared ineligible only by the presiding officer of the |
|
|
primary's final canvassing authority for that office. A candidate |
|
|
in a general or runoff primary election may not be declared |
|
|
ineligible for any reason not specified under this code. |
|
|
SECTION 6. Section 172.082(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) The county chair or the county chair's designee shall |
|
|
conduct the drawing [unless the county executive committee provides |
|
|
by resolution that the drawing be conducted by the primary |
|
|
committee]. |
|
|
SECTION 7. Section 172.111(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) The county chair [executive committee] shall supervise |
|
|
the overall conduct of a primary election in each county. |
|
|
SECTION 8. Section 191.008(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) The rules may not be inconsistent with national party |
|
|
rules, this subchapter, or with rules adopted by the secretary of |
|
|
state under this subchapter. |
|
|
SECTION 9. Sections 172.081 and 172.083, Election Code, are |
|
|
repealed. |
|
|
SECTION 10. This Act takes effect September 1, 2023. |