HB209 - Relating to the separation of federal elections from state and local elections, and to related practices and procedures.

  89R1035 MLH-F     By: Schofield H.B. No. 209       A BILL TO BE ENTITLED   AN ACT   relating to the separation of federal elections from state and   local elections, and to related practices and procedures.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.002(a), Election Code, is amended to   read as follows:          (a)  This code applies to all general, special, federal, and   primary elections held in this state.          SECTION 2.  Section 1.005, Election Code, is amended by   amending Subdivisions (4-b), (7), (14), and (19) and adding   Subdivisions (4-c) and (4-d) to read as follows:                (4-b)   "Federal election" means a primary or general   election for a federal office or a resulting runoff election and   does not include an election held for electors for president and   vice president of the United States.                 (4-c)   "Federal judge" means:                      (A)  a judge, former judge, or retired judge of a   United States court of appeals;                      (B)  a judge, former judge, or retired judge of a   United States district court;                      (C)  a judge, former judge, or retired judge of a   United States bankruptcy court; or                      (D)  a magistrate judge, former magistrate judge,   or retired magistrate judge of a United States district court.                 (4-d)     "Federal office" means the office of United   States senator or United States representative.                (7)  "General election for state and county officers"   means the general election at which officers of the [ federal, ]   state[ , ] and county governments are elected.                (14)  "Primary election" means an election held by a   political party under Chapter 172 to select its nominees for public   office, and, unless the context indicates otherwise, the term   includes :                       (A)   a presidential primary election ; and                       (B)  a primary election for federal officers .                (19)  "Statewide office" means an office of the   [ federal or ] state government that is voted on statewide.          SECTION 3.  Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and   20, Election Code, are designated as Subtitle A, Title 2, Election   Code, and a heading is added to Subtitle A to read as follows:   SUBTITLE A. GENERAL REQUIREMENTS          SECTION 4.  Section 11.002(a), Election Code, is amended to   read as follows:          (a)  In this code, "qualified voter" means a person who:                (1)  is 18 years of age or older;                (2)  is a United States citizen;                (3)  has not been determined by a final judgment of a   court exercising probate jurisdiction to be:                      (A)  totally mentally incapacitated; or                      (B)  partially mentally incapacitated without the   right to vote;                (4)  has not been finally convicted of a felony or, if   so convicted, has:                      (A)  fully discharged the person's sentence,   including any term of incarceration, parole, or supervision, or   completed a period of probation ordered by any court; or                      (B)  been pardoned or otherwise released from the   resulting disability to vote;                (5)  is a resident of this state; and                (6)  is a registered voter under this subtitle .          SECTION 5.  Section 15.003(a), Election Code, is amended to   read as follows:          (a)  On receipt of a voter registration certificate issued   under this subtitle  [ title ], the person to whom the certificate is   issued must personally sign it in the appropriate space.          SECTION 6.  Title 2, Election Code, is amended by adding   Subtitle B to read as follows:   SUBTITLE B. FEDERAL ELECTIONS   CHAPTER 21. GENERAL PROVISIONS           Sec. 21.001.  DEFINITIONS. In this subtitle:                 (1)     "Federal ballot" means a ballot that only lists   elections and candidates for federal office.                 (2)     "State election" means an election that is not a   federal election.           Sec.   21.002.     FEDERAL ELECTIONS SEPARATE. (a)   Notwithstanding other law, a federal election is a separate   election from any other election in this state.           (b)     A federal election under this subtitle may not list on   the federal ballot any proposition or election for state or county   office.           (c)     To the extent feasible, a federal election and a state   election shall be held separately and concurrently using the same   precincts and polling locations.           Sec.   21.003.     RULES. (a) The secretary of state shall adopt   rules to enact this subtitle.           (b)     The rules adopted under this section must reduce voter   disruption and confusion to the greatest extent practicable,   including rules requiring, when practicable, use of the same area   in which voters are being accepted for voting and the same voting   stations for state and federal elections.   CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS           Sec.   22.001.     DEFINITION. In this chapter, "military   service voter" means:                 (1)  a member of the armed forces of the United States;                 (2)     a member of the merchant marine of the United   States;                 (3)  a member of the Texas National Guard;                 (4)     a member of the National Guard of another state   serving on active duty under an order of the president of the United   States;                 (5)     a member of a reserve component of the armed forces   of the United States serving on active duty under an order of the   president of the United States or activated on state orders; or                 (6)     a spouse or dependent of a member of a military   organization listed in Subdivisions (1) through (5).           Sec.   22.002.     ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To   be eligible to vote in a federal election in this state, a person   must:                 (1)     be a qualified voter as defined by Section 11.002   on the day the person offers to vote; or                 (2)     meet all requirements for voter eligibility under   federal law, including any requirements for voter registration,   and:                       (A)     meet all of the requirements to be a   qualified voter under Section 11.002 except the requirement under   Section 11.002(a)(6) that the person be a registered voter under   Subtitle A, and be:                             (i)  a military service voter; or                             (ii)     domiciled in this state but   temporarily living outside the territorial limits of the United   States and the District of Columbia; or                       (B)     be unable to complete the registration   requirements under Subtitle A.           Sec.   22.003.     REGISTRATION FOR FEDERAL ELECTIONS. (a) If   federal law allows a voter to be eligible to register to vote under   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   22.002 may submit an application to register to vote under this   subtitle. The procedure under this section must comply with all   federal laws for voter registration.           (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.           (c)     A person registered to vote under Subsection (b) who   submits an application for registration under Chapter 13 that is   accepted becomes registered to vote under Subtitle A.   CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS           Sec.   23.001.     CREATION OF FEDERAL BALLOT. The authority   preparing a ballot for concurrent federal and state elections shall   prepare a separate federal ballot for voters registered under this   subtitle.           Sec.   23.002.     BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.   (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.           (b)     A voter registered to vote under this subtitle may only   vote a ballot containing candidates for office in federal   elections.           Sec.   23.003.     OTHER CONDUCT. (a) Voting, tabulation, and   reporting procedures for a state election shall be conducted under   the provisions of this code.           (b)     To the extent possible, voting, tabulation, and   reporting procedures for a federal election shall be conducted   under the provisions of this code.           (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.          SECTION 7.  Subchapter A, Chapter 41, Election Code, is   amended by adding Section 41.003 to read as follows:           Sec.   41.003.     GENERAL ELECTION FOR FEDERAL OFFICERS. (a)   The g [Text truncated for display. Full text available on Congress.gov.]