HB1406 - Relating to preferential voting in a primary election.

  89R4262 LRM-D     By: Meza H.B. No. 1406       A BILL TO BE ENTITLED   AN ACT   relating to preferential voting in a primary election.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 18.069, Election Code, is amended to   read as follows:          Sec. 18.069.  VOTING HISTORY.  Not later than the 30th day   after the date of the primary[ , runoff primary, ] or general   election or any special election ordered by the governor, the   general custodian of election records shall electronically submit   to the secretary of state the record of each voter participating in   the election.  The record must include a notation of whether the   voter voted on election day, voted early by personal appearance,   voted early by mail under Chapter 86, or voted early by mail under   Chapter 101.          SECTION 2.  Section 31.093(c), Election Code, is amended to   read as follows:          (c)  On request of the county chair of a political party   holding a primary election in the county, the county election   officer shall contract with the county executive committee of the   party to perform election services, as provided by this subchapter,   in the party's general primary election [ and runoff primary   election ] in accordance with a cost schedule agreed on by the   contracting parties.          SECTION 3.  Section 32.091(c), Election Code, is amended to   read as follows:          (c)  For a primary [ or runoff primary ] election, the minimum   hourly rate is the greater of the maximum rate provided by   Subsection (a) or, if the election officer attended a training   program as provided by Subchapter F, $7.          SECTION 4.  Section 41.001(c), Election Code, is amended to   read as follows:          (c)  Except for an election under Subsection (a) or Section   41.0011 or a runoff election following an election held under   Subsection (a)(2), an election may not be held within 30 days before   or after the date of the general election for state and county   officers or the [ , ] general primary election[ , or runoff primary   election ].          SECTION 5.  Section 43.007(a), Election Code, is amended to   read as follows:          (a)  The secretary of state shall implement a program to   allow each commissioners court participating in the program to   eliminate county election precinct polling places and establish   countywide polling places for:                (1)  any election required to be conducted by the   county;                (2)  any election held as part of a joint election   agreement with a county under Chapter 271;                (3)  any election held under contract for election   services with a county under Subchapter D, Chapter 31;                (4)  each primary election [ and runoff primary   election ] if:                      (A)  the county chair or county executive   committee of each political party participating in a joint primary   election under Section 172.126 agrees to the use of countywide   polling places; or                      (B)  the county chair or county executive   committee of each political party required to nominate candidates   by primary election agrees to use the same countywide polling   places; and                (5)  each election of a political subdivision located   in the county that is held jointly with an election described by   Subdivision (3) or (4).          SECTION 6.  Section 85.001(b), Election Code, is amended to   read as follows:          (b)  For a special runoff election for the office of state   senator or state representative [ or for a runoff primary election ],   the period begins on the 10th day before election day.          SECTION 7.  Section 85.062(b), Election Code, is amended to   read as follows:          (b)  A polling place established under this section may be   located, subject to Subsection (d), at any place in the territory   served by the early voting clerk and may be located inside any   building as directed by the authority establishing the branch   office. The polling place may not be located in a movable structure   in the general election for state and county officers or the [ , ]   general primary election[ , or runoff primary election ]. Ropes or   other suitable objects may be used at the polling place to ensure   compliance with Section 62.004. Persons who are not expressly   permitted by law to be in a polling place shall be excluded from the   polling place to the extent practicable.          SECTION 8.  Section 85.072(g), Election Code, is amended to   read as follows:          (g)  The early voting clerk shall compile the registers and   electronically submit to the secretary of state a record of each   voter participating in a primary, [ a runoff primary, ] a general   election, or any special election ordered by the governor not later   than the day the voter votes in person or the early voting clerk   receives a ballot voted by mail.          SECTION 9.  Sections 123.033(d) and (e), Election Code, are   amended to read as follows:          (d)  A county is not required to provide a political party's   county executive committee with equipment for use in an election   precinct in which fewer than 100 votes were cast in the political   party's most recent general [ or runoff ] primary.          (e)  The maximum amount that may be charged for leasing   equipment to a county executive committee for a general [ or runoff ]   primary is:                (1)  $5 for each unit of electronic voting system   equipment installed at a polling place; and                (2)  $5 for each unit of other equipment not specified   by this subsection.          SECTION 10.  Section 142.006(a), Election Code, is amended   to read as follows:          (a)  An application for a place on the ballot must be filed   not later than 5 p.m. of the 30th day after [ runoff ] primary   election day, except as provided by Section 202.007.          SECTION 11.  Section 142.008, Election Code, is amended to   read as follows:          Sec. 142.008.  STATEMENT ON PETITION. The following   statement must appear at the top of each page of a candidate's   petition: "I know the purpose of this petition. I have not voted in   the general primary election [ or runoff primary election ] of any   political party that has nominated [ , at either election, ] a   candidate for the office of (insert office title) for which (insert   candidate's name) is a candidate."          SECTION 12.  Section 142.009, Election Code, is amended to   read as follows:          Sec. 142.009.  PETITION TO BE CIRCULATED AFTER PRIMARY. A   signature on a candidate's petition is invalid if the signer:                (1)  signed the petition on or before general primary   election day [ or, if a runoff primary is held for the office sought   by the candidate, on or before runoff primary election day ]; or                (2)  voted in the general [ or runoff ] primary election   of a political party that made a nomination [ , at either primary, ]   for the office sought by the candidate.          SECTION 13.  Section 162.004(c), Election Code, is amended   to read as follows:          (c)  Subject to Subsection (a-1), if a voter is accepted to   vote without presenting a registration certificate, the presiding   judge shall issue the voter an affiliation certificate.  [ The   certificate is not required to be issued to a voter in a runoff   primary unless the voter requests it. ]  The affiliation certificate   may be combined with the notice provided under Section 172.1114.  If   the combined form is used, an election officer is not required to   comply with Subsection (b).          SECTION 14.  Section 162.005, Election Code, is amended to   read as follows:          Sec. 162.005.  AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.   Subject to Section 162.004(a-1), the early voting clerk in a   general primary election shall provide an affiliation certificate   with each early voting or limited ballot to be voted by mail. [ The   certificate is not required to be provided to an applicant for a   runoff primary ballot unless the applicant requests it. ]          SECTION 15.  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 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 16.  Sections 171.022(a), (b), and (c), Election   Code, are amended to read as follows:          (a)  A county executive committee consists of:                (1)  a county chair, who is the presiding officer,   elected at the general primary election [ by majority vote of the   qualified voters of the county who vote in the primary on that   office ] or appointed by the county executive committee as provided   by this subchapter; and                (2)  a precinct chair from each county election   precinct, elected at the general primary [ by majority vote of the   qualified voters of the precinct who vote in the primary on that   office ], subject to Section 171.0221, or appointed by the county   executive committee as provided by this subchapter.          (b)  Except as provided by Subsection (d), if no candidate   receives a majority of the votes, a preferential voting system is   used [ runoff ] to determine the office [ is conducted ] in the same   manner as a preferential voting system is used [ runoff primary   election ] to determine a nomination for public office under Section   172.004 . [ The candidates to be in a runoff are determined in the   same manner as candidates in a runoff for a nomination. ]          (c)  Each committee member serves for a term of two years   beginning the 20th day after [ runoff ] primary election day.          SECTION 17.  Section 172.004, Election Code, is amended to   read as follows:          Sec. 172.004.   PREFERENTIAL VOTING IN [ RUNOFF ] PRIMARY   ELECTION . (a) If no candidate for nomination to a particular   office receives the vote required for nomination in the general   primary election, the votes of the candidate receiving the fewest   number of votes are reassigned to the candidate ranking next   highest in the preference of a voter [ a runoff primary election   shall be held to determine the nomination ].           [Text truncated for display. Full text available on Congress.gov.]