HB4453 - Relating to nonpartisan primary elections; authorizing a fee.

  89R15719 MLH-D     By: Bhojani H.B. No. 4453       A BILL TO BE ENTITLED   AN ACT   relating to nonpartisan primary elections; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 1.005(6) and (14), Election Code, are   amended to read as follows:                (6)  "General election" means an election, other than a   primary election held by a political party under Chapter 172 or a   presidential primary election , that regularly recurs at fixed   dates.                (14)  "Primary election" means , where the context   indicates, a general [ an ] election held [ by a political party under   Chapter 172 ] to select candidates [ its nominees ] for public office,   and, unless the context indicates otherwise, the term includes an   election held by a political party under Chapter 172 to select party   officers and a presidential primary election.          SECTION 2.  Section 13.122(a), Election Code, is amended to   read as follows:          (a)  In addition to the other statements and spaces for   entering information that appear on an officially prescribed   registration application form, each official form must include:                (1)  the statement:  "I understand that giving false   information to procure a voter registration is perjury and a crime   under state and federal law.";                (2)  a space for the applicant's registration number;                (3)  a space for the applicant's Texas driver's license   number or number of a personal identification card issued by the   Department of Public Safety;                (4)  a space for the applicant's telephone number;                (5)  a space for the applicant's social security   number;                (6)  a space for the applicant's sex;                (7)  a statement indicating that the furnishing of the   applicant's telephone number and sex is optional;                (8)  a space or box for indicating whether the   applicant or voter is submitting new registration information or a   change in current registration information;                (9)  a statement instructing a voter who is using the   form to make a change in current registration information to enter   the voter's name and the changed information in the appropriate   spaces on the form;                (10)  a statement that if the applicant declines to   register to vote, that fact will remain confidential and will be   used only for voter registration purposes;                (11)  a statement that if the applicant does register   to vote, information regarding the agency or office to which the   application is submitted will remain confidential and will be used   only for voter registration purposes;                (12)  a space or box for indicating whether the   applicant is interested in working as an election judge;                (13)  a statement warning that a conviction for making   a false statement may result in imprisonment for up to the maximum   amount of time provided by law, a fine of up to the maximum amount   provided by law, or both the imprisonment and the fine;                 (14)     a space or box for indicating the applicant's   party affiliation or alignment, if any; and                 (15)  [ (14) ]  any other voter registration information   required by federal law or considered appropriate and required by   the secretary of state.          SECTION 3.  Section 31.032(a), Election Code, is amended to   read as follows:          (a)  The position of county elections administrator is   filled by appointment of the county election commission, which   consists of:                (1)  the county judge, as chair;                (2)  the county clerk, as vice chair;                (3)  the county tax assessor-collector, as secretary;   and                (4)  the county chair of each political party that   holds a [ made nominations by ] primary election in the year [ for the   last general election for state and county officers ] preceding the   date of the meeting at which the appointment is made.          SECTION 4.  Section 31.124(b), Election Code, is amended to   read as follows:          (b)  A county election officer of each county shall deliver   written notice of the time and place of the meeting required by   Subsection (a) not later than 72 hours before the meeting date to   the county chair of each political party that made nominations in   the most recent presidential [ by ] primary election [ for the general   election for state and county officers ] preceding the date of the   meeting.          SECTION 5.  Section 31.153(a), Election Code, is amended to   read as follows:          (a)  The joint elections commission consists of:                (1)  from each county that has adopted an order to have   its elections conducted by the joint elections administrator, the   county judge, county clerk, and county tax assessor-collector;                (2)  from each county described in Subdivision (1), the   county chair of each political party that made nominations in the   most recent presidential [ by ] primary election [ for the last   general election for state and county officers ] preceding the date   of the meeting at which the appointment is made; and                (3)  a representative from each participating entity   other than a county.          SECTION 6.  Section 32.002(c), Election Code, is amended to   read as follows:          (c)  The presiding judge and alternate presiding judge must   be affiliated or aligned with different political parties, subject   to this subsection. Before July of each year in a county to which   Subsection (a)(1) applies or before August of each year in a county   to which Subsection (a)(2) applies, the county chair of a political   party whose candidate for president [ governor ] received the highest   or second highest number of votes in the county in the most recent   presidential [ gubernatorial ] general election shall submit in   writing to the commissioners court a list of names of persons in   order of preference for each precinct who are eligible for   appointment as an election judge. The county chair may supplement   the list of names of persons until the 20th day before a general   election or the 15th day before a special election in case an   appointed election judge becomes unable to serve. The   commissioners court shall appoint the first person meeting the   applicable eligibility requirements from the list submitted in   compliance with this subsection by the party with the highest   number of votes in the precinct in the most recent presidential   general election as the presiding judge and the first person   meeting the applicable eligibility requirements from the list   submitted in compliance with this subsection by the party with the   second highest number of votes in the precinct as the alternate   presiding judge.  If the candidates for president [ governor ] of two   political parties received the same number of votes in the   precinct, the first person meeting the applicable eligibility   requirements from the list submitted by the party whose candidate   for president [ governor ] received the highest number of votes in   the county shall be appointed as the presiding judge and the first   person meeting the applicable eligibility requirements from the   list submitted by the party whose candidate for president   [ governor ] received the second highest number of votes in the   county shall be appointed as the alternate presiding judge. The   commissioners court may reject the list if the persons whose names   are submitted on the list are determined not to meet the applicable   eligibility requirements.          SECTION 7.  Sections 32.034(b) and (e), Election Code, are   amended to read as follows:          (b)  The county chair of a political party whose candidate   for president [ governor ] received the highest or second highest   number of votes in the county in the most recent presidential   [ gubernatorial ] general election may, not later than the 25th day   before a general election or the 10th day before a special election   to which Subsection (a) applies, submit to a presiding judge a list   containing the names of at least two persons who are eligible for   appointment as a clerk.  If a timely list is submitted, the   presiding judge shall appoint at least one clerk from the list,   except as provided by Subsection (c).          (e)  If a presiding judge has not been appointed at the time   the county chair of a political party is required to submit a list   of names for the appointment of a clerk under this section, the list   of names shall be submitted to the county chair of the political   party whose candidate for president [ governor ] received the most   votes in the precinct in the most recent presidential   [ gubernatorial ] election and to the commissioners court. The   county chair, or the commissioners court in a county without a   county chair, shall appoint clerks from the list in the same manner   provided for a presiding judge to appoint clerks by this section.          SECTION 8.  Sections 41.007(a) and (b), Election Code, are   amended to read as follows:          (a)  The date for the general primary election and for a   primary election held by a political party under Chapter 172 [ date ]   is the first Tuesday in March in each even-numbered year.          (b)  The runoff [ primary ] election date for a primary   election held by a political party under Chapter 172 is the fourth   Tuesday in May following the general primary election.          SECTION 9.  Section 51.002(b), Election Code, is amended to   read as follows:          (b)  For the general election for state and county officers   and for a special election for an officer regularly elected at the   general election, the county election board consists of the county   judge, county clerk, voter registrar, sheriff, and county chair of   each political party that holds a [ required to nominate candidates   by ] primary election. For other elections, the board consists of   the county judge, county clerk, voter registrar, and sheriff.          SECTION 10.  Section 52.091(b), Election Code, is amended to   read as follows:          (b)  Columns of parties specified by Subsection (a)(1) shall   be arranged in descending order of the number of votes received   statewide by each party's candidate for president [ governor ] in the   most recent presidential [ gubernatorial ] general election,   beginning on the left with the party whose candidate received the   highest number of votes.  Columns of parties that did not have a   candidate for president [ governor ] in the most recent presidential   [ gubernatorial ] general election shall appear after the columns of   parties that had a candidate, and the order of their columns shall   be determined by a drawing conducted by the secretary of state.          SECTION 11.  Sections 87.002(c) and (d), Election Code, are   amended to read as follows:        &#x [Text truncated for display. 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