Bill Text: TX HB109 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to the separation of federal elections from state and local elections, and to related practices and procedures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-11-14 - Filed [HB109 Detail]
Download: Texas-2023-HB109-Introduced.html
| 88S40195 MLH-F | ||
| By: Schofield | H.B. No. 109 | |
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| 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 [ |
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| state[ |
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| (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 | ||
| [ |
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| 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 [ |
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| 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 general election for federal officers shall be held on the first | ||
| Tuesday after the first Monday in November in even-numbered years. | ||
| (b) To the extent feasible, the general election for federal | ||
| officers shall be held concurrently with the general election for | ||
| state and county officers. | ||
| SECTION 8. The heading to Section 41.007, Election Code, is | ||
| amended to read as follows: | ||
| Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY | ||
| OFFICERS. | ||
| SECTION 9. Sections 41.007(a) and (d), Election Code, are | ||
| amended to read as follows: | ||
| (a) The general primary election date for state and county | ||
| officers is the first Tuesday in March in each even-numbered year. | ||
| (d) No [ |
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| federal officers may be held on the date of a primary election. | ||
| SECTION 10. Subchapter A, Chapter 41, Election Code, is | ||
| amended by adding Section 41.0075 to read as follows: | ||
| Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a) | ||
| The primary election date for federal officers is the first Tuesday | ||
| in March in each even-numbered year. | ||
| (b) The runoff primary election date for federal officers is | ||
| the fourth Tuesday in May following the primary election for | ||
| federal officers. | ||
| (c) To the extent feasible, the primary election for federal | ||
| officers shall be held concurrently with the primary election for | ||
| state and county officers. | ||
| SECTION 11. Section 42.002(a), Election Code, is amended to | ||
| read as follows: | ||
| (a) The county election precincts are the election | ||
| precincts for the following elections: | ||
| (1) the general election for state and county | ||
| officers; | ||
| (2) a special election ordered by the governor; | ||
| (3) a primary election; | ||
| (4) a countywide election ordered by the commissioners | ||
| court, county judge, or other county authority, except an election | ||
| subject to Section 42.062(2); [ |
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| (5) a federal election; and | ||
| (6) as provided by Section 42.0621, any other election | ||
| held by a political subdivision on a uniform election date. | ||
| SECTION 12. Section 67.010(a), Election Code, is amended to | ||
| read as follows: | ||
| (a) The county election returns for an election for a | ||
| statewide office other than governor or lieutenant governor, a | ||
| statewide measure, a district office, a federal office, or | ||
| president and vice-president of the United States shall be | ||
| canvassed by the governor. | ||
| SECTION 13. Section 84.014, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN | ||
| APPLICATIONS. If an applicant provides a date of birth, driver's | ||
| license number, or social security number on the applicant's | ||
| application for an early voting ballot to be voted by mail that is | ||
| different from or in addition to the information maintained by the | ||
| voter registrar in accordance with Subtitle A, Title 2, the early | ||
| voting clerk shall notify the voter registrar. The voter registrar | ||
| shall update the voter's record with the information provided by | ||
| the applicant. | ||
| SECTION 14. Section 101.052, Election Code, is amended by | ||
| amending Subsections (e), (f), and (j) and adding Subsection (n) to | ||
| read as follows: | ||
| (e) An applicant who otherwise complies with applicable | ||
| requirements is entitled to receive a full ballot to be voted by | ||
| mail under this chapter if: | ||
| (1) the applicant submits a federal postcard | ||
| application to the early voting clerk on or before the 20th day | ||
| before election day; and | ||
| (2) the application contains the information that is | ||
| required for registration under Subtitle A, Title 2. | ||
| (f) The applicant is entitled to receive only a federal | ||
| ballot to be voted by mail under Chapter 114 if: | ||
| (1) the applicant submits the federal postcard | ||
| application to the early voting clerk after the date provided by | ||
| Subsection (e)(1) and before the deadline for submitting a regular | ||
| application for a ballot to be voted by mail; and | ||
| (2) the application contains the information that is | ||
| required for registration under Subtitle A, Title 2. | ||
| (j) If the early voting clerk determines that an application | ||
| that is submitted before the time prescribed by Subsection (e)(1) | ||
| does not contain the information that is required for registration | ||
| under Subtitle A, Title 2, the clerk shall notify the applicant of | ||
| that fact. If the applicant has provided a telephone number or an | ||
| address for receiving mail over the Internet, the clerk shall | ||
| notify the applicant by that medium. | ||
| (n) A federal postcard application that does not meet the | ||
| requirements of Subtitle A, Title 2, may still constitute | ||
| registration for federal elections if the federal postcard | ||
| application meets the requirements of Subtitle B, Title 2. | ||
| SECTION 15. Section 101.053(b), Election Code, is amended | ||
| to read as follows: | ||
| (b) If an applicant provides a date of birth, driver's | ||
| license number, or social security number on the applicant's | ||
| federal postcard application that is different from or in addition | ||
| to the information maintained by the voter registrar in accordance | ||
| with Subtitle A, Title 2, the early voting clerk shall notify the | ||
| voter registrar. The voter registrar shall update the voter's | ||
| record with the information provided by the applicant. | ||
| SECTION 16. Section 101.055, Election Code, is amended by | ||
| amending Subsection (a) and adding Subsection (a-1) to read as | ||
| follows: | ||
| (a) The submission of a federal postcard application that | ||
| complies with the [ |
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| by an unregistered applicant constitutes registration by the | ||
| applicant: | ||
| (1) for the purpose of voting in the election for state | ||
| and county officers for which a ballot is requested; and | ||
| (2) under Subtitle A, Title 2, if the federal postcard | ||
| application complies with the requirements under that subtitle, | ||
| unless the person indicates on the application that the person is | ||
| residing outside the United States indefinitely. | ||
| (a-1) The submission of a federal postcard application that | ||
| complies with the requirements of Subtitle B, Title 2, by an | ||
| unregistered applicant constitutes registration by the applicant: | ||
| (1) for the purpose of voting in the election for | ||
| federal officers for which a ballot is requested; and | ||
| (2) under Subtitle B, Title 2, if the federal postcard | ||
| application complies with the requirements under that subtitle, | ||
| unless the person indicates on the application that the person is | ||
| residing outside the United States indefinitely. | ||
| SECTION 17. Section 142.005, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An | ||
| application for a place on the ballot must be filed with: | ||
| (1) the secretary of state, for a federal, statewide, | ||
| or district office; or | ||
| (2) the county judge, for a county or precinct office. | ||
| SECTION 18. Section 145.033, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. | ||
| A candidate must file a withdrawal request with: | ||
| (1) the secretary of state, for a federal, statewide, | ||
| or district office; or | ||
| (2) the authority responsible for having the official | ||
| ballot prepared, for a county or precinct office. | ||
| SECTION 19. Section 145.037(d), Election Code, is amended | ||
| to read as follows: | ||
| (d) The chair must deliver the certification to: | ||
| (1) the secretary of state, for a federal, statewide, | ||
| or district office; or | ||
| (2) the authority responsible for having the official | ||
| ballot prepared, for a county or precinct office. | ||
| SECTION 20. Section 146.024, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A | ||
| declaration of write-in candidacy must be filed with: | ||
| (1) the secretary of state, for a federal, statewide, | ||
| or district office; or | ||
| (2) the county judge, for a county or precinct office. | ||
| SECTION 21. The heading to Section 161.008, Election Code, | ||
| is amended to read as follows: | ||
| Sec. 161.008. CERTIFICATION OF NOMINEES FOR FEDERAL, | ||
| STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION | ||
| BALLOT. | ||
| SECTION 22. Section 161.008(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) Except as provided by Subsection (c), the secretary of | ||
| state shall certify in writing for placement on the general | ||
| election ballot the name of each candidate nominated at a primary | ||
| election or convention of a political party for a federal, | ||
| statewide, or district office. | ||
| SECTION 23. Section 163.006(d), Election Code, is amended | ||
| to read as follows: | ||
| (d) Before January 15 of each year in which political | ||
| parties hold precinct conventions under this title, the secretary | ||
| of state shall deliver written notice of the requirements of this | ||
| section to the state chair of each party that had a nominee for a | ||
| federal, statewide, or district office on the most recent general | ||
| election ballot. | ||
| SECTION 24. Section 172.059(b), Election Code, is amended | ||
| to read as follows: | ||
| (b) A withdrawal request for the runoff primary must be | ||
| filed with the state chair, for a federal, statewide, or district | ||
| office, or with the county chair, for a county or precinct office. | ||
| SECTION 25. The heading to Section 172.121, Election Code, | ||
| is amended to read as follows: | ||
| Sec. 172.121. CERTIFICATION OF CANDIDATES FOR FEDERAL, | ||
| STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT. | ||
| SECTION 26. Section 172.121(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) The state chair shall certify on the secretary of | ||
| state's website for placement on the runoff primary election ballot | ||
| the name of each general primary candidate for a federal, | ||
| statewide, or district office who is to be a candidate in the | ||
| runoff. | ||
| SECTION 27. The heading to Section 172.122, Election Code, | ||
| is amended to read as follows: | ||
| Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN | ||
| APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL | ||
| REQUIREMENTS FOR FEDERAL, STATEWIDE, AND DISTRICT OFFICES TO | ||
| SECRETARY OF STATE. | ||
| SECTION 28. Section 172.122(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) The state chair shall certify by posting on the | ||
| secretary of state's website the name and address of each primary | ||
| candidate who is nominated for a federal, statewide, or district | ||
| office. The state chair shall execute and file digitally with the | ||
| secretary of state an affidavit certifying that the returns posted | ||
| on the secretary of state's website are the correct and complete | ||
| returns. The secretary of state shall adopt by rule a process to | ||
| allow the chair to submit the affidavit digitally. | ||
| SECTION 29. Section 173.063, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair | ||
| shall deposit in the state primary fund each filing fee | ||
| accompanying an application for a place on the ballot filed with the | ||
| state chair: | ||
| (1) for a federal office; | ||
| (1-a) for a statewide office; or | ||
| (2) for a district office if the application is filed | ||
| after the regular filing deadline. | ||
| SECTION 30. Section 181.0311(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) In addition to any other requirements, to be considered | ||
| for nomination by convention, a candidate must: | ||
| (1) pay a filing fee to the secretary of state for a | ||
| federal, statewide, or district office or the county judge for a | ||
| county or precinct office; or | ||
| (2) submit to the secretary of state for a federal, | ||
| statewide, or district office or the county judge for a county or | ||
| precinct office a petition in lieu of a filing fee that satisfies | ||
| the requirements prescribed by Subsection (e) and Section 141.062. | ||
| SECTION 31. Section 181.032(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) An application for nomination by a convention must be | ||
| filed with: | ||
| (1) the state chair, for a federal, statewide, or | ||
| district office; or | ||
| (2) the county chair, for a county or precinct office. | ||
| SECTION 32. Section 181.068(b), Election Code, is amended | ||
| to read as follows: | ||
| (b) Not later than the 20th day after the date of the | ||
| convention making the nomination, the presiding officer shall | ||
| deliver the certification to: | ||
| (1) the authority responsible for having the official | ||
| general election ballot prepared in the county, for certification | ||
| of a county or precinct office; or | ||
| (2) the secretary of state, for certification of a | ||
| federal, statewide, or district office. | ||
| SECTION 33. Sections 231.008(b) and (c), Election Code, are | ||
| amended to read as follows: | ||
| (b) If the judgment in a contest for an office affects the | ||
| preparation of the ballot for a succeeding election, the clerk | ||
| shall deliver a copy to the authority responsible for having the | ||
| official ballot prepared or, in the case of a federal, statewide, or | ||
| district office, to the authority responsible for certifying the | ||
| names of the candidates for placement on the ballot. | ||
| (c) If the judgment orders that a new general or special | ||
| election be held, the clerk shall deliver a copy to the authority | ||
| responsible for ordering the election. If the judgment orders a new | ||
| primary election, the clerk shall deliver a copy to the state chair | ||
| of the appropriate political party, in the case of a federal, | ||
| statewide, or district office, or to the county chair, in the case | ||
| of a county or precinct office. | ||
| SECTION 34. Section 232.013(d), Election Code, is amended | ||
| to read as follows: | ||
| (d) If the contested election is a primary, the district | ||
| clerk shall deliver a certified copy of the order setting the date | ||
| of the runoff to the state chair of the political party in the case | ||
| of a federal, statewide, or district office or to the county chair | ||
| in the case of a county or precinct office. | ||
| SECTION 35. Section 232.048(c), Election Code, is amended | ||
| to read as follows: | ||
| (c) The candidate receiving the most votes in a new election | ||
| ordered by a court in a primary election contest is the political | ||
| party's nominee, regardless of whether the candidate receives a | ||
| majority vote, if the date of the final canvass of the court-ordered | ||
| primary is on or after: | ||
| (1) the 85th day before the date of the succeeding | ||
| general election in the case of a federal, statewide, or district | ||
| office; or | ||
| (2) the 75th day before the date of the succeeding | ||
| general election in the case of a county or precinct office. | ||
| SECTION 36. Section 252.005, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: | ||
| CANDIDATE. An individual must file a campaign treasurer appointment | ||
| for the individual's own candidacy with: | ||
| (1) the commission, if the appointment is made for | ||
| candidacy for: | ||
| (A) a federal office; | ||
| (A-1) a statewide office; | ||
| (B) a district office filled by voters of more | ||
| than one county; | ||
| (C) a judicial district office filled by voters | ||
| of only one county; | ||
| (D) state senator; | ||
| (E) state representative; or | ||
| (F) the State Board of Education; | ||
| (2) the county clerk, if the appointment is made for | ||
| candidacy for a county office, a precinct office, or a district | ||
| office other than one included in Subdivision (1); | ||
| (3) the clerk or secretary of the governing body of the | ||
| political subdivision or, if the political subdivision has no clerk | ||
| or secretary, with the governing body's presiding officer, if the | ||
| appointment is made for candidacy for an office of a political | ||
| subdivision other than a county; | ||
| (4) the county clerk if: | ||
| (A) the appointment is made for candidacy for an | ||
| office of a political subdivision other than a county; | ||
| (B) the governing body for the political | ||
| subdivision has not been formed; and | ||
| (C) no boundary of the political subdivision | ||
| crosses a boundary of the county; or | ||
| (5) the commission if: | ||
| (A) the appointment is made for candidacy for an | ||
| office of a political subdivision other than a county; | ||
| (B) the governing body for the political | ||
| subdivision has not been formed; and | ||
| (C) the political subdivision is situated in more | ||
| than one county. | ||
| SECTION 37. This Act takes effect September 1, 2025. | ||
