88R2968 LRM-D
	By: Meza	H.B. No. 1112

	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].
	(b)  If after reassigning votes under Subsection (a) no
	candidate receives a majority of the votes cast designating the
	modified highest favorable ranking, the reassignment of a vote to a
	voter's next most preferred candidate under Subsection (a)
	continues until one candidate receives a majority.
	(c)  If two or more candidates tie for the least number of
	votes before a reassignment of votes under Subsection (a) or (b),
	the tied candidates shall cast lots to determine which candidate's
	votes are reassigned.
	(d)  The secretary of state shall prescribe procedures to
	provide for an election to be held under this chapter using a
	preferential voting system.  The system must allow a voter to rank
	each candidate through a numerical designation from the candidate
	the voter favors most to the candidate the voter favors least [The
	candidates in a runoff for a nomination shall be determined and a
	tie vote in a runoff resolved as provided by Subchapter B, Chapter
	2, for a runoff for an election to office].
	SECTION 18.  Section 172.061(a), Election Code, is amended
	to read as follows:
	(a)  Except for Section [Sections] 172.058(b), [172.059(c),
	and 172.060(b),] this subchapter applies to a candidate for county
	chair or precinct chair.
	SECTION 19.  Section 172.117(a-2), Election Code, is amended
	to read as follows:
	(a-2)  The county chair shall update the notations after each
	general primary [and runoff primary] election, unless the secretary
	of state's Internet website automatically updates the notations
	based on election returns.  After any withdrawal or death of a
	candidate, and subsequent replacement of the candidate on the
	ballot, the chair shall notify the state chair, who shall update the
	notation on the website.  All notations must be completed and
	accurate on the date prescribed by the secretary of state by rule to
	ensure that an authority printing general election ballots may rely
	on the information.
	SECTION 20.  Section 172.126(a), Election Code, is amended
	to read as follows:
	(a)  The primary elections in a county may be conducted
	jointly at the regular polling places designated for the general
	election for state and county officers. The county clerk shall
	supervise the overall conduct of the joint primary elections. This
	section applies to the conduct of joint primary elections
	notwithstanding and in addition to other applicable provisions of
	this code. The decision to conduct a joint general primary election
	[or runoff primary election, as applicable,] must be made by
	majority vote of the full membership of the commissioners court and
	with the unanimous approval of the county clerk and the county chair
	of each political party required to nominate candidates by primary
	election.
	SECTION 21.  Section 172.127(b), Election Code, is amended
	to read as follows:
	(b)  The presiding judge or alternate presiding judge for the
	precinct may post signs at a polling place for a primary election
	[or a primary runoff election] that:
	(1)  identify the names of, or symbols representing,
	any political parties holding an election at the polling place; and
	(2)  do not refer to a candidate or measure on the
	ballot.
	SECTION 22.  Sections 173.083(a), (b), and (c), Election
	Code, are amended to read as follows:
	(a)  The amount of estimated primary election expenses
	payable with state funds under this section is equal to[:
	[(1)  for a general primary election,] the difference
	obtained by subtracting the sum of the filing fees and
	contributions reported in the statement of estimated primary
	election expenses from the total amount of estimated general
	primary expenses approved by the secretary of state under Section
	173.082[; and
	[(2)  for a runoff primary election, the total amount
	of estimated runoff primary expenses approved by the secretary].
	(b)  State payment of the estimated primary election
	expenses shall be made in installments as follows:
	(1)  the initial installment [for the expenses of a
	general primary] is equal to three-fourths, or three-fifths if the
	secretary of state determines that figure to be more efficient, of
	the amount of estimated general primary expenses payable with state
	funds; and
	(2)  [the initial installment for the expenses of a
	runoff primary is equal to three-fourths, or three-fifths if the
	secretary of state determines that figure to be more efficient, of
	the amount of estimated runoff primary expenses payable with state
	funds; and
	[(3)]  the final installment is equal to the difference
	obtained by subtracting the total of the installment [installments]
	paid under Subdivision [Subdivisions] (1) [and (2)] from the total
	of the actual general [and runoff] primary election expenses
	payable with state funds.
	(c)  After determining the amount of estimated primary
	expenses to approve under Section 173.082 for a general [or runoff]
	primary, the secretary of state shall calculate the amount of the
	installment payable under Subsection (b)(1) [or (2), as
	applicable]. The secretary shall then prepare and deliver to the
	comptroller of public accounts a certified statement indicating the
	amount of the installment, the total amount of estimated general
	[or runoff] primary expenses payable with state funds, and the name
	of the county or state chair who submitted the statement of
	estimated primary election expenses.
	SECTION 23.  Sections 173.0833(a) and (b), Election Code,
	are amended to read as follows:
	(a)  This section applies to election services and materials
	provided by a vendor for use in a primary election [or primary
	runoff election], including:
	(1)  the printing of paper ballot material containing
	candidates' names used in a polling place;
	(2)  the programming and testing of voting system
	equipment, including ballot layout, programming of equipment, and
	audio production;
	(3)  site support or technical support other than the
	programming or testing of voting system equipment;
	(4)  nonballot election materials used in a precinct on
	election day, including election kits, required party stamps,
	distance signs, and required forms; and
	(5)  the rental of non-county-owned electronic voting
	system equipment, including media components.
	(b)  A vendor providing election services or materials to a
	county chair or a county election officer contracting with a county
	chair for a primary [or runoff primary] election shall directly
	bill the secretary of state for the cost of the services or
	materials used on election day for which state funding is available
	under this chapter.
	SECTION 24.  Sections 173.084(a) and (b), Election Code, are
	amended to read as follows:
	(a)  Regardless of whether state funds are requested for
	paying primary expenses, each county chair and state chair shall
	prepare a report that includes:
	(1)  an itemized list of the actual expenses incurred
	in connection with the primary election [general and runoff
	primaries] by the authority preparing the report and by the
	executive committee over which the authority presides;
	(2)  the amount of the primary candidates' filing fees
	required to be deposited in the county primary fund if the report is
	by a county chair, or in the state primary fund if the report is by
	the state chair;
	(3)  the amount of filing fees that have been refunded;
	(4)  the amount of the contributions to the executive
	committee over which the authority preparing the report presides
	that:
	(A)  are for the purpose of defraying primary
	election expenses; and
	(B)  have not been included in a report filed
	under this section for a previous primary election year; and
	(5)  the balance in the county primary fund if the
	report is by a county chair, or in the state primary fund if the
	report is by the state chair, that remains after deducting the
	primary election expenses actually incurred and the refunded filing
	fees.
	(b)  The authority preparing the report shall file it with
	the secretary of state not later than August 31 following the
	[applicable] primary election[, in the case of the county chair's
	report, or if no runoff primary is held for a statewide or district
	office, in the case of the state chair's report].
	SECTION 25.  Section 202.007(a), Election Code, is amended
	to read as follows:
	(a)  If a vacancy occurs after [runoff] primary election day,
	an independent candidate for the unexpired term must file the
	application for a place on the ballot not later than 5 p.m. of the
	30th day after the date the vacancy occurs or 5 p.m. of the 70th day
	before general election day, whichever is earlier.
	SECTION 26.  Section 232.008(c), Election Code, is amended
	to read as follows:
	(c)  A contestant must file the petition not later than the
	later of the 15th day after the date the election records are
	publicly available under Section 1.012 or the official result is
	determined in a contest of:
	(1)  a primary [or runoff primary] election; or
	(2)  a general or special election for which a runoff is
	necessary according to the official result or will be necessary if
	the contestant prevails.
	SECTION 27.  Section 232.048(a), Election Code, is amended
	to read as follows:
	(a)  If no candidate receives a majority vote in a new
	election ordered by a court in the contest of an election in which a
	majority vote is required, a runoff election shall be held[:
	[(1)  for a primary election contest, on the date set by
	the district court in which the contest was heard, except as
	provided by Subsection (c); or
	[(2)  for a contest of a general or special election,]
	on the date set by the authority responsible for ordering the runoff
	election.
	SECTION 28.  Section 255.002(a), Election Code, is amended
	to read as follows:
	(a)  The rate charged for political advertising by a radio or
	television station may not exceed:
	(1)  during the 45 days preceding a general [or runoff]
	primary election and during the 60 days preceding a general or
	special election, the broadcaster's lowest unit charge for
	advertising of the same class, for the same time, and for the same
	period; or
	(2)  at any time other than that specified by
	Subdivision (1), the amount charged other users for comparable use
	of the station.
	SECTION 29.  The following provisions of the Election Code
	are repealed:
	(1)  Section 41.007(b);
	(2)  Section 172.058(c);
	(3)  Section 172.059;
	(4)  Section 172.060;
	(5)  Section 172.061(b);
	(6)  Section 172.084;
	(7)  Section 172.120(b-1);
	(8)  Section 172.121;
	(9)  Section 172.125; and
	(10)  Section 173.081(e).
	SECTION 30.  The changes in law made by this Act apply only
	to an election ordered on or after September 1, 2023.
	SECTION 31.  This Act takes effect September 1, 2023.