Bill Text: TX HB234 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to separating the conducting of federal elections from state and local elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-07-12 - Filed [HB234 Detail]
Download: Texas-2021-HB234-Introduced.html
By: Schofield | H.B. No. 234 |
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Relating to separating the conducting of federal elections from | ||
state and local elections. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. PURPOSE. The purpose of this Act is to exercise | ||
the legislature's constitutional authority to regulate elections | ||
in this state. It is the intent of the legislature that elections | ||
for state, county, and local offices be conducted concurrently with | ||
federal elections to the extent possible, but that any federal law | ||
regarding the conduct of elections not exceed Congress's authority | ||
under Article 2 of the United States Constitution to regulate | ||
elections for Congress and therefore the legislature intends that | ||
such federal authority not extend to ballot measures or elections | ||
for state, county, or local offices in this state. | ||
SECTION 2. Section 1.002, Election Code, is amended to read | ||
as follows: | ||
Sec. 1.002. APPLICABILITY OF CODE. This code applies to all | ||
general, special, federal, and primary elections held in this | ||
state. | ||
SECTION 3. Sec. 1.005, Election Code, is amended by | ||
amending subsections (4), (7), (14), and (19), and adding | ||
subsections (25) and (26) as follows: | ||
(4) "District office" means an office of the federal or | ||
state government that is not voted on statewide. If federal law | ||
requires an election for a federal office to be conducted using | ||
procedures that conflict with this code, any federal office that is | ||
elected by district would adhere to federal procedures when in | ||
conflict with state law. | ||
(7) "General election for state and county officers" means | ||
the general election at which the officers of the |
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and county governments are elected. It does not include a federal | ||
election, even if such election is held concurrently. | ||
(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 |
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unless, and to the extent, federal law requires the election to be | ||
conducted using procedures that conflict with this code. | ||
(19) "Statewide office" means an office of the federal or | ||
state government that is voted on statewide. If federal law | ||
requires an election for a federal office to be conducted using | ||
procedures that conflict with this code, any federal office that is | ||
elected statewide would adhere to federal procedures when in | ||
conflict with state law. | ||
(25) "Federal election" means a primary or general election | ||
for federal office or any run-off election for said office. A | ||
federal election shall not include any ballot measure nor state, | ||
county, or local office. | ||
(26) "Federal office" means the offices of president and | ||
vice-president of the United States, United States senator, or | ||
United States representative. | ||
SECTION 4. Chapter 41, Election Code, is amended by adding | ||
Section 41.003 to read as follows: | ||
Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICES. The | ||
general election for federal offices shall be held on the first | ||
Tuesday after the first Monday in November in even-numbered years | ||
and shall, to the extent feasible, be held concurrently with the | ||
general election for state and county officers. | ||
SECTION 5. Section 41.007, Election Code, is amended to | ||
read as follows: | ||
Sec. 41.007. PRIMARY ELECTIONS. (a) The general primary | ||
election date is the first Tuesday in March in each even-numbered | ||
year. | ||
(b) The runoff primary election date is the fourth Tuesday | ||
in May following the general primary election. | ||
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(d) No other election, other than a primary election for | ||
federal office, may be held on the date of a primary election. | ||
SECTION 6. The Election Code is amended by adding Section | ||
41.0075, to read as follows: | ||
Sec. 41.0075. PRIMARY ELECTION FOR FEDERAL OFFICE. (a) The | ||
primary election date for an election for federal office is the | ||
first Tuesday in March in each even-numbered year. | ||
(b) The runoff primary election date for an election for | ||
federal office is the fourth Tuesday in May following the primary | ||
election for federal office. | ||
(c) The presidential primary election date is the first | ||
Tuesday in March in each presidential election year. | ||
SECTION 7. Section 42.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 42.002. REQUIRED USE OF COUNTY PRECINCTS. (a) The | ||
county election precincts are the election precincts for the | ||
following elections: | ||
(1) the general election for state and county | ||
officers; | ||
(2) a federal election; | ||
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commissioner's court, county judge, or other county authority, | ||
except an election subject to Section 42.062(2); and | ||
(b) Except as provided by Sections 42.008 and 42.009, county | ||
election precincts may not be consolidated for an election. | ||
SECTION 8. Section 101.052, Election Code, is amended by | ||
adding subsection (m) to read as follows: | ||
(m) A federal postcard application that is sufficient to | ||
constitute a voter registration application under federal law, but | ||
which does not meet the requirements of this section, does not | ||
constitute registration by the applicant under Title 2 and instead | ||
constitutes registration only for federal elections under Chapter | ||
107. | ||
SECTION 9. 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 applicable requirements by an unregistered | ||
applicant constitutes registration by the applicant: | ||
(1) for the purpose of voting in the election for which | ||
the ballot was requested, provided that the applicant may only vote | ||
a federal ballot unless the application complies with the | ||
requirements for registration under Title 2; | ||
(2) under Title 2 if the application complies with the | ||
requirements for registration under Title 2, unless the person | ||
indicates on the application that the person is residing outside | ||
the United States indefinitely. | ||
(a-1) If the submission of a federal postcard application | ||
under Subsection (a) is sufficient to constitute a voter | ||
registration application under federal law but does not meet the | ||
requirements for registration under Title 2, the application does | ||
not constitute registration by the applicant under Title 2 and | ||
instead constitutes registration only for federal elections under | ||
Chapter 107. | ||
SECTION 10. The Election Code is amended by adding Chapter | ||
107, to read as follows: | ||
CHAPTER 107. FEDERAL ELECTIONS | ||
Sec. 107.001 FEDERAL ELECTIONS. (a) A federal election is | ||
a separate election from any other election in this state, | ||
including without limitation a ballot measure or an election for | ||
state, county, or local office. | ||
(b) An election for a ballot measure, or for a state, | ||
county, or local office shall be conducted in accordance with this | ||
code. Any federal law regulating the conduct of an election shall | ||
apply in this state only to a federal election. | ||
(c) The secretary of state shall by rule modify election | ||
procedures to the limited extent necessary to allow federal | ||
elections and state elections to be held separately but | ||
concurrently in accordance with this chapter. The secretary in | ||
doing so shall minimize disruption and voter confusion to the | ||
fullest extent feasible by sharing polling locations, voting | ||
stations, and other similar measures. | ||
Sec. 107.002 DEFINITIONS. In this chapter: | ||
(1) "Federal ballot" means a ballot that is restricted to | ||
federal offices only. | ||
(2) "Federal election" means a primary or general election | ||
for federal office or any run-off election for said office. A | ||
federal election shall not include any ballot measure nor state, | ||
county, or local office. | ||
(3) "Federal office" means the offices of president and | ||
vice-president of the United States, United States senator, or | ||
United States representative. | ||
(4) "Local office" shall mean an office of any political | ||
subdivision in this state as defined by Sec. 1-005(13) of this code. | ||
Sec. 107.003. ELIGIBILITY. (a) A person is eligible to | ||
vote in a federal election if: | ||
(1) the person is qualified to vote in this state under | ||
Title 2; | ||
(2) the person, if not registered to vote in this state, | ||
would be qualified if registered; and the person is: | ||
(a) a member of the armed forces of the United States, | ||
or the spouse or dependent of a member; | ||
(b) a member of the merchant marine of the United | ||
States, or the spouse or dependent of a member; | ||
(b-1) a member of the Texas National Guard or the | ||
National Guard of another state or 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 the spouse or dependent of a member; | ||
(c) domiciled in this state but temporarily living | ||
outside the territorial limits of the United States and the | ||
District of Columbia; | ||
(3) the person is registered to vote under federal law, but | ||
the person's registration does not comply with Title 2; or | ||
(4) the person declines to follow procedures required by | ||
this code to vote, which procedures are proscribed by federal law | ||
for use in federal elections, and wishes to vote a federal ballot, | ||
if the person is otherwise to qualified to vote in a federal | ||
election. | ||
(b) A person who is registered to vote under federal law, | ||
but whose registration does not comply with the requirements for | ||
registration under Title 2, is eligible to vote in a federal | ||
election, but is not eligible to vote in any election for a ballot | ||
measure, or state, county, or local office. Such person may only | ||
vote a federal ballot. | ||
(c) If a person to whom subsection (b) applies subsequently | ||
submits a valid registration under Title 2, that person becomes a | ||
qualified voter for any election for a ballot measure, or state, | ||
county, or local office upon the expiration of 30 days after the | ||
voter submitted the application to the voter registrar in the | ||
county where the person resides if the application is approved | ||
under Section 13.072. | ||
Sec. 107.004. GENERAL CONDUCT OF VOTING. An election for | ||
federal office shall be conducted and the results shall be | ||
processed under the provisions of this code to extent not | ||
contradicted by federal law. To the extent that federal law | ||
conflicts with a provision of this code, an election for federal | ||
office shall be conducted and the results shall be processed under | ||
the provisions of the applicable federal law. | ||
SECTION 11. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and to | ||
this end the provisions of this Act are declared to be severable. | ||
SECTION 12. This Act takes effect on the 91st day after the | ||
last day of the legislative session at which it is enacted. |