HBA-LCA H.B. 1781 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1781 By: Danburg Elections 3/8/1999 Introduced BACKGROUND AND PURPOSE Although Texas has four established uniform election dates, under current law there are ten exceptions that authorize a political subdivision to hold an election on different dates. Additionally, while current law provides for joint elections, it allows a political subdivision to determine polling places, and therefore a voter may have to go to two different polling sites on one election day. The volume of election dates and polling locations may create confusion and frustration for voters, election officials, and volunteers, and result in significant costs to taxpayers. H.B. 1781 simplifies the voting process by limiting election dates and voting locations. This bill requires all elections to be held on a uniform election date, and moves the presidential primary from March to May. In addition, it requires political subdivisions to consolidate polling places within overlapping territories. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2.025, Election Code, as follows: Sec. 2.025. RUNOFF ELECTION DAY. (a) Requires a runoff election to be held on the 28th, rather than earlier than the 20th or later than the 30th, day after the date of the main election, unless otherwise provided by this code. (b) Provides that the runoff election must be held on the seventh day after the regularly scheduled date if that date falls on, or within three days of, a legal state or national holiday. Redesignates Paragraphs (A) and (B) to Subdivisions (1) and (2). (c) Created from existing text. SECTION 2. Amends Section 31.093, Election Code, as follows: (a) Sec. 31.093. DUTY TO CONTRACT. Requires the county clerk, in addition to the county elections administrator, to enter into a contract to furnish the election services requested by a political subdivision or political party. Makes conforming changes. (b) Authorizes a county clerk, in addition to a county administrator, to enter into a contract to conduct a training program for election officials. SECTION 3. Amends Section 31.100(d), Election Code, to increase from 10 to 25 percent of the total amount of an election services contract the fee a county elections officer may charge for general supervision of the election. SECTION 4. Amends Section 41.001, Election Code, by amending Subsections (a) and (b) and adding Subsection (e), as follows: (a) Provides that general or special elections must be held on the third Saturday in January; the fourth Saturday in March, rather than the first Saturday in May; the third Saturday in September, rather than the second Saturday in August; or the first Tuesday after the first Monday in November. (b) Deletes language providing that Subsection (a) does not apply to a local option election held under the Alcoholic Beverage Code; certain elections for the issuance or assumption of bonds or the levy of a tax for the maintenance of a school or college; an election held by a political subdivision using the convention method of election; or an election to recall an officer of a political subdivision. Redesignates existing Subdivisions (5)-(10) to (3)-(6). (e) Prohibits an election requiring a majority vote from being held on the September uniform election date. SECTION 5. Amends Section 41.0052(a), Election Code, to change from December 31, 1997, to December 31, 1999, the latest date by which the governing body of a political subdivision other than a county may change the date on which it holds its general election for officers. Sets 2000, rather than 1998, as the earliest date on which the election may be held.. SECTION 6. Amends Sections 41.007(a), (b), and (c), Election Code, as follows: (a) Provides that the general primary election must be held on the second Saturday in May, rather than the second Tuesday in March, in even-numbered years. (b) Provides that the runoff primary election must be held on the second Saturday in June, rather than the second Tuesday in April, following the primary election. (c) Provides that the presidential primary election date must be held on the second Saturday in May, rather than the second Tuesday in March, in presidential election years. SECTION 7. Amends Section 42.002, Election Code, as follows: Sec. 42.002. REQUIRED USE OF COUNTY PRECINCTS. (a) Includes joint elections, to the extent provided by Section 42.0621 (Precincts for Certain Special Elections), among the elections for which county election precincts are used. (b) Makes a conforming change. SECTION 8. Amends Subchapter C, Chapter 42, Election Code, by adding Section 42.0621, as follows: Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) Requires participating political subdivisions in a joint election to use regular county election precincts in the parts of the subdivision that contain the same territory. Authorizes the consolidation of two or more county election precincts if the polling place adequately serves the voters of the consolidated precinct. (b) Requires each political subdivision participating in a joint election to establish precincts in its territory not common with the territory of another political subdivision. Authorizes the establishment or consolidation of one or more precincts. SECTION 9. Amends Subchapter A, Chapter 43, Election Code, by adding Section 43.0051, as follows: Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION. (a) Requires the designation of the regular county polling place as the joint election polling place unless it is unavailable. Requires the designation of a polling place if county election precincts are consolidated for the joint election. (b) Requires a political subdivision participating in a joint election to designate polling places in a territory not common with another political subdivision. Authorizes designation of a common polling place that can adequately serve voters of the territory not common to two or more participating political subdivisions. (c) Provides that the participating political subdivision with the greatest number of registered voters must designate a common polling place if the authorities designating a common polling place cannot agree on a location. SECTION 10. Amends Section 43.033(a), Election Code, to authorize a reasonable charge for reimbursement for use of a public building for a polling place. Prohibits a rental charge. SECTION 11. Amends Section 172.023(a), Election Code, to extend the deadline for filing for a place on the general primary election ballot from January 2 until the last Monday in February. SECTION 12. Amends Section 172.052(a), Election Code, to extend to the 64th from the 62nd day before general primary election day the deadline for withdrawing from that election. SECTION 13. Amends Section 172.054(a), Election Code, to extend from the 62nd to the 64th day before general primary election day the deadline for filing for that election if a candidate dies on or after the fifth day before the date of the regular filing deadline; or holds the office for which the application was made and withdraws or is declared ineligible. SECTION 14. Amends Section 172.055, Election Code, by adding Subsection (e), which provides that Section 1.006 (Effect of Weekend or Holiday) does not apply to this section (Public Notice at Extended Filing). SECTION 15. Amends Section 172.057, Election Code, to extend from the 62nd to the 64th day before general election primary day the day a candidate's name is required to be omitted from the ballot it the candidate withdraws, dies, or is declared ineligible. SECTION 16. Amends Section 172.058(a), Election Code, to require that a candidate's name be placed on the ballot if the candidate dies or is declared ineligible after the 64th, rather than the 62nd, day before general primary election day, and that votes cast for the candidate be counted and entered on the official election returns. SECTION 17. Amends Section 172.116(b), Election Code, to require that the local canvass be conducted between Monday and Tuesday, rather than Thursday and Friday, after election day. SECTION 18. Amends Section 172.120(b), Election Code, to require that the state canvass be conducted on the second Monday, rather than Wednesday, after general primary election day. SECTION 19. Amends Section 174.063(a), Election Code, to require that the county and senatorial district conventions be held on the first, rather than third, Saturday after general primary election day. Deletes language that provides for the rescheduling of the conventions that fall during Passover or the day after Good Friday. SECTION 20. Amends Section 181.0041, Election Code, to provide that a political party must register with the secretary of state before the regular filing deadline for candidates in the general primary election, rather than by January 2 of the election year. SECTION 21. Amends Section 181.033(a) to provide that an application for nomination by convention must be filed before the regular filing deadline for candidates in the general primary election, rather than before 5 p.m. on January 2 preceding the convention. SECTION 22. Amends Sections 181.061(b) and (c), Election Code, as follows: (b) Provides that a party must hold district conventions on the second Saturday after general primary election day, rather than the second Tuesday in March. (c) Provides that a party must hold county conventions on the first Saturday after general primary election day, rather than the second Tuesday in March. Makes a conforming change. SECTION 23. Amends Section 182.005, Election Code, to provide that a political party must make its nominations at a county convention held on the first Saturday after general primary election day, not the second Tuesday in March. SECTION 24. Amends Section 192.032(c), Election Code, to provide that an independent candidate for president must file an application with the secretary of state not later than the second Monday in July, rather than May, of the presidential election year. SECTION 25. Amends Section 202.004(a), Election Code, to provide that a political party's nominee to fill an unexpired term must be nominated by primary election if that vacancy occurs on or before the 64th, rather than the 62nd, day before general primary election day. SECTION 26. Amends Section 202.006(a), Election Code, to make a conforming change. SECTION 27. Amends Section 204.003, Election Code, to make a conforming change. SECTION 28. Amends Section 204.005, Election Code, to make a conforming change. SECTION 29. Amends Section 271.002, Election Code, as follows: Sec. 271.002. New Title: JOINT ELECTIONS REQUIRED. (a) Requires political subdivisions to hold joint elections in overlapping territories. (b) Requires the commissioners court of a county and certain political subdivisions to joint elections. (c) Provides that the terms of the joint election agreement must contain decisions necessary for conducting a joint election. Makes a conforming change. (e) Requires the governing body of each political subdivision participating in the joint election to appoint one representative to an election committee to implement the joint election agreement. SECTION 30. Amends Section 271.005, Election Code, by adding Subsection (c) to provide that election judges in joint election precincts must be the same persons for county, state, and federal elections as in the regular county election precinct in county elections. SECTION 31. Amends Sections 271.006(a) and (d), Election Code, to make conforming changes. SECTION 32. Repealer: Sections 271.003 (Location of Common Polling Place) and 271.014 (Conflicts with Other Law), Election Code. SECTION 33. Makes application of this Act prospective. SECTION 34. Provides that the term of a county or precinct chair of a political party on the effective date of this Act ends on the 20th day after the second Saturday in June 2000. SECTION 35. Effective date: September 1, 1999. SECTION 36. Emergency clause.