HBA-RBT H.B. 2383 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2383
By: Maxey
Elections
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the political parties manage primary elections.  Under that
system, a voter wising to vote in a primary election for a particular
political party may have to go to a polling place is another county if that
party is not organized in the voter's home county.  H.B. 2383 requires the
county clerk or elections administrator to administrate the primary
election for both parties.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the secretary of state in SECTION 16
(Section 172.1113, Election Code) of this bill. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 31.092, Election Code, to delete the provision
authorizing the county election officer to contract for the performance of
election services. 

SECTION 2.  Amends Section 42.0051(a), Election Code, to make a conforming
change. 

SECTION 3.  Amends Section 42.009, Election Code, to make a conforming
change. 

SECTION 4.  Amends Section 43.003, Election Code, to require that the
polling place for a primary be the same as the polling place for a general
election.  Requires the polling place to be designated to accommodate the
precinct conventions of each political party.  Makes conforming and
nonsubstantive changes.  

SECTION 5.  Amends Section 43.034(c), Election Code, to delete language to
make a conforming change. 

SECTION 6.  Amends Section 51.003, Election Code, to delete language to
make conforming changes. 

SECTION 7.  Amends Section 52.002, Election Code, to make a conforming
change. 

SECTION 8.  Amends Section 52.007, Election Code, to delete language to
make a conforming change. 

SECTION 9.  Amends Section 123.001(b), Election Code, to make conforming
changes. 

SECTION 10.  Amends Section 172.028, Election Code, as follows:

Sec.  172.028.  New title: CERTIFICATION OF NAMES FOR PLACEMENT ON GENERAL
PRIMARY BALLOT.  Requires the county chair to deliver the certification to
the count clerk in writing for placement on the general primary election
ballot the name of each candidate who files an application with the chair.
Requires the county clerk to deliver the certification to the state chair
for use in the drawing.  Makes conforming changes. 

SECTION 11.  Amends Section 172.082, Election Code, to require the county
chair to certify in  writing to the county clerk the order of the
candidates' names on the general primary election ballot for the county
within 24 hours after the drawing. 

SECTION 12.  Amends Section 172.084, Election Code, by adding Subsection
(f), to require the county chair to certify in writing to the county clerk
the order of the candidates' names on the runoffl primary election ballot
for the county within 24 hours after the drawing. 

SECTION 13.  Amends Section 172.090(a), Election Code, to make a conforming
change. 

SECTION 14.  Amends Section 172.111(b), Election Code, to make a conforming
change. 

SECTION 15.  Amends Section 172.1112(a), Election Code, to make a
conforming change. 

SECTION 16.  Amends Subchapter E, Chapter 172, Election Code, by adding
Section 172.1113, as follows: 

Sec.  172.1113.  JOINT PRIMARY REQUIRED.  (a) Requires each primary
election to be conducted jointly as required by this section. 

(b) Authorizes the use of the polling place by the party whose candidate
for governor received the most votes in the precinct in the most recent
gubernatorial general election if the polling place is not suitable for
more than one precinct convention. 

(c) Requires one set of election officers to conduct elections at each
polling place.  Sets forth the manner of holding elections and the
appointment of election clerks.  Requires the secretary of state, by rule,
to prescribe procedures consistent with this subsection for the appointment
of election officers and election clerks. 

(d) Provides that each co-judge has the law enforcement duties and powers
provided under Section 32.075 and has the exclusive authority to conduct
challenges on the eligibility of voters, tabulate the votes, and deliver
the election returns in the primary of the party with which that judge is
affiliated or aligned. 

(e) Requires a separate set of ballot boxes or other suitable containers
approved by the secretary of state to be used for each party's primary,
except that one set of ballot boxes or other containers may be used in a
joint primary using an electronic voting system in which the ballots are
deposited by the voters directly into a unit of automatic tabulating
equipment.  Requires the secretary of state, by rule, to prescribe
requirements to ensure that one party's ballot is readily distinguished
from another's.  Sets forth requirements for the lists of registered
voters. 

(f) Requires separate election returns to be prepared for each party.

(g) Requires the secretary of state, by rule, to prescribe the procedures
necessary to implement this section to ensure the orderly and proper
administration of joint primary elections. 

SECTION 17.  Amends Section 172.113, Election Code, to make conforming and
nonsubstantive changes. 

SECTION 18.  Amends Sections 172.116(a), (b), and (e), Election Code, to
make conforming and nonsubstantive changes. 

SECTION 19.  Amends Section 172.117, Election Code, to make conforming and
nonsubstantive changes. 

SECTION 20.  Amends Section 172.118, Election Code, to make conforming and
nonsubstantive changes. 

 SECTION 21.  Amends Section 172.119, Election Code, to make conforming and
nonsubstantive changes. 

SECTION 22.  Amends Section 172.120, Election Code, to require the
governor, rather than the state executive committee, to canvass the county
election returns and conduct the state canvass for the general primary
election.  Requires the governor to conduct the state canvass of the runoff
primary election at a time determined by the secretary of state.  Makes
conforming and nonsubstantive changes. 

SECTION 23.  Amends Section 172.121, Election Code, to make conforming
changes. 

SECTION 24.  Amends Section 172.122, Election Code, as follows:

Sec.  172.122.  New title:  CERTIFICATION OF NOMINEES FOR STATEWIDE AND
DISTRICT OFFICES.  Makes conforming and nonsubstantive changes. 

SECTION 25.  Amends Sections 172.124(a) and (b), Election Code, to make
conforming changes. 

SECTION 26.  Amends Section 173.001(a), Election Code, to include a county
among those authorized to have expenses in connection with a primary
election paid out of state funds. 

SECTION 27.  Amends Section 173.010, Election Code, to require the
secretary of state to deliver a current set of the rules adopted under this
subchapter to each county clerk. 

SECTION 28.  Amends Subchapter D, Chapter 173, Election Code, by adding
Section 173.0811, as follows: 

Sec.  173.0811.  STATEMENT FOR REIMBURSEMENT BY COUNTY CLERK. Requires the
county clerk to submit a written statement of estimated expenses to be
incurred in connection with a primary election to the secretary of state.
Provides that the statement must comply with Section 173.081(b), (c), and
(e). 

SECTION 29.  Amends Section 173.083, Election Code, to increase to 80
percent the percentage of the expenses paid by the state to a county in the
initial installment for a general or runoff primary. Makes conforming
changes. 

SECTION 30.  Amends Section 173.084, Election Code, to require each county
clerk to prepare a sworn report containing an itemized list of the actual
expenses incurred in connection with the general and runoff primaries by
the county clerk.  Requires the county clerk to file the report with the
secretary of state within 30 days of the runoff primary election or within
30 days of the general primary election if no runoff is held in the county. 

SECTION 31.  Amends Section 173.085(b), Election Code, to make a conforming
change. 

SECTION 32.  Amends Section 173.088, Election Code, to make a conforming
change. 

SECTION 33.  Amends Section 191.006(a), Election Code, to make a conforming
change. 

SECTION 34.  Amends Section 213.0111(a), Election Code, to make conforming
changes. 

SECTION 35.  Amends Section 231.007(a), Election Code, to delete existing
language to make conforming changes. 

SECTION 36.  Amends Section 231.008(c), Election Code, to make conforming
changes. 

SECTION 37.  Amends Section 232.013(d), Election Code, to make conforming
changes. 

SECTION 38.  Repealer: Sections 51.035 (Use of Count-Owned Equipment for
Primary Election), 123.033 (Acquisition of Equipment by Political Party for
Primary), 172.083 (Review and Approval  of Ballot by Primary Committee),
172.126 (Joint Primaries Authorized), 173.003 (Expenses Incurred by
County), and 173.011 (Financing of Joint Primary Elections Generally),
Election Code. 

SECTION 39.  Effective date: September 1, 1999.

SECTION 40.  Emergency clause.