HBA-JEK, NRS H.B. 3182 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3182
By: Danburg
Elections
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas primary election is held in March of each election
year. The date was changed from May to March by the 69th Texas Legislature
enabling Texas to participate with various other states in a "Super Tuesday
" primary during 1988 and subsequent elections. The purpose of the move was
to increase the state's influence in selecting presidential candidates.
However, this move may have contributed to a decrease in voter turnout in
Texas and an increase in the costs of political campaigns. House Bill 3182
moves the primary election back to May and makes other related changes.  

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. 

ANALYSIS

House Bill 3182 amends the Election Code to require that general or special
elections be held, among a list of three other possible specified dates, on
the fourth Saturday in March, rather than the first Saturday in May (Sec.
41.001). The bill authorizes a political subdivision other than a county to
change the date on which it holds its general election to another
authorized date, if the change is made no later than December 31, 2001,
rather than 1997. The bill prohibits an election on the new date from being
held before 2002, rather than 1998 (Sec. 41.0052). The bill changes the
general primary election date from the second Tuesday in March to the
second Saturday in May in each even-numbered year. The bill changes the
runoff primary election date from the second Tuesday in April to the second
Saturday in June. The bill changes the presidential primary election date
from the second Tuesday in March to the second Saturday in May (Sec.
41.007). 

The bill changes from January 2 to the last Monday in February the date on
which an application for a place on the general primary election ballot
must be filed (Sec. 172.023).  The bill extends the time period from the
62nd to the 64th day before general primary election day, during which a
candidate for nomination may not withdraw from the general primary election
(Sec. 172.052). The bill allows public notices of extended filing deadlines
for general primary ballot election ballot applications to be published on
weekends or recognized holidays (Sec. 172.055). 

The bill requires a county executive committee to convene to conduct the
local canvass at the county seat not earlier than 6 p.m. on the first
Monday, rather than Thursday, or later than 1 p.m. on the first Tuesday,
rather  than Friday, after the election day at the hour specified by the
county chair (Sec. 172.116). The bill requires the state executive
committee to convene to conduct the state canvass for the general primary
election on the second Monday, rather than Wednesday, after general primary
election day (Sec. 172.120). The bill requires the county and senatorial
district conventions to be held on the first, rather than the third,
Saturday after general primary election day. The bill deletes language
allowing this date to be changed if it falls on Passover and the day after
Good Friday (Sec. 174.063). The bill provides that a political party that
plans to make nominations for the general election of state and county
officers must register with the secretary of state not later than the
regular filing deadline for candidates in the general primary election,
rather than January 2 of the election year (Sec. 181.0041). 

The bill modifies the dates on which a party nominating by convention must
make its nominations for county and precinct offices and for offices of
districts (Sec. 181.061). The bill provides that an independent
presidential candidate's application for a place on the general election
ballot must be filed with the secretary of state not later than the second
Monday in July, rather than May, of the presidential election year (Sec.
192.032).  The bill provides that the term of a person who is serving as a
county or precinct chair of a political party on the effective date of the
Act ends on the 20th day after the second Saturday in June 2002 (SECTION
23). 

EFFECTIVE DATE

September 1, 2001.