83R8426 JRJ-D
	By: Strama	H.B. No. 1842

	A BILL TO BE ENTITLED
	AN ACT
	relating to the selection of certain candidates for office through
	a unitary primary election.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 172, Election Code, is amended by adding
	Subchapter F to read as follows:
	SUBCHAPTER F. USE OF UNITARY PRIMARY
	Sec. 172.201.  APPLICABILITY OF SUBCHAPTER. (a)  This
	subchapter applies only to the election for a statewide office or
	the office of state senator or state representative for a full term
	at the general election for state and county officers. This
	subchapter does not apply to a special election held to fill a
	vacancy in those offices, including a special election held in
	conjunction with the general election for state and county
	officers.
	(b)  This subchapter does not apply to an election of a
	candidate for the office of president or vice-president of the
	United States.
	Sec. 172.202.  CONFLICTS. To the extent of any conflict
	between this subchapter and another provision of this code with
	regard to an office to which this subchapter applies, this
	subchapter controls.
	Sec. 172.203.  UNITARY PRIMARY REQUIRED. (a) Instead of
	following the primary process established by the other subchapters
	of this chapter, the nominating process established by Chapter 181,
	the independent candidacy provisions of Chapter 142, or the
	write-in candidacy provisions of Subchapter B, Chapter 146, all
	candidates for an office to which this subchapter applies must
	appear on the unitary primary election ballot and face election at
	the unitary primary election established under this subchapter.
	(b)  A political party may not make a nomination for an
	office elected at the unitary primary election.
	Sec. 172.204.  APPLICATION REQUIRED. (a) To be entitled to
	a place on the unitary primary election ballot, a candidate must
	make an application for a place on the ballot.
	(b)  In addition to complying with Section 141.031, an
	application must:
	(1)  state the party preference of the candidate or
	state that the candidate is running as an independent candidate;
	and
	(2)  be accompanied by:
	(A)  a filing fee in the amount prescribed by
	Section 172.024 as if the office did appear on the general primary
	election ballot; or
	(B)  a petition that satisfies the requirements
	prescribed by Section 141.062 and contains at least the number of
	signatures prescribed by Section 172.025 to appear on the petition
	of a candidate as if the office did appear on the general primary
	election ballot.
	(c)  A person is eligible to sign a petition under Subsection
	(b)(2)(B) regardless of the person's affiliation with a political
	party, and the person's signature on the petition does not affect
	the person's ability to affiliate with or participate in the
	affairs of a political party.
	Sec. 172.205.  AUTHORITY WITH WHOM APPLICATION FILED:
	DISPOSITION OF FILING FEE. (a) An application for a place on the
	unitary primary election ballot must be filed during the period
	prescribed by Section 172.023 with the secretary of state.
	(b)  A filing fee received by the secretary of state shall be
	deposited in the general revenue fund.
	Sec. 172.206.  PREPARATION OF BALLOT FOR PRIMARY ELECTION.
	(a) The county clerk shall prepare the ballot for the unitary
	primary election.
	(b)  The secretary of state shall certify the name of each
	candidate who has filed an application for a place on the ballot
	that complies with the requirements as to form, content, and
	procedure that the application must satisfy for the candidate's
	name to be placed on the ballot.
	(c)  For each office that is to appear on the ballot, the
	clerk shall list the name of each candidate certified under
	Subsection (b) and include next to the name the candidate's party
	preference or independent status as designated on the application
	under Section 172.204(b)(1).
	Sec. 172.207.  CONDUCT OF UNITARY PRIMARY ELECTION. The
	unitary primary election is held in conjunction with the general
	primary election. Each political party holding a primary election
	shall also provide a separate ballot for the unitary primary
	election. Any eligible voter may vote in the unitary primary
	election, and a person who votes only in the unitary primary
	election does not become affiliated with a political party.
	Sec. 172.208.  CANVASS; RESULTS OF PRIMARY ELECTION.  (a)  In
	the manner provided by Chapter 67:
	(1)  the local canvass shall be conducted by the
	commissioners court of each county; and
	(2)  the state canvass shall be conducted by the
	governor.
	(b)  For each office that appears on the unitary primary
	election ballot, the authority that conducts the final canvass for
	that office shall certify to the county clerk for inclusion on the
	ballot for the general election for state and county officers the
	names of the candidate who received the greatest number of votes and
	the candidate who received the second greatest number of votes.
	Sec. 172.209.  PREPARATION OF BALLOT FOR GENERAL ELECTION.
	(a) Offices for which a unitary primary election was held shall
	appear on the ballot for the general election for state and county
	officers:
	(1)  following the office of president or
	vice-president of the United States;
	(2)  before the offices, other than the office of
	president or vice-president of the United States, for which
	nominees are chosen at primary elections or conventions; and
	(3)  under a heading that indicates the candidates for
	office were chosen at the unitary primary election and a statement
	that indicates a straight-party vote is not tallied for those
	offices.
	(b)  For each office for which a unitary primary election was
	held, the county clerk shall place on the ballot the name of each
	candidate certified under Section 172.208(b) and the party
	preference or independent status that the candidate provided on the
	application under Section 172.204(b)(1).
	Sec. 172.210.  CONDUCT OF GENERAL ELECTION. (a)  At the
	general election for state and county officers, a straight-party
	vote is not tallied for an office for which a unitary primary
	election was held.
	(b)  Subchapter C, Chapter 145, applies to a candidate in the
	general election for state and county officers.
	Sec. 172.211.  RULES. The secretary of state shall adopt
	rules as necessary to implement this subchapter.
	SECTION 2.  Section 32.002(c), Election Code, is amended to
	read as follows:
	(c)  The presiding judge and alternate presiding judge must
	be affiliated or aligned with different political parties, subject
	to this subsection. Before July of each year in a county to which
	Subsection (a)(1) applies or before August of each year in a county
	to which Subsection (a)(2) applies, the county chair of a political
	party whose candidate for president [governor] received the highest
	or second highest number of votes in the county in the most recent
	presidential [gubernatorial] general election shall submit in
	writing to the commissioners court a list of names of persons in
	order of preference for each precinct who are eligible for
	appointment as an election judge. The county chair may supplement
	the list of names of persons until the 20th day before a general
	election or the 15th day before a special election in case an
	appointed election judge becomes unable to serve. The
	commissioners court shall appoint the first person meeting the
	applicable eligibility requirements from the list submitted in
	compliance with this subsection by the party with the highest
	number of votes in the precinct in the most recent presidential
	general election as the presiding judge and the first person
	meeting the applicable eligibility requirements from the list
	submitted in compliance with this subsection by the party with the
	second highest number of votes in the precinct as the alternate
	presiding judge. If the candidates for president [governor] of two
	political parties received the same number of votes in the
	precinct, the first person meeting the applicable eligibility
	requirements from the list submitted by the party whose candidate
	for president [governor] received the highest number of votes in
	the county shall be appointed as the presiding judge and the first
	person meeting the applicable eligibility requirements from the
	list submitted by the party whose candidate for president
	[governor] received the second highest number of votes in the
	county shall be appointed as the alternate presiding judge. The
	commissioners court may reject the list if the persons whose names
	are submitted on the list are determined not to meet the applicable
	eligibility requirements.
	SECTION 3.  Sections 32.034(b) and (e), Election Code, are
	amended to read as follows:
	(b)  The county chair of a political party whose candidate
	for president [governor] received the highest or second highest
	number of votes in the county in the most recent presidential
	[gubernatorial] general election may, not later than the 25th day
	before a general election or the 10th day before a special election
	to which Subsection (a) applies, submit to a presiding judge a list
	containing the names of at least two persons who are eligible for
	appointment as a clerk. If a timely list is submitted, the presiding
	judge shall appoint at least one clerk from the list, except as
	provided by Subsection (c).
	(e)  If a presiding judge has not been appointed at the time
	the county chair of a political party is required to submit a list
	of names for the appointment of a clerk under this section, the list
	of names shall be submitted to the county chair of the political
	party whose candidate for president [governor] received the most
	votes in the precinct in the most recent presidential
	[gubernatorial] election and to the commissioners court. The
	county chair, or the commissioners court in a county without a
	county chair, shall appoint clerks from the list in the same manner
	provided for a presiding judge to appoint clerks by this section.
	SECTION 4.  Section 52.091(b), Election Code, is amended to
	read as follows:
	(b)  Columns of parties specified by Subsection (a)(1) shall
	be arranged in descending order of the number of votes received
	statewide by each party's candidate for president [governor] in the
	most recent presidential [gubernatorial] general election,
	beginning on the left with the party whose candidate received the
	highest number of votes. Columns of parties that did not have a
	candidate for president [governor] in the most recent presidential
	[gubernatorial] general election shall appear after the columns of
	parties that had a candidate, and the order of their columns shall
	be determined by a drawing conducted by the secretary of state.
	SECTION 5.  Section 85.062(e), Election Code, is amended to
	read as follows:
	(e)  In an election covered by Subsection (d), a temporary
	branch polling place that is movable may be established only with
	the approval of the county clerk. If a movable temporary branch
	polling place is established on the request of a political party,
	each other political party whose nominee for president [governor]
	in the most recent presidential [gubernatorial] general election
	received more than 10 percent of the total number of votes received
	by all candidates for president [governor] in the election is
	entitled to establishment of such a polling place. The election
	officers serving a polling place covered by this subsection must be
	affiliated or aligned with different political parties to the
	extent possible. The secretary of state, after consulting the state
	chair of each affected political party, shall prescribe the
	procedures necessary to implement this subsection.
	SECTION 6.  Sections 87.002(c) and (d), Election Code, are
	amended to read as follows:
	(c)  In the general election for state and county officers,
	each county chair of a political party with an affiliated candidate
	[nominees] on the general election ballot shall submit to the
	county election board a list of names of persons eligible to serve
	on the early voting ballot board. The county election board shall
	appoint at least one person from each list to serve as a member of
	the early voting ballot board. The same number of members must be
	appointed from each list.
	(d)  In addition to the members appointed under Subsection
	(c), the county election board shall appoint the presiding judge
	from the list provided under that subsection by the political party
	whose nominee for president [governor] received the most votes in
	the county in the most recent presidential [gubernatorial] general
	election.
	SECTION 7.  Section 87.027(d), Election Code, is amended to
	read as follows:
	(d)  The early voting clerk shall determine the number of
	members who are to compose the signature verification committee and
	shall state that number in the order calling for the committee's
	appointment. A committee must consist of not fewer than five
	members. In an election in which party alignment is indicated on the
	ballot, each county chair of a political party with a nominee or
	aligned candidate on the ballot shall submit to the appointing
	authority a list of names of persons eligible to serve on the
	signature verification committee. The authority shall appoint at
	least two persons from each list to serve as members of the
	committee. The same number of members must be appointed from each
	list. The authority shall appoint the chair of the committee from
	the list provided by the political party whose nominee for
	president [governor] received the most votes in the county in the
	most recent presidential [gubernatorial] general election. A
	vacancy on the committee shall be filled by appointment from the
	original list or from a new list submitted by the appropriate county
	chair.
	SECTION 8.  Section 141.070(a), Election Code, is amended to
	read as follows:
	(a)  If, since the most recent presidential [gubernatorial]
	general election, a district or precinct from which an officer of
	the federal, state, or county government is elected is created or
	has had its boundary changed, the number of votes received in the
	district or precinct by a political party's presidential
	[gubernatorial] candidate or by all the presidential
	[gubernatorial] candidates shall be estimated, as provided by this
	section, for the purpose of computing the number of signatures
	required on a candidate's petition.
	SECTION 9.  Section 163.006(d), Election Code, is amended to
	read as follows:
	(d)  Before January 15 of each year in which political
	parties hold precinct conventions under this title, the secretary
	of state shall deliver written notice of the requirements of this
	section to the state chair of each party that had a nominee for
	president or vice-president [a statewide] or a district office on
	the most recent general election ballot.
	SECTION 10.  Section 172.088(e), Election Code, is amended
	to read as follows:
	(e)  The minimum number of signatures that must appear on the
	petition is five percent of the total vote received by all
	candidates for president [governor] in the party's most recent
	presidential [gubernatorial] general primary election.
	SECTION 11.  Section 172.126(b), Election Code, is amended
	to read as follows:
	(b)  The county clerk shall determine whether to consolidate
	election precincts under Section 42.009 and shall designate the
	location of the polling place in a consolidated precinct. To the
	extent possible, a polling place shall be designated that will
	accommodate the precinct conventions of each political party. If a
	polling place, whether for a regular or consolidated precinct, is
	not suitable for more than one precinct convention, the polling
	place may be used by the party whose candidate for president
	[governor] received the most votes in the county in the most recent
	presidential [gubernatorial] general election.
	SECTION 12.  Section 257.005(a), Election Code, is amended
	to read as follows:
	(a)  Except as provided by this section, the following are
	subject to the requirements of this title that apply to a candidate
	for public office:
	(1)  a candidate for state chair of a political party
	with an affiliated candidate [a nominee] on the ballot in the most
	recent gubernatorial general election; and
	(2)  a candidate for election to the office of county
	chair of a political party with an affiliated candidate [a nominee]
	on the ballot in the most recent gubernatorial general election if
	the county has a population of 350,000 or more.
	SECTION 13.  This Act takes effect September 1, 2013.