bill replacing party primaries with one top-two primary

The text as introduced · 5,635 words

89R15719 MLH-D

By: Bhojani
H.B. No. 4453

A BILL TO BE ENTITLED

AN ACT

relating to nonpartisan primary elections; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 1.005(6) and (14), Election Code, are

amended to read as follows:

(6) "General election" means an election, other than a

primary election held by a political party under Chapter 172 or a

presidential primary election , that regularly recurs at fixed

dates.

(14) "Primary election" means , where the context

indicates, a general [ an ] election held [ by a political party under

Chapter 172 ] to select candidates [ its nominees ] for public office,

and, unless the context indicates otherwise, the term includes an

election held by a political party under Chapter 172 to select party

officers and a presidential primary election.

SECTION 2. Section 13.122(a), Election Code, is amended to

read as follows:

(a) In addition to the other statements and spaces for

entering information that appear on an officially prescribed

registration application form, each official form must include:

(1) the statement: "I understand that giving false

information to procure a voter registration is perjury and a crime

under state and federal law.";

(2) a space for the applicant's registration number;

(3) a space for the applicant's Texas driver's license

number or number of a personal identification card issued by the

Department of Public Safety;

(4) a space for the applicant's telephone number;

(5) a space for the applicant's social security

number;

(6) a space for the applicant's sex;

(7) a statement indicating that the furnishing of the

applicant's telephone number and sex is optional;

(8) a space or box for indicating whether the

applicant or voter is submitting new registration information or a

change in current registration information;

(9) a statement instructing a voter who is using the

form to make a change in current registration information to enter

the voter's name and the changed information in the appropriate

spaces on the form;

(10) a statement that if the applicant declines to

register to vote, that fact will remain confidential and will be

used only for voter registration purposes;

(11) a statement that if the applicant does register

to vote, information regarding the agency or office to which the

application is submitted will remain confidential and will be used

only for voter registration purposes;

(12) a space or box for indicating whether the

applicant is interested in working as an election judge;

(13) a statement warning that a conviction for making

a false statement may result in imprisonment for up to the maximum

amount of time provided by law, a fine of up to the maximum amount

provided by law, or both the imprisonment and the fine;

(14) a space or box for indicating the applicant's

party affiliation or alignment, if any; and

(15) [ (14) ] any other voter registration information

required by federal law or considered appropriate and required by

the secretary of state.

SECTION 3. Section 31.032(a), Election Code, is amended to

read as follows:

(a) The position of county elections administrator is

filled by appointment of the county election commission, which

consists of:

(1) the county judge, as chair;

(2) the county clerk, as vice chair;

(3) the county tax assessor-collector, as secretary;

and

(4) the county chair of each political party that

holds a [ made nominations by ] primary election in the year [ for the

last general election for state and county officers ] preceding the

date of the meeting at which the appointment is made.

SECTION 4. Section 31.124(b), Election Code, is amended to

read as follows:

(b) A county election officer of each county shall deliver

written notice of the time and place of the meeting required by

Subsection (a) not later than 72 hours before the meeting date to

the county chair of each political party that made nominations in

the most recent presidential [ by ] primary election [ for the general

election for state and county officers ] preceding the date of the

meeting.

SECTION 5. Section 31.153(a), Election Code, is amended to

read as follows:

(a) The joint elections commission consists of:

(1) from each county that has adopted an order to have

its elections conducted by the joint elections administrator, the

county judge, county clerk, and county tax assessor-collector;

(2) from each county described in Subdivision (1), the

county chair of each political party that made nominations in the

most recent presidential [ by ] primary election [ for the last

general election for state and county officers ] preceding the date

of the meeting at which the appointment is made; and

(3) a representative from each participating entity

other than a county.

SECTION 6. 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 7. 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 8. Sections 41.007(a) and (b), Election Code, are

amended to read as follows:

(a) The date for the general primary election and for a

primary election held by a political party under Chapter 172 [ date ]

is the first Tuesday in March in each even-numbered year.

(b) The runoff [ primary ] election date for a primary

election held by a political party under Chapter 172 is the fourth

Tuesday in May following the general primary election.

SECTION 9. Section 51.002(b), Election Code, is amended to

read as follows:

(b) For the general election for state and county officers

and for a special election for an officer regularly elected at the

general election, the county election board consists of the county

judge, county clerk, voter registrar, sheriff, and county chair of

each political party that holds a [ required to nominate candidates

by ] primary election. For other elections, the board consists of

the county judge, county clerk, voter registrar, and sheriff.

SECTION 10. 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 11. 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 in order of the county chair's

preference. 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. The county election board shall appoint persons as

members of the early voting ballot board in the order of preference

indicated on each list.

(d) In addition to the members appointed under Subsection

(c), the county election board shall appoint as the presiding judge

the highest-ranked person on 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 and as the alternate

presiding judge the highest-ranked person on the list provided

under that subsection by the political party whose nominee for

president [ governor ] received the second most votes in the county

in the most recent presidential [ gubernatorial ] general election.

SECTION 12. 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 in order of the county chair's

preference. The authority shall appoint at least two persons from

each list in the order of preference indicated on each list to serve

as members of the committee. The same number of members must be

appointed from each list. The authority shall appoint as chair of

the committee the highest-ranked person on 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. The authority shall appoint as

vice chair of the committee the highest-ranked person on the list

provided by the political party whose nominee for president

[ governor ] received the second 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 13. Section 141.001(a), Election Code, is amended

to read as follows:

(a) To be eligible to be a candidate for, or elected or

appointed to, a public elective office in this state, a person must:

(1) be a United States citizen;

(2) be 18 years of age or older on the first day of the

term to be filled at the election or on the date of appointment, as

applicable;

(3) have not been determined by a final judgment of a

court exercising probate jurisdiction to be:

(A) totally mentally incapacitated; or

(B) partially mentally incapacitated without the

right to vote;

(4) have not been finally convicted of a felony from

which the person has not been pardoned or otherwise released from

the resulting disabilities;

(5) have resided continuously in the state for 12

months and in the territory from which the office is elected for six

months immediately preceding the following date:

(A) for a candidate whose name is to appear on a

general primary election ballot, the date of the regular filing

deadline for a candidate's application for a place on the ballot;

(B) for a [ an independent ] candidate for office

in an election where candidates are not nominated by primary

election , the date of the regular filing deadline for a candidate's

application for a place on the ballot;

(C) for a write-in candidate, the date of the

election at which the candidate's name is written in;

(D) for a party nominee who is nominated by any

method other than by primary election, the date the nomination is

made; and

(E) for an appointee to an office, the date the

appointment is made;

(6) on the date described by Subdivision (5), be

registered to vote in the territory from which the office is

elected; and

(7) satisfy any other eligibility requirements

prescribed by law for the office.

SECTION 14. Subchapter A, Chapter 141, Election Code, is

amended by adding Sections 141.005 and 141.006 to read as follows:

Sec. 141.005. PRIMARY ELECTION REQUIRED. (a) Except as

otherwise provided by this code, candidates in the general election

for offices of state and county government and the United States

Congress must be chosen by primary election as provided by this

code.

(b) All eligible voters may vote in a primary election

described by this section without regard to political party

alignment.

(c) A political party or state executive committee may not

nominate candidates in the general election for offices of state

and county government and the United States Congress. This

subsection may not be interpreted to prohibit a political party or

state executive committee from endorsing, supporting, or opposing

those candidates.

(d) The secretary of state shall adopt rules to implement

this section.

Sec. 141.006. DETERMINATION OF CANDIDATES FOR GENERAL

ELECTION. (a) Notwithstanding any other provision of this code,

the two candidates who receive the highest and second highest

number of votes in a primary election held to choose candidates for

the general election for offices of state and county government and

the United States Congress are the candidates for that election.

(b) The secretary of state shall adopt rules to implement

this section.

SECTION 15. Subchapter B, Chapter 141, Election Code, is

amended by adding Section 141.030 to read as follows:

Sec. 141.030. APPLICATION REQUIRED. (a) To be entitled to

a place on the general primary election ballot under Section

141.005, a candidate must make an application for a place on the

ballot.

(b) An application must, in addition to complying with

Section 141.031, be accompanied by the appropriate filing fee or a

petition in lieu of the filing fee that satisfies the requirements

prescribed by Section 141.062.

(c) A candidate may indicate the candidate's party

affiliation or alignment, if any, on the application.

(d) An application filed by mail is considered to be filed

at the time of its receipt by the appropriate authority.

(e) The circulation of a petition to be filed under this

subchapter in connection with a candidate's application for a place

on the ballot does not constitute candidacy or an announcement of

candidacy for purposes of the automatic resignation provisions of

Section 65, Article XVI, or Section 11, Article XI, Texas

Constitution.

(f) A candidate for an office specified by Section

141.0315(a)(8), (10), or (12), or for justice of the peace in a

county with a population of more than 1.5 million, who chooses to

pay the filing fee must also accompany the application with a

petition for a place on the primary ballot as a candidate for

judicial office that complies with the requirements prescribed for

the petition authorized by Subsection (b), except that the minimum

number of signatures that must appear on the petition required by

this subsection is 250. If the candidate chooses to file the

petition authorized by Subsection (b) in lieu of the filing fee, the

minimum number of signatures required for that petition is

increased by 250. Signatures on a petition filed under this

subsection or Subsection (b) by a candidate covered by this

subsection may not be obtained on the grounds of a county courthouse

or courthouse annex.

(g) A candidate for the office of chief justice or justice,

supreme court, or presiding judge or judge, court of criminal

appeals, who chooses to pay the filing fee must also accompany the

application with a petition that complies with the requirements

prescribed for a petition authorized by Subsection (b), except that

the minimum number of signatures that must appear on the petition

required by this subsection is 50 from each court of appeals

district.

SECTION 16. Section 172.024, Election Code, is transferred

to Subchapter B, Chapter 141, Election Code, and redesignated as

Section 141.0315, Election Code, to read as follows:

Sec. 141.0315 [ 172.024 ]. FILING FEE. (a) The filing fee

for a candidate for nomination in the general primary election is as

follows:

(1) United States senator$5,000

(2) office elected statewide, except United States

senator3,750

(3) United States representative3,125

(4) state senator1,250

(5) state representative750

(6) member, State Board of Education300

(7) chief justice or justice, court of appeals, other

than a justice specified by Subdivision (8)1,875

(8) chief justice or justice of a court of appeals that

serves a court of appeals district in which a county with a

population of more than 1.2 million is wholly or partly

situated2,500

(9) district judge or judge specified by Section

52.092(d) for which this schedule does not otherwise prescribe a

fee1,500

(10) district or criminal district judge of a court in

a judicial district wholly contained in a county with a population

of more than 1.5 million2,500

(11) judge, statutory county court, other than a judge

specified by Subdivision (12)1,500

(12) judge of a statutory county court in a county with

a population of more than 1.5 million2,500

(13) district attorney, criminal district attorney,

or county attorney performing the duties of a district

attorney1,250

(14) county commissioner, district clerk, county

clerk, sheriff, county tax assessor-collector, county treasurer,

or judge, constitutional county court:

(A) county with a population of 200,000 or

more1,250

(B) county with a population of under

200,000750

(15) justice of the peace or constable:

(A) county with a population of 200,000 or

more1,000

(B) county with a population of under

200,000375

(16) county surveyor75

(17) office of the county government for which this

schedule does not otherwise prescribe a fee750

(b) If a fee prescribed by Subsection (a) is declared

invalid by a final judgment of a court, the secretary of state shall

prescribe a filing fee consistent with the judgment to replace the

invalidated fee.

SECTION 17. Subchapter B, Chapter 141, Election Code, is

amended by adding Section 141.0316 to read as follows:

Sec. 141.0316. NUMBER OF PETITION SIGNATURES REQUIRED. The

minimum number of signatures that must appear on the petition

authorized by Section 141.030(b) is:

(1) 5,000, for a statewide office; or

(2) for a district, county, or precinct office, the

lesser of:

(A) 500; or

(B) two percent of the total vote received in the

district, county, or precinct, as applicable, by all the candidates

for governor in the most recent gubernatorial general election,

unless that number is under 50, in which case the required number of

signatures is the lesser of:

(i) 50; or

(ii) 20 percent of that total vote.

SECTION 18. Section 141.039, Election Code, is amended to

read as follows:

Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to

the other statements and spaces for entering information that

appear on an officially prescribed form for an application for a

place on the ballot, each official form for an application that a

candidate is required to file under this code must include:

(1) a space for indicating the form in which the

candidate's name is to appear on the ballot;

(2) a space for the candidate's public mailing

address;

(3) spaces for the candidate's home and office

telephone numbers and e-mail address at which the candidate

receives correspondence relating to the candidate's campaign;

(4) a statement informing candidates that the

furnishing of the telephone numbers is optional;

(5) a statement informing candidates that knowingly

providing false information on the application under Section

141.031(a)(4)(G) constitutes a Class B misdemeanor; [ and ]

(6) a statement informing candidates that a candidate

who indicates under Section 141.031(a)(4)(G) that the candidate has

been convicted of a felony must comply with the requirements of

Section 141.031(a-1) ; and

(7) in an election where nominating partisan

candidates is authorized, space for the candidate to list a party

affiliation .

SECTION 19. 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 20. Section 145.001(e), Election Code, is amended

to read as follows:

(e) This section does not apply to a candidate :

(1) for president or vice-president of the United

States ; or

(2) chosen by general primary election .

SECTION 21. Sections 145.003(b) and (h), Election Code, are

amended to read as follows:

(b) Except as provided by Subsection (f-1), a candidate in

the general election for state and county officers may be declared

ineligible before the 30th day preceding election day by[ :

[ (1) the party officer responsible for certifying the

candidate's name for placement on the general election ballot, in

the case of a candidate who is a political party's nominee;

[ (2) ] the authority with whom the candidate's

application for a place on the ballot is required to be filed[ , in

the case of an independent candidate; ] or

[ (3) ] the secretary of state, if the candidate is

ineligible under Subsection (f)(3).

(h) If a candidate is declared ineligible [ after the

deadline for omitting an ineligible candidate's name from the

ballot ], the authority making the declaration shall promptly

certify in writing the declaration of ineligibility to the

canvassing authority for the election.

SECTION 22. The heading to Subchapter D, Chapter 145,

Election Code, is amended to read as follows:

SUBCHAPTER D. CANDIDATE IN ELECTION IN WHICH CANDIDATES ARE NOT

CHOSEN BY [ OTHER THAN ] GENERAL PRIMARY ELECTION [ FOR STATE AND

COUNTY OFFICERS ]

SECTION 23. Section 146.0231(a), Election Code, is amended

to read as follows:

(a) The filing fee for a write-in candidate is the amount

prescribed by Section 141.0315 [ 172.024 ] for a candidate [ for

nomination ] for the same office in a general primary election.

SECTION 24. Section 146.0232, Election Code, is amended to

read as follows:

Sec. 146.0232. NUMBER OF PETITION SIGNATURES REQUIRED. The

minimum number of signatures that must appear on the petition

authorized by Section 146.023(b) is the number prescribed by

Section 141.0316 [ 172.025 ] to appear on a petition of a candidate

[ for nomination ] for the same office in a general primary election.

SECTION 25. Chapter 161, Election Code, is amended by

adding Section 161.0035 to read as follows:

Sec. 161.0035. PARTY PRIMARY ELECTIONS. In this title, any

reference to a general primary election, primary election, or

nominating convention means an election or convention restricted to

the selection of:

(1) party officers; or

(2) a party's nominees for president or

vice-president.

SECTION 26. 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 district office ] on the

most recent general election ballot.

SECTION 27. The heading to Subtitle B, Title 10, Election

Code, is amended to read as follows:

SUBTITLE B. PARTIES SELECTING PARTY OFFICERS [ NOMINATING ] BY

PRIMARY ELECTION

SECTION 28. Section 172.002(c), Election Code, is amended

to read as follows:

(c) For a political party to be entitled to hold a primary

election [ under this section ], the state chair, not later than one

year before general election day, must deliver written notice to

the secretary of state that the party will hold a primary election

in the general election year.

SECTION 29. Section 172.021(e), Election Code, is amended

to read as follows:

(e) A candidate for an office specified by Section

141.0315(a)(8) [ 172.024(a)(8) ], (10), or (12), or for justice of

the peace in a county with a population of more than 1.5 million,

who chooses to pay the filing fee must also accompany the

application with a petition for a place on the primary ballot as a

candidate for judicial office that complies with the requirements

prescribed for the petition authorized by Subsection (b), except

that the minimum number of signatures that must appear on the

petition required by this subsection is 250. If the candidate

chooses to file the petition authorized by Subsection (b) in lieu of

the filing fee, the minimum number of signatures required for that

petition is increased by 250. Signatures on a petition filed under

this subsection or Subsection (b) by a candidate covered by this

subsection may not be obtained on the grounds of a county courthouse

or courthouse annex.

SECTION 30. Section 172.061(a), Election Code, is amended

to read as follows:

(a) Except for Section [ Sections 172.058(b), ] 172.059(c),

[ and 172.060(b), ] this subchapter applies to a candidate for county

chair or precinct chair.

SECTION 31. 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 32. Section 172.089, Election Code, is amended to

read as follows:

Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party

offices of county chair and precinct chair shall be listed on the

primary election ballot after the candidates for the presidential

and vice-presidential nomination [ public offices ] with the office

of county chair listed first.

SECTION 33. Section 172.112, Election Code, is amended to

read as follows:

Sec. 172.112. WRITE-IN VOTING. Write-in voting in a

primary election is [ not ] permitted only for the offices of county

chair and precinct chair .

SECTION 34. 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 governor received

the most votes in the county in the most recent gubernatorial

general election. ]

SECTION 35. Section 173.083(d), Election Code, is amended

to read as follows:

(d) The final installment may not be paid until a report is

filed in compliance with Section 173.084 [ and, in the case of a

county chair, a report is also filed in compliance with Section

172.124 ]. On the filing of the report, the secretary of state shall

calculate the amount of the final installment and prepare and

deliver to the comptroller of public accounts a certified statement

indicating that amount and the appropriate county or state chair's

name.

SECTION 36. Section 191.001, Election Code, is amended to

read as follows:

Sec. 191.001. PARTIES REQUIRED TO HOLD PRESIDENTIAL PRIMARY

ELECTION. To be entitled to have its nominees for president and

vice-president of the United States placed on the general election

ballot in a particular presidential election year, a political

party must hold a presidential primary election in this state if:

(1) [ in the presidential election year, the party is

required by this code to nominate its candidates for state and

county offices by primary election;

[ (2) ] a presidential primary election is authorized

under national party rules; and

(2) [ (3) ] before January 1 of the presidential

election year, the national party has determined that it will hold a

national presidential nominating convention that year.

SECTION 37. The heading to Section 191.031, Election Code,

is amended to read as follows:

Sec. 191.031. NATIONAL PRESIDENTIAL NOMINATING CONVENTION

[ PARTY HOLDING PRIMARY ELECTION ].

SECTION 38. Sections 191.031(a) and (b), Election Code, are

amended to read as follows:

(a) If a political party [ holding a primary election in a

presidential election year ] desires to send delegates to a national

presidential nominating convention of the party, the party shall

select the delegates at a state convention convened on a date

adopted by the state executive committee occurring in the

presidential election year. [ Before the date of the party's

precinct conventions held under Chapter 174, the party's state

executive committee shall choose the date, hour, and place for the

state convention. ]

(b) The state convention shall consist of delegates

selected at the party's county and senatorial district conventions

[ held under Chapter 174 ].

SECTION 39. Section 202.004(a), Election Code, is amended

to read as follows:

(a) A candidate [ political party's nominee ] for an

unexpired term must be chosen [ nominated ] by primary election if[ :

[ (1) the political party is making nominations by

primary election for the general election in which the vacancy is to

be filled; and

[ (2) ] the vacancy occurs on or before the fifth day

before the date of the regular deadline for candidates to file

applications for a place on the general primary ballot.

SECTION 40. Section 203.005(b), Election Code, is amended

to read as follows:

(b) An application must, in addition to complying with

Section 141.031:

(1) state the political party with which the candidate

is aligned or, if the candidate is not aligned with a party, state

that fact; and

(2) be accompanied by:

(A) a filing fee in the amount prescribed by

Section 141.0315 [ 172.024 ] for a candidate for [ nomination for ] the

same office in a general primary election; or

(B) a petition that satisfies the requirements

prescribed by Section 141.062.

SECTION 41. 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 42. The following provisions are repealed:

(1) Subtitle C, Title 10, Election Code;

(2) Chapter 142, Election Code;

(3) Subchapters B and C, Chapter 145, Election Code;

(4) Sections 161.008, 162.015, 162.016, 172.001,

172.117, 172.121, 172.122, 172.123, 172.124, 191.032, 202.005,

202.006, 202.007, 204.004, and 232.046, Election Code;

(5) Sections 171.054(e), 172.002(a), 172.058(b), and

172.060(b), Election Code; and

(6) Section 572.027(d), Government Code.

SECTION 43. This Act takes effect September 1, 2025.