bill rewriting several election rules

The text as introduced · 1,506 words

89R15849 MPF-D

By: Swanson
H.B. No. 4842

A BILL TO BE ENTITLED

AN ACT

relating to the conduct and administration of elections.

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

SECTION 1. Section 1.012, Election Code, is amended by

adding Subsections (i) and (j) to read as follows:

(i) Notwithstanding Chapter 552, Government Code, any

information on a ballot that relates to the specific polling place

at which the voter cast the ballot is confidential and not subject

to disclosure under that chapter.

(j) A county election official may withhold information

described by Subsection (i) without requesting a decision from the

attorney general under Subchapter G, Chapter 552, Government Code.

SECTION 2. Section 32.053(b), Election Code, is amended to

read as follows:

(b) This section does not apply to[ :

[ (1) ] a county clerk[ ; or

[ (2) a precinct chair declared elected under Section

171.0221 ].

SECTION 3. Sections 42.0051(a) and (c), Election Code, are

amended to read as follows:

(a) Notwithstanding Section 43.005, a commissioner's court

may combine county election precincts for a general or special

election [ This section applies only to a county with a population of

less than 1.2 million that does not participate in the countywide

polling place program described by Section 43.007 ].

(c) A combined precinct under this section may not contain

less than 2,000 registered voters or more than 5,000 [ 10,000 ]

registered voters.

SECTION 4. Section 43.007(a), Election Code, is amended to

read as follows:

(a) The secretary of state shall implement a program to

allow each commissioners court participating in the program to

[ eliminate county election precinct polling places and ] establish

countywide polling places at each county election precinct for:

(1) any election required to be conducted by the

county;

(2) any election held as part of a joint election

agreement with a county under Chapter 271;

(3) any election held under contract for election

services with a county under Subchapter D, Chapter 31;

(4) each primary election and runoff primary election

if:

(A) the county chair or county executive

committee of each political party participating in a joint primary

election under Section 172.126 agrees to the use of countywide

polling places; or

(B) the county chair or county executive

committee of each political party required to nominate candidates

by primary election agrees to use the same countywide polling

places; and

(5) each election of a political subdivision located

in the county that is held jointly with an election described by

Subdivision (3) or (4).

SECTION 5. Section 65.014(c), Election Code, is amended to

read as follows:

(c) The returns shall be prepared as an original and three

copies, and on completing the returns, the presiding judge shall :

(1) complete a reconciliation of the number of voters

and the number of votes cast; and

(2) sign each return [ one ] to certify its accuracy.

SECTION 6. Section 129.023(c), Election Code, is amended to

read as follows:

(c) The general custodian of election records shall adopt

procedures for testing that:

(1) direct the testing board to cast votes;

(2) verify that each contest position, as well as each

precinct and ballot style, on the ballot can be voted and is

accurately counted;

(3) include overvotes and undervotes for each race, if

applicable to the system being tested;

(4) include write-in votes, when applicable to the

election;

(5) include provisional votes, if applicable to the

system being tested;

(6) calculate the expected results from the test

ballots;

(7) ensure that each voting machine has any public

counter reset to zero and presented to the testing board for

verification before testing;

(8) require that, for each feature of the system that

allows disabled voters to cast a ballot, at least one vote be cast

and verified by a two-person testing board team using that feature;

[ and ]

(9) require that, when all votes are cast, the general

custodian of election records and the testing board observe the

tabulation of all ballots and compare the actual results to the

expected results ; and

(10) verify that, for an election in which a poll list

in the form of an electronic device is used, the precinct and ballot

style associated with each voter on the poll list matches the

precinct and ballot style provided to the voter .

SECTION 7. Sections 171.022(a) and (b), Election Code, are

amended to read as follows:

(a) A county executive committee consists of:

(1) a county chair, who is the presiding officer,

elected at the general primary election by majority vote of the

qualified voters of the county who vote in the primary on that

office or appointed by the county executive committee as provided

by this subchapter; and

(2) a precinct chair from each county election

precinct, elected using hand-marked paper ballots at the political

party's convention or other party meeting and as otherwise provided

by party rule [ at the general primary by majority vote of the

qualified voters of the precinct who vote in the primary on that

office, subject to Section 171.0221 ], or appointed by the county

executive committee as provided by this subchapter.

(b) Except as provided by Subsection (d), if no candidate

for county chair receives a majority of the votes, a runoff to

determine the chair [ office ] is conducted in the same manner as a

runoff primary election to determine a nomination for public

office. The candidates to be in a runoff are determined in the same

manner as candidates in a runoff for a nomination.

SECTION 8. Section 171.0231, Election Code, is amended to

read as follows:

Sec. 171.0231. WRITE-IN CANDIDATE FOR COUNTY CHAIR [ OR

PRECINCT CHAIR ]. (a) Write-in candidates are not permitted for

county chair [ or precinct chair ] unless a county executive

committee authorizes write-in candidates.

(b) If the county executive committee authorizes write-in

candidates:

(1) a write-in vote for the office of county chair or

precinct chair may not be counted unless the name written in appears

on the list of write-in candidates;

(2) to be entitled to a place on the list of write-in

candidates, a candidate must make a declaration of write-in

candidacy;

(3) a declaration of write-in candidacy must be filed

with the authority with whom an application for a place on the

ballot is required to be filed for the office;

(4) a declaration of write-in candidacy must be filed

not later than 6 p.m. of the fifth day after the date of the filing

deadline for the general primary election;

(5) with the appropriate modifications and to the

extent practicable, Subchapter B, Chapter 146, applies to write-in

voting for the office of county chair [ or precinct chair ]; and

(6) the secretary of state shall prescribe any

procedures necessary to implement this subsection.

SECTION 9. Section 171.028(a), Election Code, is amended to

read as follows:

(a) Not later than the 30th day after the date the term of

office of a new county chair begins, the person formerly serving as

the county chair shall transfer to the new county chair:

(1) local party bank accounts over which the former

county chair has authority; and

(2) the following original records that are in the

possession of the former county chair:

(A) [ precinct chair and ] county chair canvass

results;

(B) candidate applications;

(C) paperwork related to the primary election;

and

(D) other documents concerning party affairs.

SECTION 10. Section 172.023(b), Election Code, is amended

to read as follows:

(b) An application[ , other than an application for the

office of precinct chair, ] may not be filed earlier than the 30th

day before the date of the regular filing deadline. [ An application

for the office of precinct chair may not be filed earlier than the

90th day before the date of the regular filing deadline. ]

SECTION 11. Section 172.061, Election Code, is amended to

read as follows:

Sec. 172.061. CANDIDATE FOR PARTY OFFICE. (a) Except for

Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter

applies to a candidate for county chair [ or precinct chair ].

(b) If a runoff candidate for county chair [ or precinct

chair ] withdraws, the remaining candidate is considered to be

elected and the runoff election for that office is not held.

SECTION 12. Section 172.089, Election Code, is amended to

read as follows:

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

office [ offices ] of county chair [ and precinct chair ] shall be

listed on the primary election ballot after the public offices

[ with the office of county chair listed first ].

SECTION 13. The following provisions of the Election Code

are repealed:

(1) Section 42.0051(a-1);

(2) Sections 43.007(f), (g), (h), (m), and (n);

(3) Section 124.065;

(4) Section 172.090; and

(5) Section 173.082(e).

SECTION 14. The changes in law made by this Act apply to an

election ordered on or after the effective date of this Act.

SECTION 15. This Act takes effect September 1, 2025.