Schofield Primary Bill Also Bars Party Members From Running Independent

The text as introduced · 4,222 words

89R1037 MPF-D

By: Schofield
H.B. No. 951

A BILL TO BE ENTITLED

AN ACT

relating to requiring a voter to be affiliated with a political

party to vote in that party's primary election or otherwise

participate in that party's affairs; creating a criminal offense.

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

SECTION 1. Section 13.002(c), Election Code, is amended to

read as follows:

(c) A registration application must include:

(1) the applicant's first name, middle name, if any,

last name, and former name, if any;

(2) the month, day, and year of the applicant's birth;

(3) a statement that the applicant is a United States

citizen;

(4) a statement that the applicant is a resident of the

county;

(5) a statement that the applicant has 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;

(6) a statement that the applicant has not been

finally convicted of a felony or that the applicant is a felon

eligible for registration under Section 13.001;

(7) the applicant's residence address or, if the

residence has no address, the address at which the applicant

receives mail and a concise description of the location of the

applicant's residence;

(8) the following information:

(A) the applicant's Texas driver's license number

or the number of a personal identification card issued by the

Department of Public Safety;

(B) if the applicant has not been issued a number

described by Paragraph (A), the last four digits of the applicant's

social security number; or

(C) a statement by the applicant that the

applicant has not been issued a number described by Paragraph (A) or

(B);

(9) if the application is made by an agent, a statement

of the agent's relationship to the applicant; [ and ]

(10) the city and county in which the applicant

formerly resided ; and

(11) the applicant's political party affiliation, if

any .

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; [ and ]

(14) a space for the applicant's political party

affiliation; and

(15) any other voter registration information

required by federal law or considered appropriate and required by

the secretary of state.

SECTION 3. Section 15.001(a), Election Code, is amended to

read as follows:

(a) Each voter registration certificate issued must

contain:

(1) the voter's name in the form indicated by the

voter, subject to applicable requirements prescribed by Section

13.002 and by rule of the secretary of state;

(2) the voter's residence address or, if the residence

has no address, the address at which the voter receives mail and a

concise description of the location of the voter's residence;

(3) the year of the voter's birth;

(4) the number of the county election precinct in

which the voter resides;

(5) the voter's effective date of registration if an

initial certificate;

(6) the voter's registration number;

(7) an indication of the period for which the

certificate is issued;

(8) a statement explaining the circumstances under

which the voter will receive a new certificate;

(9) a space for indicating [ stamping ] the voter's

political party affiliation;

(10) a statement that voting with the certificate by a

person other than the person in whose name the certificate is issued

is a felony;

(11) a space for the voter's signature;

(12) a statement that the voter must sign the

certificate personally, if able to sign, immediately on receipt;

(13) a space for the voter to correct the information

on the certificate followed by a signature line;

(14) the statement: "If any information on this

certificate changes or is incorrect, correct the information in the

space provided, sign below, and return this certificate to the

voter registrar.";

(15) the registrar's mailing address and telephone

number; and

(16) the jurisdictional or distinguishing number for

the following territorial units in which the voter resides, as

determined by the voter registrar:

(A) congressional district;

(B) state senatorial district;

(C) state representative district;

(D) commissioners precinct;

(E) justice precinct;

(F) city election precinct; and

(G) school district election precinct.

SECTION 4. Section 15.025(a), Election Code, is amended to

read as follows:

(a) Except as provided by Subsections (b) and (d) and

Section 162.003 , the registration of a voter described by this

subsection whose information is changed on the registration records

becomes effective as to the change on the 30th day after:

(1) the date the voter submits to the registrar a

notice of a change in registration information under Section 15.021

or a response under Section 15.053, indicating the change; or

(2) the date the voter submits a statement of

residence to an election officer under Section 63.0011 or a

registration application or change of address to an agency employee

under Chapter 20, indicating the change.

SECTION 5. Section 18.005(a), Election Code, is amended to

read as follows:

(a) Each original and supplemental list of registered

voters must:

(1) contain the voter's name, date of birth, and

registration number as provided by the statewide computerized voter

registration list;

(2) contain the voter's residence address, except as

provided by Subsections (b) and (c);

(3) be arranged alphabetically by voter name; [ and ]

(4) contain the notation required by Section 15.111 ;

and

(5) contain the voter's political party affiliation,

if any .

SECTION 6. Section 63.011(a), Election Code, is amended to

read as follows:

(a) A person to whom Section 63.001(g) , [ or ] 63.009 , or

172.1115(c) applies may cast a provisional ballot if the person

executes an affidavit stating that the person:

(1) is a registered voter in the precinct in which the

person seeks to vote; and

(2) is eligible to vote in the election.

SECTION 7. Section 112.002, Election Code, is amended by

adding Subsection (g) to read as follows:

(g) If the voter seeks a limited ballot for a party primary

election, the voter must indicate the political party the voter was

affiliated with at the address where the voter was previously

registered on the statement executed under Subsection (c). If the

early voting clerk can establish the voter's affiliation from the

previous registration, the voter is entitled to vote a limited

ballot in that party's primary.

SECTION 8. Section 142.004(a), Election Code, is amended to

read as follows:

(a) To be entitled to a place on the general election

ballot, a candidate must :

(1) make an application for a place on the ballot ; and

(2) not be affiliated with a political party at the

time the application is made .

SECTION 9. Section 142.008, Election Code, is amended to

read as follows:

Sec. 142.008. STATEMENT ON PETITION. The following

statement must appear at the top of each page of a candidate's

petition: "I know the purpose of this petition. I am not

affiliated with a political party that holds a primary election

[ have not voted in the general primary election or runoff primary

election of any political party that has nominated, at either

election, a candidate for the office of (insert office title) for

which (insert candidate's name) is a candidate ]."

SECTION 10. Section 142.009, Election Code, is amended to

read as follows:

Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A

signature on a candidate's petition is invalid if the signer:

(1) signed the petition on or before general primary

election day or, if a runoff primary is held for the office sought

by the candidate, on or before runoff primary election day; or

(2) is affiliated with a political party that holds a

primary election [ voted in the general or runoff primary election

of a political party that made a nomination, at either primary, for

the office sought by the candidate ].

SECTION 11. Section 161.005(a), Election Code, is amended

to read as follows:

(a) To be eligible to be a candidate for or to serve as an

officer of a political party, a person must:

(1) except as provided by Subsection (c), not be a

candidate for nomination or election to, or be the holder of, an

elective office of the federal, state, or county government; and

(2) if the office is a county or precinct chair of a

political party, be a qualified voter of the county and affiliated

with that political party .

SECTION 12. Section 162.001(a), Election Code, is amended

to read as follows:

(a) A person must be affiliated with a political party to be

eligible:

(1) to serve as a delegate to or otherwise participate

in a convention held by the party under this code;

(2) to be elected as a member of or be appointed to

fill a vacancy on a state executive committee;

(3) to be appointed to fill a vacancy on a county

executive committee;

(4) to vote in the party's primary election;

(5) to be a candidate in the party's primary election;

(6) to be the party's nominee for an office elected at

the general election for state and county officers;

(7) to be a presidential elector for the political

party; or

(8) [ (4) ] for any other purpose within the party as

adopted by state party rules.

SECTION 13. Section 162.003, Election Code, is amended to

read as follows:

Sec. 162.003. AFFILIATION PROCEDURE [ BY VOTING IN PRIMARY ].

(a) A person becomes affiliated with a political party by notifying

the registrar of the person's affiliation [ when the person:

[ (1) is accepted to vote in the party's primary

election; or

[ (2) returns an early voting or limited primary ballot

voted by mail ].

(b) At the time a person registers to vote the person may:

(1) affiliate with a political party that holds a

primary election or a political party that makes its nominations by

convention regardless of whether the party has a state

organization; or

(2) indicate no affiliation with any political party.

(c) A registered voter who does not indicate an affiliation

with a political party of this state shall be listed as

"independent" on the voter's registration certificate and on the

list of registered voters.

(d) A registered voter may change the voter's affiliation

status by notifying the registrar as provided by Section 15.021.

(e) An affiliation under this section takes effect on the

following second Monday in December.

(e-1) A person may affiliate with a party when the person is

accepted to vote in the party's primary election. This subsection

expires September 1, 2026.

(f) A person may also indicate a party affiliation at the

time the person submits a federal postcard application under

Chapter 101.

(g) The secretary of state shall prescribe any additional

procedures necessary to implement this section.

SECTION 14. Section 162.010(a), Election Code, is amended

to read as follows:

(a) A [ Except as provided by Subsection (b), a ] party

affiliation expires on cancellation of a voter's registration or at

the time a change in affiliation takes effect under Section 162.003

[ at the end of the voting year in which the person became

affiliated ].

SECTION 15. Section 162.013, Election Code, is amended to

read as follows:

Sec. 162.013. VOID VOTE. A vote in a primary election is

void if the voter is not affiliated with the political party holding

the primary [ previously voted in a primary election of another

party or participated in a convention of another party during the

same voting year ].

SECTION 16. Sections 162.014(a), (c), and (d), Election

Code, are amended to read as follows:

(a) A person commits an offense if the person knowingly

votes or attempts to vote in a primary election or participates or

attempts to participate in a convention of a party without being

affiliated with that party [ after having voted in a primary

election or participated in a convention of another party during

the same voting year ].

(c) An offense under this section is a felony of the second

degree if the conduct constituting an offense under Subsection (a)

consists of knowingly voting in a primary election of a party

without being affiliated with that party [ after having voted in a

primary election of another party during the same voting year ].

(d) An offense under this section is a state jail felony if

the conduct constituting an offense under Subsection (a) consists

of knowingly attempting to vote in a primary election of a party

without being affiliated with that party [ after having voted in a

primary election of another party during the same voting year ].

SECTION 17. Section 162.017(e), Election Code, is amended

to read as follows:

(e) The preregistration process must [ include the statement

described by Section 162.004(a) and ] require a preregistering

attendee who is not affiliated with the party to affiliate with the

party in accordance with Section 162.003 [ by taking the oath

described in Section 162.007(b) ].

SECTION 18. Section 172.021, Election Code, is amended by

amending Subsection (b) and adding Subsections (b-3) and (d-1) to

read as follows:

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

Section 141.031, an application must:

(1) indicate that, at the time of the application, the

applicant is affiliated with the political party whose nomination

for office the candidate seeks; and

(2) 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. [ A political party may not require

payment of a fee as a condition to applying for a place on the ballot

as a candidate for county chair or precinct chair. ]

(b-3) A political party may not require payment of a fee

under this section as a condition to applying for a place on the

ballot as a candidate for county chair or precinct chair.

(d-1) A signature on a petition under this section is not

valid if at the time of signing the signer is affiliated with a

political party other than the party whose nomination for office

the candidate seeks. A signature on a petition under this section

is valid for purposes of this subsection if at the time of signing

the signer is unaffiliated with a political party.

SECTION 19. Section 172.026, Election Code, is amended to

read as follows:

Sec. 172.026. RESTRICTION ON PETITION SIGNER. On signing a

petition to be filed under Section 172.021, the signer becomes

ineligible to affiliate with [ vote in a primary election or

participate in a convention of ] another political party during the

voting year in which the primary election is held.

SECTION 20. Section 172.027, Election Code, is amended to

read as follows:

Sec. 172.027. STATEMENT ON PETITION. The following

statement must appear at the top of each page of a petition to be

filed under Section 172.021: "I know that the purpose of this

petition is to entitle (insert candidate's name) to have his or her

name placed on the ballot for the office of (insert office title,

including any place number or other distinguishing number) for the

(insert political party's name) primary election. I understand

that by signing this petition I become ineligible to affiliate with

another political party or to vote [ in a primary election ] or

participate in a primary election or convention of another party,

including a party not holding a primary election, during the voting

year in which this primary election is held."

SECTION 21. Section 172.086, Election Code, is amended to

read as follows:

Sec. 172.086. PLEDGE ON BALLOT. The following pledge shall

be placed on the primary election ballot above the listing of

candidates' names: "I am a (insert appropriate political party)

and understand that I am ineligible to affiliate with another

political party or to vote or participate in another political

party's primary election or convention during this voting year."

SECTION 22. Section 172.088(c), Election Code, is amended

to read as follows:

(c) A petition signer may not at the time of signing be

affiliated with another political party. A political party by rule

may provide for permitting voters who are not affiliated with any

political party to be eligible to sign a petition under this section

[ restricting petition signers on the basis of party alignment or

preference ].

SECTION 23. Effective September 1, 2026, Subchapter E,

Chapter 172, Election Code, is amended by adding Section 172.1115

to read as follows:

Sec. 172.1115. AFFILIATION WITH PARTY REQUIRED. (a) The

signature roster for a primary election must state at the top of

each page "A person commits a criminal offense if the person

knowingly votes in a primary election or participates in a

convention of a party without being affiliated with that party."

(b) Except as provided by Subsection (c), a person may not

be accepted for voting in a primary election of a political party

unless:

(1) the list of registered voters indicates that the

person is affiliated with that political party; or

(2) the voter's registration certificate indicates

that the voter is affiliated with that political party.

(c) A person who seeks to vote in a primary election but

cannot establish the person's party affiliation under Subsection

(b) may be accepted only for provisional voting under Section

63.011.

SECTION 24. Section 172.126(g), Election Code, is amended

to read as follows:

(g) A separate set of ballot boxes or other suitable

containers approved by the secretary of state shall 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. [ The lists of

registered voters and the voters' registration certificates shall

be marked and stamped to show the appropriate party affiliation for

each voter. ] A separate list of registered voters shall be used for

each party's primary. The secretary of state by rule shall

prescribe requirements to ensure that one party's ballot is readily

distinguished from another's, which may include the use of

different colors of ink.

SECTION 25. Sections 181.006(f) and (g), Election Code, are

amended to read as follows:

(f) The following statement must appear at the top of each

page of the petition: "I know that the purpose of this petition is

to entitle the _______ Party to have its nominees placed on the

ballot in the general election for state and county officers. I am

not affiliated with another political party. [ I have not voted in a

primary election or participated in a convention of another party

during this voting year, and I understand that I become ineligible

to do so by signing this petition. ] I understand that signing more

than one petition to entitle a party to have its nominees placed on

the general election ballot in the same election is prohibited."

(g) A person who is affiliated with another political party

[ has voted in a primary election or participated in a convention of

another party during the voting year in which the petition is

circulated ] is ineligible to sign the petition, and the signature

of such a person is invalid.

SECTION 26. Section 181.031(a), Election Code, is amended

to read as follows:

(a) To be entitled to be considered for nomination by a

convention held under this chapter, a person must :

(1) make an application for nomination ; and

(2) be affiliated with the political party whose

nomination for office the candidate seeks .

SECTION 27. Section 181.065, Election Code, is amended to

read as follows:

Sec. 181.065. PARTICIPANT TO BE AFFILIATED WITH PARTY

[ REGISTERED VOTER ]. To be eligible to participate in a precinct

convention held under this chapter, a person must be affiliated

with the political party [ a registered voter of the precinct or a

precinct resident who is eligible to vote a limited ballot ].

SECTION 28. Section 182.0041(a), Election Code, is amended

to read as follows:

(a) To be entitled to be considered for nomination by a

convention held under this chapter, a person must :

(1) make an application for nomination ; and

(2) be affiliated with the political party whose

nomination for office the candidate seeks .

SECTION 29. Sections 192.032(f) and (g), Election Code, are

amended to read as follows:

(f) The following statement must appear at the top of each

page of the petition: "I am not affiliated with a political party

that has held [ did not vote this year in ] a presidential primary

election this year ."

(g) A signature on the petition is invalid if the signer:

(1) signs the petition on or before the date of the

presidential primary election in the presidential election year; or

(2) is affiliated with a political party that has held

[ voted in ] a presidential primary election during the presidential

election year.

SECTION 30. Section 203.011, Election Code, is amended to

read as follows:

Sec. 203.011. PARTY ALIGNMENT ON BALLOT. The party

alignment of each candidate shall be printed on the official ballot

next to the candidate's name. If a candidate is affiliated with a

political party, that party shall be printed next to the

candidate's name regardless of the party alignment provided on the

application under Section 203.005(b).

SECTION 31. The following provisions of the Election Code

are repealed:

(1) Section 162.001(b);

(2) Sections 162.004, 162.005, 162.006, 162.007,

162.008, and 162.009;

(3) Section 162.010(b);

(4) Sections 162.011, 162.012, and 172.1141;

(5) Section 172.115(c); and

(6) Section 172.125.

SECTION 32. (a) Not later than October 1, 2025, the voter

registrar of each county shall mail to each registered voter in the

county notice of the affiliation requirement necessary to vote in a

party primary election or to participate in the affairs of a

political party. The notice must:

(1) inform the voter that to vote in a party primary

election or to otherwise participate in the affairs of a political

party the voter must be affiliated with that party;

(2) inform the voter of the process of affiliation

with the voter registrar and state that if a voter does not provide

an affiliation, the voter's next registration certificate will

indicate that the voter is "independent" and unable to vote in a

party's primary;

(3) include a postage paid postcard that may be

returned to the voter registrar to indicate the voter's

affiliation; and

(4) be in the form prescribed by the secretary of

state.

(b) If a registered voter does not indicate a party

affiliation before December 11, 2025, the voter registrar shall

list the voter's initial affiliation status as "independent." A

person whose initial affiliation status is established as

independent under this subsection may affiliate with a political

party, notwithstanding Section 162.001(a), Election Code, as

amended by this Act, by voting in a primary election in 2026.

(c) The change in law made by Section 18.005(a), Election

Code, as amended by this Act, requiring that each list of registered

voters must indicate the political affiliation of each voter

applies only to a list of registered voters produced by a voter

registrar on or after December 11, 2025.

(d) The change in law made by Section 15.001(a), Election

Code, as amended by this Act, requiring that each voter

registration certificate must indicate the political affiliation

of the voter applies only to a certificate effective for voting on

or after January 1, 2026.

SECTION 33. Except as otherwise provided by this Act, this

Act takes effect September 1, 2025.