HBA-RBT H.B. 2383 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2383 By: Maxey Elections 3/29/1999 Introduced BACKGROUND AND PURPOSE Currently, the political parties manage primary elections. Under that system, a voter wising to vote in a primary election for a particular political party may have to go to a polling place is another county if that party is not organized in the voter's home county. H.B. 2383 requires the county clerk or elections administrator to administrate the primary election for both parties. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the secretary of state in SECTION 16 (Section 172.1113, Election Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31.092, Election Code, to delete the provision authorizing the county election officer to contract for the performance of election services. SECTION 2. Amends Section 42.0051(a), Election Code, to make a conforming change. SECTION 3. Amends Section 42.009, Election Code, to make a conforming change. SECTION 4. Amends Section 43.003, Election Code, to require that the polling place for a primary be the same as the polling place for a general election. Requires the polling place to be designated to accommodate the precinct conventions of each political party. Makes conforming and nonsubstantive changes. SECTION 5. Amends Section 43.034(c), Election Code, to delete language to make a conforming change. SECTION 6. Amends Section 51.003, Election Code, to delete language to make conforming changes. SECTION 7. Amends Section 52.002, Election Code, to make a conforming change. SECTION 8. Amends Section 52.007, Election Code, to delete language to make a conforming change. SECTION 9. Amends Section 123.001(b), Election Code, to make conforming changes. SECTION 10. Amends Section 172.028, Election Code, as follows: Sec. 172.028. New title: CERTIFICATION OF NAMES FOR PLACEMENT ON GENERAL PRIMARY BALLOT. Requires the county chair to deliver the certification to the count clerk in writing for placement on the general primary election ballot the name of each candidate who files an application with the chair. Requires the county clerk to deliver the certification to the state chair for use in the drawing. Makes conforming changes. SECTION 11. Amends Section 172.082, Election Code, to require the county chair to certify in writing to the county clerk the order of the candidates' names on the general primary election ballot for the county within 24 hours after the drawing. SECTION 12. Amends Section 172.084, Election Code, by adding Subsection (f), to require the county chair to certify in writing to the county clerk the order of the candidates' names on the runoffl primary election ballot for the county within 24 hours after the drawing. SECTION 13. Amends Section 172.090(a), Election Code, to make a conforming change. SECTION 14. Amends Section 172.111(b), Election Code, to make a conforming change. SECTION 15. Amends Section 172.1112(a), Election Code, to make a conforming change. SECTION 16. Amends Subchapter E, Chapter 172, Election Code, by adding Section 172.1113, as follows: Sec. 172.1113. JOINT PRIMARY REQUIRED. (a) Requires each primary election to be conducted jointly as required by this section. (b) Authorizes the use of the polling place by the party whose candidate for governor received the most votes in the precinct in the most recent gubernatorial general election if the polling place is not suitable for more than one precinct convention. (c) Requires one set of election officers to conduct elections at each polling place. Sets forth the manner of holding elections and the appointment of election clerks. Requires the secretary of state, by rule, to prescribe procedures consistent with this subsection for the appointment of election officers and election clerks. (d) Provides that each co-judge has the law enforcement duties and powers provided under Section 32.075 and has the exclusive authority to conduct challenges on the eligibility of voters, tabulate the votes, and deliver the election returns in the primary of the party with which that judge is affiliated or aligned. (e) Requires a separate set of ballot boxes or other suitable containers approved by the secretary of state to 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. Requires the secretary of state, by rule, to prescribe requirements to ensure that one party's ballot is readily distinguished from another's. Sets forth requirements for the lists of registered voters. (f) Requires separate election returns to be prepared for each party. (g) Requires the secretary of state, by rule, to prescribe the procedures necessary to implement this section to ensure the orderly and proper administration of joint primary elections. SECTION 17. Amends Section 172.113, Election Code, to make conforming and nonsubstantive changes. SECTION 18. Amends Sections 172.116(a), (b), and (e), Election Code, to make conforming and nonsubstantive changes. SECTION 19. Amends Section 172.117, Election Code, to make conforming and nonsubstantive changes. SECTION 20. Amends Section 172.118, Election Code, to make conforming and nonsubstantive changes. SECTION 21. Amends Section 172.119, Election Code, to make conforming and nonsubstantive changes. SECTION 22. Amends Section 172.120, Election Code, to require the governor, rather than the state executive committee, to canvass the county election returns and conduct the state canvass for the general primary election. Requires the governor to conduct the state canvass of the runoff primary election at a time determined by the secretary of state. Makes conforming and nonsubstantive changes. SECTION 23. Amends Section 172.121, Election Code, to make conforming changes. SECTION 24. Amends Section 172.122, Election Code, as follows: Sec. 172.122. New title: CERTIFICATION OF NOMINEES FOR STATEWIDE AND DISTRICT OFFICES. Makes conforming and nonsubstantive changes. SECTION 25. Amends Sections 172.124(a) and (b), Election Code, to make conforming changes. SECTION 26. Amends Section 173.001(a), Election Code, to include a county among those authorized to have expenses in connection with a primary election paid out of state funds. SECTION 27. Amends Section 173.010, Election Code, to require the secretary of state to deliver a current set of the rules adopted under this subchapter to each county clerk. SECTION 28. Amends Subchapter D, Chapter 173, Election Code, by adding Section 173.0811, as follows: Sec. 173.0811. STATEMENT FOR REIMBURSEMENT BY COUNTY CLERK. Requires the county clerk to submit a written statement of estimated expenses to be incurred in connection with a primary election to the secretary of state. Provides that the statement must comply with Section 173.081(b), (c), and (e). SECTION 29. Amends Section 173.083, Election Code, to increase to 80 percent the percentage of the expenses paid by the state to a county in the initial installment for a general or runoff primary. Makes conforming changes. SECTION 30. Amends Section 173.084, Election Code, to require each county clerk to prepare a sworn report containing an itemized list of the actual expenses incurred in connection with the general and runoff primaries by the county clerk. Requires the county clerk to file the report with the secretary of state within 30 days of the runoff primary election or within 30 days of the general primary election if no runoff is held in the county. SECTION 31. Amends Section 173.085(b), Election Code, to make a conforming change. SECTION 32. Amends Section 173.088, Election Code, to make a conforming change. SECTION 33. Amends Section 191.006(a), Election Code, to make a conforming change. SECTION 34. Amends Section 213.0111(a), Election Code, to make conforming changes. SECTION 35. Amends Section 231.007(a), Election Code, to delete existing language to make conforming changes. SECTION 36. Amends Section 231.008(c), Election Code, to make conforming changes. SECTION 37. Amends Section 232.013(d), Election Code, to make conforming changes. SECTION 38. Repealer: Sections 51.035 (Use of Count-Owned Equipment for Primary Election), 123.033 (Acquisition of Equipment by Political Party for Primary), 172.083 (Review and Approval of Ballot by Primary Committee), 172.126 (Joint Primaries Authorized), 173.003 (Expenses Incurred by County), and 173.011 (Financing of Joint Primary Elections Generally), Election Code. SECTION 39. Effective date: September 1, 1999. SECTION 40. Emergency clause.