HBA-NMO H.B. 61 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 61 By: Greenberg Elections 3/3/1999 Introduced BACKGROUND AND PURPOSE Currently, the Texas primary election is held in March of each election year. The date was changed from May to March by the 69th Texas Legislature enabling Texas to participate with various other states in a "Super Tuesday " primary date in the 1988 and subsequent elections. The purpose of the move was to increase the state's influence in selecting presidential candidates. However, this move may have contributed to a decrease in voter turnout in Texas and an increase in costs of political campaigns. H.B. 61 moves the primary election back to May, and makes other related changes to the Election Code. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 41.001(a), Election Code, to require that general or special elections be held, among a list of three other possible specified dates, on the fourth Saturday in March, rather than the first Saturday in May. SECTION 2. Amends Section 41.0052(a), Election Code, to authorize a political subdivision other than a county to change the date on which it holds its general election to another authorized date, if the change is made no later than December 31, 1999, rather than 1997. Prohibits an election on the new date from being held before 2000, rather than 1998. SECTION 3. Amends Sections 41.007(a), (b), and (c), Election Code, to provide that the general primary election date is the second Saturday in May, rather than the second Tuesday in March, in each even-numbered year. Provides that the runoff primary election date is the second Saturday in June, rather than the second Tuesday in April. Provides that the presidential primary election date is the second Saturday in May, rather than the second Tuesday in March. SECTION 4. Amends Sections 43.033(a), Election Code, to authorize a reasonable reimbursement charge to be made for the use of a public building for a polling place, if the election day is a day the building is not normally open for business. Prohibits a rental charge from being made for the use of the building in the election. SECTION 5. Amends Section 172.023(a), Election Code, to provide that an application for a place on the general primary election ballot must be filed no later than 6 p.m. on the last Monday in February, rather than January 2, in the primary election year, unless the filing deadline is extended. SECTION 6. Amends Section 172.052(a), Election Code, to prohibit a candidate for nomination from withdrawing from the general primary election after the 64th, rather than 62nd, day before general primary election day. SECTION 7. Amends Section 172.054(a), Election Code, to make conforming changes. SECTION 8. Amends Section 172.055, Election Code, by adding Subsection (e) as follows: (e) Provides that Section 1.006, Election Code, does not apply to this section. Section 1.006 provides that if the deadline for a certain action falls on a weekend or holiday, the 12/18/1998 by the Election Code. SECTION 9. Amends Section 172.057, Election Code, to make a conforming change. SECTION 10. Amends Section 172.058(a), Election Code, to make a conforming change. SECTION 11. Amends Section 172.116(b), Election Code, to require the county executive committee to convene to conduct the local canvass at the county seat not earlier than 6 p.m. on the first Monday, rather than Thursday, or later than 1 p.m. on the first Tuesday, rather than Friday, after election day at the hour specified by the county chair. SECTION 12. Amends Section 172.120(b), Election Code, to require the state executive committee to convene to conduct the state canvass for the general primary election on the second Monday, rather than Wednesday, after general primary election day. SECTION 13. Amends Section 174.063(a), Election Code, to require the county and senatorial district conventions be held on the first, rather than third, Saturday after general primary election day. Deletes language referring to Passover and the day after Good Friday. SECTION 14. Amends Section 181.0041, Election Code, to provide that a political party that plans to make nominations for the general election of state and county officers must register with the secretary of state not later than the regular filing deadline for candidates for the general primary election, rather than January 2 of the election year. SECTION 15. Amends Section 181.033(a), Election Code, to make a conforming change. SECTION 16. Amends Section 181.061(b) and (c), Election Code, to provide that a party nominating by convention must make its nominations for offices of districts situated in more than one county at district conventions held on the second Saturday after general primary election day, rather than the second Tuesday in March. Makes conforming changes. SECTION 17. Amends Section 182.005, Election Code, to make conforming changes. SECTION 18. Amends Section 192.032(c), Election Code, to provide that an independent presidential candidate's application for a place on the general election ballot must be filed with the secretary of state not later than the second Monday in July, rather than May, of the presidential election year. SECTION 19. Amends Section 202.004(a), Election Code, to make a conforming change. SECTION 20. Amends Section 202.006(a), Election Code, to make a conforming change. SECTION 21. Amends Section 204.003, Election Code, to make a conforming change. SECTION 22. Amends Section 204.005, Election Code, to make a conforming change. SECTION 23. Provides that the term of a person serving as a county or precinct chair of a political party on the effective date of this Act ends on the 20th day after the second Saturday in June 2000. SECTION 24. Effective date: September 1, 1999. SECTION 25. Emergency clause.