88S40195 MLH-F     By: Schofield H.B. No. 109       A BILL TO BE ENTITLED   AN ACT   relating to the separation of federal elections from state and   local elections, and to related practices and procedures.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.002(a), Election Code, is amended to   read as follows:          (a)  This code applies to all general, special, federal, and   primary elections held in this state.          SECTION 2.  Section 1.005, Election Code, is amended by   amending Subdivisions (4-b), (7), (14), and (19) and adding   Subdivisions (4-c) and (4-d) to read as follows:                (4-b)  "Federal election" means a primary or general   election for a federal office or a resulting runoff election and   does not include an election held for electors for president and   vice president of the United States.                (4-c)  "Federal judge" means:                      (A)  a judge, former judge, or retired judge of a   United States court of appeals;                      (B)  a judge, former judge, or retired judge of a   United States district court;                      (C)  a judge, former judge, or retired judge of a   United States bankruptcy court; or                      (D)  a magistrate judge, former magistrate judge,   or retired magistrate judge of a United States district court.                (4-d)  "Federal office" means the office of United   States senator or United States representative.                (7)  "General election for state and county officers"   means the general election at which officers of the [federal,]   state[,] and county governments are elected.                (14)  "Primary election" means an election held by a   political party under Chapter 172 to select its nominees for public   office, and, unless the context indicates otherwise, the term   includes:                      (A)  a presidential primary election; and                      (B)  a primary election for federal officers.                (19)  "Statewide office" means an office of the   [federal or] state government that is voted on statewide.          SECTION 3.  Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and   20, Election Code, are designated as Subtitle A, Title 2, Election   Code, and a heading is added to Subtitle A to read as follows:   SUBTITLE A. GENERAL REQUIREMENTS          SECTION 4.  Section 11.002(a), Election Code, is amended to   read as follows:          (a)  In this code, "qualified voter" means a person who:                (1)  is 18 years of age or older;                (2)  is a United States citizen;                (3)  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;                (4)  has not been finally convicted of a felony or, if   so convicted, has:                      (A)  fully discharged the person's sentence,   including any term of incarceration, parole, or supervision, or   completed a period of probation ordered by any court; or                      (B)  been pardoned or otherwise released from the   resulting disability to vote;                (5)  is a resident of this state; and                (6)  is a registered voter under this subtitle.          SECTION 5.  Section 15.003(a), Election Code, is amended to   read as follows:          (a)  On receipt of a voter registration certificate issued   under this subtitle [title], the person to whom the certificate is   issued must personally sign it in the appropriate space.          SECTION 6.  Title 2, Election Code, is amended by adding   Subtitle B to read as follows:   SUBTITLE B. FEDERAL ELECTIONS   CHAPTER 21. GENERAL PROVISIONS          Sec. 21.001.  DEFINITIONS. In this subtitle:                (1)  "Federal ballot" means a ballot that only lists   elections and candidates for federal office.                (2)  "State election" means an election that is not a   federal election.          Sec. 21.002.  FEDERAL ELECTIONS SEPARATE. (a)   Notwithstanding other law, a federal election is a separate   election from any other election in this state.          (b)  A federal election under this subtitle may not list on   the federal ballot any proposition or election for state or county   office.          (c)  To the extent feasible, a federal election and a state   election shall be held separately and concurrently using the same   precincts and polling locations.          Sec. 21.003.  RULES. (a) The secretary of state shall adopt   rules to enact this subtitle.          (b)  The rules adopted under this section must reduce voter   disruption and confusion to the greatest extent practicable,   including rules requiring, when practicable, use of the same area   in which voters are being accepted for voting and the same voting   stations for state and federal elections.   CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS          Sec. 22.001.  DEFINITION. In this chapter, "military   service voter" means:                (1)  a member of the armed forces of the United States;                (2)  a member of the merchant marine of the United   States;                (3)  a member of the Texas National Guard;                (4)  a member of the National Guard of another state   serving on active duty under an order of the president of the United   States;                (5)  a member of a reserve component of the armed forces   of the United States serving on active duty under an order of the   president of the United States or activated on state orders; or                (6)  a spouse or dependent of a member of a military   organization listed in Subdivisions (1) through (5).          Sec. 22.002.  ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To   be eligible to vote in a federal election in this state, a person   must:                (1)  be a qualified voter as defined by Section 11.002   on the day the person offers to vote; or                (2)  meet all requirements for voter eligibility under   federal law, including any requirements for voter registration,   and:                      (A)  meet all of the requirements to be a   qualified voter under Section 11.002 except the requirement under   Section 11.002(a)(6) that the person be a registered voter under   Subtitle A, and be:                            (i)  a military service voter; or                            (ii)  domiciled in this state but   temporarily living outside the territorial limits of the United   States and the District of Columbia; or                      (B)  be unable to complete the registration   requirements under Subtitle A.          Sec. 22.003.  REGISTRATION FOR FEDERAL ELECTIONS. (a) If   federal law allows a voter to be eligible to register to vote under   this subtitle when the same voter would be ineligible to register to   vote under Subtitle A, the secretary of state shall create and   maintain a procedure by which a person eligible under Section   22.002 may submit an application to register to vote under this   subtitle. The procedure under this section must comply with all   federal laws for voter registration.          (b)  A person who submits an application for registration   under Chapter 13 that does not comply with all requirements under   Subtitle A but does comply with all requirements under federal law   shall be registered to vote under this subtitle.          (c)  A person registered to vote under Subsection (b) who   submits an application for registration under Chapter 13 that is   accepted becomes registered to vote under Subtitle A.   CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS          Sec. 23.001.  CREATION OF FEDERAL BALLOT. The authority   preparing a ballot for concurrent federal and state elections shall   prepare a separate federal ballot for voters registered under this   subtitle.          Sec. 23.002.  BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.   (a) A voter registered to vote under Subtitle A may vote:                (1)  a full ballot containing propositions and   candidates for office in state elections; and                (2)  a ballot containing candidates for office in   federal elections.          (b)  A voter registered to vote under this subtitle may only   vote a ballot containing candidates for office in federal   elections.          Sec. 23.003.  OTHER CONDUCT. (a) Voting, tabulation, and   reporting procedures for a state election shall be conducted under   the provisions of this code.          (b)  To the extent possible, voting, tabulation, and   reporting procedures for a federal election shall be conducted   under the provisions of this code.          (c)  To the extent that federal law conflicts with a   provision of this code regarding voting, tabulation, and reporting   procedures for a federal election, those procedures shall be   conducted under the provisions of the applicable federal law.          SECTION 7.  Subchapter A, Chapter 41, Election Code, is   amended by adding Section 41.003 to read as follows:          Sec. 41.003.  GENERAL ELECTION FOR FEDERAL OFFICERS. (a)   The general election for federal officers shall be held on the first   Tuesday after the first Monday in November in even-numbered years.          (b)  To the extent feasible, the general election for federal   officers shall be held concurrently with the general election for   state and county officers.          SECTION 8.  The heading to Section 41.007, Election Code, is   amended to read as follows:          Sec. 41.007.  PRIMARY ELECTIONS FOR STATE AND COUNTY   OFFICERS.          SECTION 9.  Sections 41.007(a) and (d), Election Code, are   amended to read as follows:          (a)  The general primary election date for state and county   officers is the first Tuesday in March in each even-numbered year.          (d)  No [other] election other than a primary election for   federal officers may be held on the date of a primary election.          SECTION 10.  Subchapter A, Chapter 41, Election Code, is   amended by adding Section 41.0075 to read as follows:          Sec. 41.0075.  PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a)   The primary election date for federal officers is the first Tuesday   in March in each even-numbered year.          (b)  The runoff primary election date for federal officers is   the fourth Tuesday in May following the primary election for   federal officers.          (c)  To the extent feasible, the primary election for federal   officers shall be held concurrently with the primary election for   state and county officers.          SECTION 11.  Section 42.002(a), Election Code, is amended to   read as follows:          (a)  The county election precincts are the election   precincts for the following elections:                (1)  the general election for state and county   officers;                (2)  a special election ordered by the governor;                (3)  a primary election;                (4)  a countywide election ordered by the commissioners   court, county judge, or other county authority, except an election   subject to Section 42.062(2); [and]                (5)  a federal election; and                (6)  as provided by Section 42.0621, any other election   held by a political subdivision on a uniform election date.          SECTION 12.  Section 67.010(a), Election Code, is amended to   read as follows:          (a)  The county election returns for an election for a   statewide office other than governor or lieutenant governor, a   statewide measure, a district office, a federal office, or   president and vice-president of the United States shall be   canvassed by the governor.          SECTION 13.  Section 84.014, Election Code, is amended to   read as follows:          Sec. 84.014.  ACTION BY EARLY VOTING CLERK ON CERTAIN   APPLICATIONS. If an applicant provides a date of birth, driver's   license number, or social security number on the applicant's   application for an early voting ballot to be voted by mail that is   different from or in addition to the information maintained by the   voter registrar in accordance with Subtitle A, Title 2, the early   voting clerk shall notify the voter registrar. The voter registrar   shall update the voter's record with the information provided by   the applicant.          SECTION 14.  Section 101.052, Election Code, is amended by   amending Subsections (e), (f), and (j) and adding Subsection (n) to   read as follows:          (e)  An applicant who otherwise complies with applicable   requirements is entitled to receive a full ballot to be voted by   mail under this chapter if:                (1)  the applicant submits a federal postcard   application to the early voting clerk on or before the 20th day   before election day; and                (2)  the application contains the information that is   required for registration under Subtitle A, Title 2.          (f)  The applicant is entitled to receive only a federal   ballot to be voted by mail under Chapter 114 if:                (1)  the applicant submits the federal postcard   application to the early voting clerk after the date provided by   Subsection (e)(1) and before the deadline for submitting a regular   application for a ballot to be voted by mail; and                (2)  the application contains the information that is   required for registration under Subtitle A, Title 2.          (j)  If the early voting clerk determines that an application   that is submitted before the time prescribed by Subsection (e)(1)   does not contain the information that is required for registration   under Subtitle A, Title 2, the clerk shall notify the applicant of   that fact. If the applicant has provided a telephone number or an   address for receiving mail over the Internet, the clerk shall   notify the applicant by that medium.          (n)  A federal postcard application that does not meet the   requirements of Subtitle A, Title 2, may still constitute   registration for federal elections if the federal postcard   application meets the requirements of Subtitle B, Title 2.          SECTION 15.  Section 101.053(b), Election Code, is amended   to read as follows:          (b)  If an applicant provides a date of birth, driver's   license number, or social security number on the applicant's   federal postcard application that is different from or in addition   to the information maintained by the voter registrar in accordance   with Subtitle A, Title 2, the early voting clerk shall notify the   voter registrar. The voter registrar shall update the voter's   record with the information provided by the applicant.          SECTION 16.  Section 101.055, Election Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The submission of a federal postcard application that   complies with the [applicable] requirements of Subtitle A, Title 2,   by an unregistered applicant constitutes registration by the   applicant:                (1)  for the purpose of voting in the election for state   and county officers for which a ballot is requested; and                (2)  under Subtitle A, Title 2, if the federal postcard   application complies with the requirements under that subtitle,   unless the person indicates on the application that the person is   residing outside the United States indefinitely.          (a-1)  The submission of a federal postcard application that   complies with the requirements of Subtitle B, Title 2, by an   unregistered applicant constitutes registration by the applicant:                (1)  for the purpose of voting in the election for   federal officers for which a ballot is requested; and                (2)  under Subtitle B, Title 2, if the federal postcard   application complies with the requirements under that subtitle,   unless the person indicates on the application that the person is   residing outside the United States indefinitely.          SECTION 17.  Section 142.005, Election Code, is amended to   read as follows:          Sec. 142.005.  AUTHORITY WITH WHOM APPLICATION FILED. An   application for a place on the ballot must be filed with:                (1)  the secretary of state, for a federal, statewide,   or district office; or                (2)  the county judge, for a county or precinct office.          SECTION 18.  Section 145.033, Election Code, is amended to   read as follows:          Sec. 145.033.  AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.   A candidate must file a withdrawal request with:                (1)  the secretary of state, for a federal, statewide,   or district office; or                (2)  the authority responsible for having the official   ballot prepared, for a county or precinct office.          SECTION 19.  Section 145.037(d), Election Code, is amended   to read as follows:          (d)  The chair must deliver the certification to:                (1)  the secretary of state, for a federal, statewide,   or district office; or                (2)  the authority responsible for having the official   ballot prepared, for a county or precinct office.          SECTION 20.  Section 146.024, Election Code, is amended to   read as follows:          Sec. 146.024.  AUTHORITY WITH WHOM DECLARATION FILED. A   declaration of write-in candidacy must be filed with:                (1)  the secretary of state, for a federal, statewide,   or district office; or                (2)  the county judge, for a county or precinct office.          SECTION 21.  The heading to Section 161.008, Election Code,   is amended to read as follows:          Sec. 161.008.  CERTIFICATION OF NOMINEES FOR FEDERAL,   STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON GENERAL ELECTION   BALLOT.          SECTION 22.  Section 161.008(a), Election Code, is amended   to read as follows:          (a)  Except as provided by Subsection (c), the secretary of   state shall certify in writing for placement on the general   election ballot the name of each candidate nominated at a primary   election or convention of a political party for a federal,   statewide, or district office.          SECTION 23.  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 a   federal, statewide, or district office on the most recent general   election ballot.          SECTION 24.  Section 172.059(b), Election Code, is amended   to read as follows:          (b)  A withdrawal request for the runoff primary must be   filed with the state chair, for a federal, statewide, or district   office, or with the county chair, for a county or precinct office.          SECTION 25.  The heading to Section 172.121, Election Code,   is amended to read as follows:          Sec. 172.121.  CERTIFICATION OF CANDIDATES FOR FEDERAL,   STATEWIDE, AND DISTRICT OFFICES FOR PLACEMENT ON RUNOFF BALLOT.          SECTION 26.  Section 172.121(a), Election Code, is amended   to read as follows:          (a)  The state chair shall certify on the secretary of   state's website for placement on the runoff primary election ballot   the name of each general primary candidate for a federal,   statewide, or district office who is to be a candidate in the   runoff.          SECTION 27.  The heading to Section 172.122, Election Code,   is amended to read as follows:          Sec. 172.122.  CERTIFICATION OF NOMINEES WHO FILED AN   APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL   REQUIREMENTS FOR FEDERAL, STATEWIDE, AND DISTRICT OFFICES TO   SECRETARY OF STATE.          SECTION 28.  Section 172.122(a), Election Code, is amended   to read as follows:          (a)  The state chair shall certify by posting on the   secretary of state's website the name and address of each primary   candidate who is nominated for a federal, statewide, or district   office. The state chair shall execute and file digitally with the   secretary of state an affidavit certifying that the returns posted   on the secretary of state's website are the correct and complete   returns. The secretary of state shall adopt by rule a process to   allow the chair to submit the affidavit digitally.          SECTION 29.  Section 173.063, Election Code, is amended to   read as follows:          Sec. 173.063.  FEE RETAINED BY STATE CHAIR. The state chair   shall deposit in the state primary fund each filing fee   accompanying an application for a place on the ballot filed with the   state chair:                (1)  for a federal office;                (1-a) for a statewide office; or                (2)  for a district office if the application is filed   after the regular filing deadline.          SECTION 30.  Section 181.0311(a), Election Code, is amended   to read as follows:          (a)  In addition to any other requirements, to be considered   for nomination by convention, a candidate must:                (1)  pay a filing fee to the secretary of state for a   federal, statewide, or district office or the county judge for a   county or precinct office; or                (2)  submit to the secretary of state for a federal,   statewide, or district office or the county judge for a county or   precinct office a petition in lieu of a filing fee that satisfies   the requirements prescribed by Subsection (e) and Section 141.062.          SECTION 31.  Section 181.032(a), Election Code, is amended   to read as follows:          (a)  An application for nomination by a convention must be   filed with:                (1)  the state chair, for a federal, statewide, or   district office; or                (2)  the county chair, for a county or precinct office.          SECTION 32.  Section 181.068(b), Election Code, is amended   to read as follows:          (b)  Not later than the 20th day after the date of the   convention making the nomination, the presiding officer shall   deliver the certification to:                (1)  the authority responsible for having the official   general election ballot prepared in the county, for certification   of a county or precinct office; or                (2)  the secretary of state, for certification of a   federal, statewide, or district office.          SECTION 33.  Sections 231.008(b) and (c), Election Code, are   amended to read as follows:          (b)  If the judgment in a contest for an office affects the   preparation of the ballot for a succeeding election, the clerk   shall deliver a copy to the authority responsible for having the   official ballot prepared or, in the case of a federal, statewide, or   district office, to the authority responsible for certifying the   names of the candidates for placement on the ballot.          (c)  If the judgment orders that a new general or special   election be held, the clerk shall deliver a copy to the authority   responsible for ordering the election. If the judgment orders a new   primary election, the clerk shall deliver a copy to the state chair   of the appropriate political party, in the case of a federal,   statewide, or district office, or to the county chair, in the case   of a county or precinct office.          SECTION 34.  Section 232.013(d), Election Code, is amended   to read as follows:          (d)  If the contested election is a primary, the district   clerk shall deliver a certified copy of the order setting the date   of the runoff to the state chair of the political party in the case   of a federal, statewide, or district office or to the county chair   in the case of a county or precinct office.          SECTION 35.  Section 232.048(c), Election Code, is amended   to read as follows:          (c)  The candidate receiving the most votes in a new election   ordered by a court in a primary election contest is the political   party's nominee, regardless of whether the candidate receives a   majority vote, if the date of the final canvass of the court-ordered   primary is on or after:                (1)  the 85th day before the date of the succeeding   general election in the case of a federal, statewide, or district   office; or                (2)  the 75th day before the date of the succeeding   general election in the case of a county or precinct office.          SECTION 36.  Section 252.005, Election Code, is amended to   read as follows:          Sec. 252.005.  AUTHORITY WITH WHOM APPOINTMENT FILED:   CANDIDATE. An individual must file a campaign treasurer appointment   for the individual's own candidacy with:                (1)  the commission, if the appointment is made for   candidacy for:                      (A)  a federal office;                      (A-1)  a statewide office;                      (B)  a district office filled by voters of more   than one county;                      (C)  a judicial district office filled by voters   of only one county;                      (D)  state senator;                      (E)  state representative; or                      (F)  the State Board of Education;                (2)  the county clerk, if the appointment is made for   candidacy for a county office, a precinct office, or a district   office other than one included in Subdivision (1);                (3)  the clerk or secretary of the governing body of the   political subdivision or, if the political subdivision has no clerk   or secretary, with the governing body's presiding officer, if the   appointment is made for candidacy for an office of a political   subdivision other than a county;                (4)  the county clerk if:                      (A)  the appointment is made for candidacy for an   office of a political subdivision other than a county;                      (B)  the governing body for the political   subdivision has not been formed; and                      (C)  no boundary of the political subdivision   crosses a boundary of the county; or                (5)  the commission if:                      (A)  the appointment is made for candidacy for an   office of a political subdivision other than a county;                      (B)  the governing body for the political   subdivision has not been formed; and                      (C)  the political subdivision is situated in more   than one county.          SECTION 37.  This Act takes effect September 1, 2025.