Election Advisory No. 2015-07
| To: | All Election Officials |
| From: | Keith Ingram, Director of Elections |
| Date: | July 28, 2015 |
| RE: | 2015 Legislative Summary |
Below is a brief summary of the major election-related legislation that passed during the 84th Regular Session.
Bills
House Bill 484: Requires a candidate to be a registered voter from the territory of office sought in order to be eligible to hold the public office. Excludes special purpose districts created under Section 52(b)(1) or (2), Article III and Section 59, Article XVI of the Texas Constitution.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: §141.001
Government Code: §601.009
House Bill 621: Requires that a certificate of appointment for a volunteer deputy registrar contain a statement informing the volunteer deputy that their appointment may be terminated if they intentionally destroy or alter an application or engage in other conduct that conflicts with their duties as a volunteer deputy registrar. Provides that a voter registrar may terminate an appointment of a volunteer deputy registrar if the registrar determines that the volunteer deputy registrar intentionally destroyed or altered an application, or engaged in other conduct that conflicts with their duties as a volunteer deputy registrar.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: §§13.033, 13.036
House Bill 910: Amends the list of acceptable identification under Section 63.0101 to include licenses to carry a handgun instead of a concealed handgun.
Effective Date: January 1, 2016
Statutes Affected:
Election Code: §63.0101
House Bill 1026: Amends the qualifications for a tabulation supervisor appointed at a central counting station. The person must now be a registered voter of the political subdivision served by the authority establishing the counting station, or an employee of the political subdivision that adopts or owns the voting system.
Effective Date: Effectively immediately (June 17, 2015).
Statutes Affected:
Election Code: §127.003(b)
House Bill 1927: Amends several procedures related to voting by mail:
- Provides that if an application for ballot by mail is not timely for the main election, it will be considered timely for any subsequent runoff election if it is received not later than the regular deadline for the runoff election.
- Provides that a person commits a crime if they witness more than one annual application for a ballot by mail in a calendar year.
- Provides that an application for ballot by mail may be submitted via electronic submission of a scanned application that contains an original signature. The early voting clerk is required to provide an email address which must be provided on the Secretary of State’s website.
- Provides that an annual application for ballot by mail may be submitted at any time during the year, but must be timely submitted before the election in which the voter is requesting the ballot.
- Provides that the deadline for submitting an application for ballot by mail is before the close of business or 12 noon, whichever is later, on the 11th day before election day.
- Removes the requirement that an application for ballot by mail be submitted on or after the 60th day before election day.
- Provides that the official application form for ballot by mail must include a space for the applicant to indicate if they are applying for an annual application.
- Provides that a cancellation of an application for a ballot to be voted by mail is effective for a single election only, and does not cancel the application for a subsequent election.
- Provides that if an application indicates the reason for a ballot to be voted by mail is on the grounds of age or disability, and the application does not specify the election for which the ballot is requested or has been marked by the applicant as an application for more than one election, it is an annual application for ballot by mail.
- Provides that an annual application is considered an application for all elections, including any resulting runoffs, held within the calendar year for which the application was submitted until the county clerk receives notice that the voter has changed residences to another county or that the voter’s registration has been cancelled.
- Provides that an annual application for ballot by mail may be submitted in the preceding year for an election occurring in January or February of the next calendar, as long as the application is not submitted earlier than the 60th day before election day.
- Provides that the county clerk shall provide a list of voters that have submitted an annual application for ballot by mail to political subdivisions in their county that are holding an election. The early voting clerk of the political subdivision shall provide a ballot to each voter on the list. The voter registrar shall notify the county clerk if a voter has changed residences to another county, or their registration has been cancelled, and the county clerk shall remove the voter from the list.
- Provides that a voter may deliver their carrier envelope containing their marked ballot in person on election day to the early voting clerk’s office while the polls are open. The voter must provide an acceptable form of ID for voting at the time of delivery.
- Repeals the requirements that an application for ballot by mail for reason of confinement in jail be submitted not later than the 20th day before election day.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: §§ 84.001(e), 84.004(a), 84.007, 84.009(b), 84.011(a), 84.038, 86.0015, 86.006.
House Bill 2027: Provides that county election precincts and polling places must be used for an election held on a uniform date. However, this requirement does not apply to the May uniform date if:
- a political subdivision conducts early voting by personal appearance at 75 percent or more of its permanent or temporary branch locations on the same days and during the same hours as conducted at the main early voting place, and conducts early voting at each remaining permanent or temporary branch locations for at least eight hours on two consecutive days, or;
- a political subdivision has not established a permanent or temporary branch early voting location.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: §§ 42.002, 42.0621, 43.004(b)
House Bill 2050: Requires that voting history electronically submitted to the Secretary of State specify if the voter voted on election day, voted early by personal appearance, voted early by mail under Chapter 86, or voted early by mail under Chapter 101.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 18.069
House Bill 2160: Restricts the disclosure of e-mail addresses and personal phone numbers of election judges and clerks that are collected by the authority conducting the election. The information is not public information, but may be disclosed to any entity that submits lists of election judges or clerks for that election, or the state executive committee of a political party with a county chair that is eligible to submit names of election judges and clerks.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 32.076
House Bill 2354: Changes the May uniform election date from the second Saturday in May to the first Saturday in May for both odd and even-numbered years.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 41.001(a)
House Bill 2366: Provides that the early voting clerk shall mark on the precinct list of registered voters “early voting voter” beside the name of each person that appears on the list of early voters, and requires the early voting clerk to provide the precinct list of registered voters to the presiding judge of the election precinct not later than the day before election day.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: §§ 62.014, 87.122(c)
House Bill 2721: Provides that an election order and notice, providing the days and hours of early voting, including any Saturday or Sunday hours, must be posted:
- on the website of the authority ordering the election, if the authority maintains a website, and
- on the Secretary of State’s website for the primary or general election.
Effective Date: Immediately (June 19, 2015)
Statutes Affected:
Election Code: § 85.007
House Bill 2735: Allows a municipality whose voters approved the sale of beer and wine for off-premise consumption in an election held on or after January 1, 1985, to adopt an ordinance authorizing the sale of beer and wine for off-premise consumption in an area annexed by the municipality after the date of the election. The area annexed is zoned for commercial use only, and not adjacent to residential, church or school property. The area annexed must also not be more than one percent of the total area of the municipality.
Effective Date: Immediately (June 15, 2015)
Statutes Affected:
Alcoholic Beverage Code: §§ 251.72, 251.725
House Bill 2747: Clarifies the language in the Government Code to provide that a person is qualified for jury service if they are a “citizen” of the United States and “resident” of the Texas and the county in which the person is to serve.
Effective Date: September 1, 2015.
Statutes Affected:
Government Code: § 62.102
House Bill 2778: Expands the law to provide that a military or overseas voter may receive their balloting materials via email for any election in which the voter is eligible to vote.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 101.104
House Bill 2900: Amends the language to reflect the current federal agency that adopts voting system standards and the name of the standards.
Effective Date: Immediately (June 1, 2015)
Statutes Affected:
Election Code: § 122.001
House Bill 3157: Provides that a county election officer may create one combined notice of cancelled elections for all elections in which the officer is providing election services under a contract.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 2.081
House Bill 3456: Amends procedures related to district executive committees in the following manner:
- Changes the composition of a district executive committee to all members of each county executive committee that reside within the district.
- Provides that the state chair shall call a meeting(s) of precinct chairs to fill vacancy in nomination or to conduct any other business, and that the state chair shall provide notice of the time, place and purpose of any meeting(s).
- Provides that if a vacancy exists of senatorial district chair for a county immediately before the date of the ballot drawing, the appropriate county executive committee members will convene to elect that officer.
- Provides that if the district executive committee is meeting as a whole in one county, they shall elect a chair at their first meeting, but if the district executive committee is meeting separately in each county, they shall elect a chair at the committee’s first meeting among the membership of that county.
- Provides that when filling a vacancy in the nomination, the state chair shall canvass the votes of the district executive committee when they meet separately and make the certification required under Section 145.037.
- Provides that the state executive committee shall determine the quorum requirements by rule for the district executive committee to conduct business.
- Provides that state executive committee may by rule require a specific deadline for filling vacancies on a district executive committee prior to that committee filling a vacancy in nomination. However, the deadline set cannot be later than the date the vacancy in nomination must be filled. Any rule adopted may also include a requirement that a county executive committee publicly post on the committee’s website the names and addresses of the district executive committee as of the deadline specified in the rule.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 171.054
Senate Bill 142: Provides an optional procedure for training volunteer deputy registrars. The optional procedure must be developed by the Secretary of State or by the county and approved by the Secretary of State. The Secretary of State shall continue to provide training materials on its website, and shall prescribe and make available an examination based on the training materials. A county that adopts this procedure must allow a potential volunteer deputy registrar to take the examination during business hours, and, if the examination is completed successfully, the county must appoint the person as a volunteer deputy registrar. At the time of appointment, the county must inform the volunteer deputy registrar of any county specific procedures for processing applications, and inform them that the only requirements for voter registration are those prescribed by law of by the Secretary of State. A county that adopts this optional procedure does not have to provide in-person trainings.
Effective Date: Immediately (June 20, 2015)
Statutes Affected:
Election Code: § 13.048
Senate Bill 383: Provides that the jacket envelopes for early voting ballots by mail may be delivered to the early voting ballot board between the ninth day before the last day of early voting by personal appearance and the closing of polls on election day in counties with a population of 100,000 or more for county elections or elections conducted jointly with the county.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 87.0222(a)
Senate Bill 435: Provides that a county treasurer may administer an oath in Texas under Chapter 602 of the Government Code.
Effective Date: September 1, 2015
Statutes Affected:
Government Code: § 602.002
Senate Bill 455: Provides that a special three-judge district court may be convened for certain proceedings, including reapportionment of the districts for the House of Representatives, Senate, State Board of Education, United States Congress, or state judicial districts. The court must be convened at the request of the Attorney General to the Chief Justice of the Texas Supreme Court. The petition will stay proceedings until the Chief Justice may transfer the case to the special three-judge district court. The special court must be comprised of two district judges and one justice of a court of appeals, all generally from different geographic locations. The bill also provides language on the location of hearings, travel expenses, applicable rules, certain powers and procedures of the court.
Effective Date: September 1, 2015
Statutes Affected:
Government Code: § 22A.001
Senate Bill 733: Allows a governing body of a political subdivision, other than a county or municipal utility district, to change their general election date to a November uniform date before December 31, 2016.
Effective Date: Immediately (June 19, 2015)
Statutes Affected:
Election Code: § 41.0052(a)
Senate Bill 795: Provides that the Secretary of State shall cooperate with states and jurisdictions to develop systems that compare voter registration date to prevent duplication of registration in more than one state. The crosscheck system must comply with the National Voter Registration Act.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 18.062
Senate Bill 983: Clarifies that the legislative intent is not to impose a cost for obtaining certified records for the purpose of obtaining an election identification certificate. Further, the state registrar, local registrar or county clerk shall not charge a fee for searching for or providing a record. Local registers or county clerks may obtain the payment amount required by law from the state.
Effective Date: Immediately (May 27, 2015)
Statutes Affected:
Health and Safety Code: § 191.0046
Senate Bill 1072: If a precinct or county chair fails to perform statutory duties under the Election Code, or fails to attend four or more consecutive meetings of the county executive committee, they may be removed from office for abandonment. The county executive committee may pass a resolution allowing a county chair to send notice to a precinct chair that is considered to have abandoned the office. The notice must state the reasons the chair is believed to have abandoned office, must request a response from the precinct chair not later than the 7th day after receipt of the notice, and must be sent by certified mail. The state executive committee may pass a similar resolution allowing a state chair to send notice to a county chair that is considered to have abandoned the office. The notice must include the same elements as that for a precinct chair, and also be sent by certified mail. If the chair does not respond on or before the 7th day after the chair receives the notice and respond that they wish to remain in office, the office is considered abandoned.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 171.029
Senate Bill 1073: Requires that a candidate’s application for a place on the ballot must include a public mailing address and any available email address at which the candidate receives correspondence relating to the candidate’s campaign. In addition, the bill makes several changes to the primary election procedures:
- If a candidate’s filing fee that accompanied the application is returned for insufficient funds before the end of the filing deadline, the authority receiving the application shall return it to the candidate. The candidate may resubmit the application before the end of the filing period, but cannot submit the filing fee in a form a check from the same account of the payment that was returned. If the filing fee is returned for insufficient funds after the close of the filing period, the authority receiving the application shall inform the applicant that their application was not valid.
- The filing authority must provide notice to the candidate that the public mailing address and email address, if provided, will be posted on the Secretary of State’s website.
- Requires the Secretary of State to post the list of candidates certified by the state chair on the Secretary of State’s website. In addition to the list of certified candidates, the public mailing address, and email address, if provided, shall be posted to the website.
- Provides that the county chair, and at least one member of the county executive committee, if available, shall canvass the precinct returns for the county. The canvass is no longer required to occur at the county seat, but the notice of canvass must be posted on the commissioner’s court bulletin board or the county party’s website if they maintain one. Also, requires that the local canvass results be posted to the Secretary of State’s website.
- Requires county chairs to certify nominees for the general election ballot by notating the status of the candidate next to the candidate’s name on the Secretary of State’s website. After the county chair has completed the notations, they must file an affidavit stating that the returns posted on the Secretary of State’s website are correct and complete. After the affidavit is received, the authority preparing the general election ballot will use the list of candidate’s names on the Secretary of State’s website.
- Provides that the state chair will canvass returns on the state level, and the Secretary of State will preserve canvass and candidate information on the Secretary’s website for the required retention period.
- The state chair will post the name and address of each nominated candidate to the Secretary of State’s website. The state chair must file an affidavit with the Secretary of State the returns posted on the website are correct and complete.
- Requires the county clerk to prepare and file precinct results with the Secretary of State.
- Repeals provisions 172.021(e) and (g); 172.116(c), (d), (e); 172.117(b); and 172.120(c), (d), and (e).
- The Secretary of State must implement the changes by December 31, 2016.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: §§ 141.031, 172.021, 172.028, 172.116, 172.117, 172.120, 172.122, 172.124.
Senate Bill 1115: Provides that a pilot program related to the email return of ballots cast by military voters in a combat or hostile fire pay zone may be expanded to include a number of counties as determined by the Secretary of State that desire to participate in the program and have the technological capabilities to participate. The program will end of September 1, 2017.
Effective Date: Immediately (June 15, 2015)
Statutes Affected:
Election Code: § 105.004
Senate Bill 1448: Provides an alternative procedure for counties without party leadership for conducting the primary election. If the office of county chair is vacant and there is not a sufficient number of members on the county executive committee to fill the vacancy, and the party is unable to establish a temporary committee under Section 171.027, the alternative procedure may be used. On the request of the state chair, the county election officer shall contract with the state chair to hold a primary election in that county. The county may designate the location of the polling place used at the main early voting location or at another location in county seat to adequately serve the voters. Voting must be conducted at a minimum during the regular business hours that the county clerk’s main business office is open. The election returns shall be provided to the state chair. A precinct convention is not required to be held in a county using the alternative procedure. A contract for election services shall provide that the county is eligible to be reimbursed in the same manner that a county chair would be reimbursed under Chapter 173. Election officers appointed may be affiliated or aligned with any political party. The Secretary of State shall adopt rules to implement this section in accordance with the conduct of elections and with party rule.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 172.128
Senate Bill 1703: The bill amends several provisions related to the election calendar:
- Amends Section 11.055 of the Education Code to provide that a candidate must file an application for a place on the ballot not later the 78th day before election day for any uniform election date.
- Amends Section 1.006 of the Election Code to define a “national holiday” as a legal public holiday under 5 U.S.C. 6103, and includes days in which U.S. mail service is suspended due to the holiday falling on Saturday or Sunday.
- Amends Section 3.005 pf the Election Code to provide that an election must be ordered not later than the 78th day for any uniform election date.
- Amends Section 41.001 of the Election Code to provide that a runoff election following the May uniform election in even-numbered year may be held within 30 days of the runoff primary election.
- Amends Section 65.051 of the Election Code to provide that the early voting ballot board must convene and count provisional ballots no later than the 9th day after the election for uniform election dates, other than the date of the general election for state and county officers.
- Amends Section 86.008 of the Election Code to provide that if an early voting clerk receives a defective application for ballot by mail not later than the 18th day before election day, the early voting clerk shall mail a new application to the applicant.
- Amends Section 87.125 of the Election Code to provide that the early voting ballot board must convene and count late ballots mailed from overseas not later than the 9th day after election day for uniform election dates. However, for the general election for state and county officers, the early voting ballot board must convene and count not later than the 13th after election day.
- Amends Section 101.052 of the Election Code to provide that the deadline for a federal postcard application is the same as that for an application for ballot by mail.
- Amends Section 143.007 of the Election Code to provide that a candidate for a city office must file an application for a place on the ballot not later than the 78th day before election day for any uniform election date.
- Amends Section 144.005 of the Election Code to provide that a candidate for a political subdivision other than a city must file an application for a place on the ballot not later than the 78th day before election day for any uniform election date.
- Amends Section 144.006 of the Election Code to provide that a write-in candidate for a political subdivision other than a city must file a declaration of write-in candidacy not later than the 74th day before election day for any uniform election date, and may not withdraw later than the 71st day before election day.
- Amends Section 145.036 of the Election Code to provide that if a candidate for the primary election withdraws due to catastrophic illness after the first day after the date of the regular filing deadline, the party may make a replacement nomination if other conditions are met.
- Amends Section 145.096 of the Election Code to provide that if a candidate is declared ineligible after 5 p.m. of the 5th day after the filing deadline the candidate’s name will appear on the ballot. Also, for certain elections with a filing deadline of the 62nd day before election day, if a candidate is declared ineligible after 5 p.m. of the 57th day before election day, the candidate’s name will appear on the ballot.
- Amends Section 146.025 of the Election Code to provide that a declaration of write-in candidacy must be filed earlier than 30 days before the deadline for filing the declaration.
- Amends Section 146.0301 of the Election Code to provide that a write-in candidate for the general election for state and county officers may not withdraw after the 71st day before election day.
- Amends Section 146.054 of the Election Code to provide that a declaration of write-in candidacy in a city election must filed not later than the 74th day before election day, and may not withdraw later than the 71st day before election day.
- Amends Section 146.083 of the Election Code to provide that a write-in candidate for a special election to fill a vacancy in the legislature may not withdraw later than 5 p.m. of the 5th day after the filing deadline.
- Amends Section 172.028 of the Election Code to provide that the state chairs of a political party must notify county chairs in each county that the certification of candidates has been posted to the Secretary of State’s website not later than the 9th day after the date of the regular filing deadline.
- Amends Section 172.052 of the Election Code to provide a candidate may not withdraw from the general primary election after the first day after the date of the regular filing deadline.
- Amends Section 172.059 of the Election Code to provide that a candidate for nomination may not withdraw from the runoff primary election after 5 p.m. of the 3rd day after the state canvass.
- Amends Section 172.082 of the Election Code to provide that the ballot drawing for the general primary election shall not occur later than the 10th day after the date of the regular filing deadline for the general primary election.
- Amends Section 191.003 of the Election Code to provide that the state chair of each political party holding a presidential primary must provide the certification of candidates for the general primary election to the Secretary of State not later than the 9th day after the date of the regular filing deadline.
- Amends Section 192.031 of the Election Code to provide that the state chair of each political party that held a presidential primary must deliver written certification of the party’s nominees not later than the 71st day before presidential election day.
- Amends Section 192.062 of the Election Code to provide that the state chair of each political party must deliver certification of replacement nominee for president not later than the 71st day before presidential election day.
- Amends Section 192.064 of the Election Code to provide that an independent candidate for president whose original running mate dies, withdraws or is declared ineligible by a certain day, must deliver the certification of the replacement running mate not later than the 71st day before presidential election day.
- Amends Section 201.052 of the Election Code to provide that a special election to fill a vacancy shall be held on the first authorized uniform election date held on or after the 46th day after the date the election is ordered.
- Amends Section 201.054 of the Election Code to provide that a special election ordered not later than the 46th day before election day has a filing deadline of 5 p.m. on the 40th day before election day.
- Amends Section 202.006 of the Election Code to provide if vacancy in an office occurs after the fifth day before the date of the regular filing deadline for a party holding a primary election, the party may nominate a candidate for the unexpired term.
- Amends Section 274.003 of the Election Code to provide that the Secretary of State must deliver the certification of the constitutional amendments to be placed on the ballot not later than the 68th day before election day.
- Repeals Section 11.055(c) of the Education Code, and Sections 65.051(c) and 101.052(g) of the Election Code.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: §§ 1.006, 3.005, 41.001, 65.051, 86.008, 87.125, 101.052, 143.007, 144.005, 144.006, 145.036, 145.092, 145.096, 146.025, 146.0301, 146.054, 146.083, 172.028, 172.052, 172.059, 172.082, 191.003, 192.031, 192.062, 192.064, 201.052, 201.054, 202.006, and 274.003
Education Code: § 11.055
Senate Bill 1779: Amends Section 203.013 of the Election Code to provide that the order of candidate’s names in a runoff for a special election to fill a vacancy in legislature will be relative to the order of name on the original expedited ballot.
Effective Date: September 1, 2015
Statutes Affected:
Election Code: § 203.013
Joint Resolutions
HJR 73 – “The constitutional amendment authorizing the legislature to permit professional sports team charitable foundations to conduct charitable raffles.”
HJR 75 – “The constitutional amendment authorizing the legislature to provide for an exemption from ad valorem taxation of all or part of the market value of the residence homestead of the surviving spouse of a 100 percent or totally disabled veteran who died before the law authorizing a residence homestead exemption for such a veteran took effect.”
SJR 1 – “The constitutional amendment increasing the amount of the residence homestead exemption from ad valorem taxation for public school purposes from $15,000 to $25,000, providing for a reduction of the limitation on the total amount of ad valorem taxes that may be imposed for those purposes on the homestead of an elderly or disabled person to reflect the increased exemption amount, authorizing the legislature to prohibit a political subdivision that has adopted an optional residence homestead exemption from ad valorem taxation from reducing the amount of or repealing the exemption, and prohibiting the enactment of a law that imposes a transfer tax on a transaction that conveys fee simple title to real property.”
SJR 5 – “The constitutional amendment dedicating certain sales and use tax revenue and motor vehicle sales, use, and rental tax revenue to the state highway fund to provide funding for nontolled roads and the reduction of certain transportation-related debt.”
SJR 17 – “The constitutional amendment to authorize counties with a population of 7,500 or less to perform private road construction and maintenance.”
SJR 22 – “The constitutional amendment recognizing the right of the people to hunt, fish, and harvest wildlife subject to laws that promote wildlife conservation.”
SJR 52 – “The constitutional amendment repealing the requirement that state officers elected by voters statewide reside in the state capital.”
