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  H.B. No. 2640
 
 
 
 
AN ACT
  relating to political parties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 67.017(a) and (b), Election Code, are
  amended to read as follows:
         (a)  After each election for a statewide office or the office
  of United States representative, state senator, or state
  representative, a district office, a county office, or a precinct
  office, the county clerk shall prepare a report of the number of
  votes, including early voting votes cast by mail and early voting
  votes cast by personal appearance, received in each county election
  precinct for each candidate for each of those offices. In a
  presidential election year, the report must include the number of
  votes received in each precinct for each set of candidates for
  president and vice-president of the United States. [For any other
  election, the presiding officer of the canvassing authority shall
  prepare a report of the precinct results as contained in the
  election register.]
         (b)  The county clerk [or presiding officer] shall deliver
  the report to the secretary of state not later than the 30th day
  after election day in an electronic format prescribed by the
  secretary of state.
         SECTION 2.  Section 161.008(b), Election Code, is amended to
  read as follows:
         (b)  Not later than the 68th day before general election day,
  the secretary of state shall deliver the certification to the
  authority responsible for having the official general election
  ballot prepared in each county in which the candidate's name is to
  appear on the ballot. The secretary of state may deliver the
  certification by notifying the authority that the candidates posted
  on the secretary of state's Internet website are the candidates
  certified. In addition to the other methods of delivering the
  certification under this section, the secretary of state shall
  deliver a copy of the certification to the authority by e-mail.
         SECTION 3.  Section 162.003, Election Code, is amended to
  read as follows:
         Sec. 162.003.  AFFILIATION BY VOTING IN PRIMARY. A person
  becomes affiliated with a political party when the person:
               (1)  is accepted to vote in the party's primary
  election; or
               (2)  returns [applies for and is provided] an early
  voting or limited primary ballot [to be] voted by mail.
         SECTION 4.  Section 162.004, Election Code, is amended by
  adding Subsection (a-1) and amending Subsections (b) and (c) to
  read as follows:
         (a-1)  An election officer shall stamp a voter registration
  certificate with a party affiliation under Subsection (b) or
  provide an affiliation certificate under Subsection (c) unless, not
  later than the 90th day before the date of the primary election, the
  county chair notifies the county clerk that the chair does not
  require a stamped voter registration certificate or affiliation
  certificate for verification of attendance at a precinct
  convention.
         (b)  Subject to Subsection (a-1), an [An] election officer at
  a primary election polling place shall stamp the party's name in the
  party affiliation space of the registration certificate of each
  voter who presents the voter's registration certificate and is
  accepted to vote unless the party name has already been stamped in
  the space.
         (c)  Subject to Subsection (a-1), if [If] a voter is accepted
  to vote without presenting a registration certificate, the
  presiding judge shall issue the voter an affiliation certificate.
  The certificate is not required to be issued to a voter in a runoff
  primary unless the voter requests it. The affiliation certificate
  may be combined with the notice provided under Section 172.1114. If
  the combined form is used, an election officer is not required to
  comply with Subsection (b).
         SECTION 5.  Section 162.005, Election Code, is amended to
  read as follows:
         Sec. 162.005.  AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.
  Subject to Section 162.004(a-1), the [The] early voting clerk in a
  general primary election shall provide an affiliation certificate
  with each early voting or limited ballot to be voted by mail. The
  certificate is not required to be provided to an applicant for a
  runoff primary ballot unless the applicant requests it.
         SECTION 6.  Sections 162.008(b) and (c), Election Code, are
  amended to read as follows:
         (b)  On request of a person desiring to affiliate with a
  political party, a member of the county executive committee for the
  county in which the person resides or other person authorized by
  party rule shall administer the following oath: "I swear that I have
  not voted in a primary election or participated in a convention of
  another party during this voting year. I hereby affiliate myself
  with the __________ Party." [prescribed by Section 162.007(b).]
         (c)  After administering the oath, the committee member or
  authorized person may [shall] stamp the party's name in the party
  affiliation space unless the party name has already been stamped in
  the space. If the person does not present a registration
  certificate, the committee member or authorized person on the
  person's request shall issue the person an affiliation certificate
  [on the person's registration certificate or issue the person an
  affiliation certificate as provided by Section 162.007(c)].
         SECTION 7.  Section 171.002, Election Code, is amended to
  read as follows:
         Sec. 171.002.  COMMITTEE COMPOSITION. (a) The state
  executive committee consists of two members from each state
  senatorial district or congressional district, as determined by
  party rule. One of each district's members must be a man and the
  other a woman.
         (b)  In addition to the members representing the senatorial
  or congressional districts, the committee has a chair and a vice
  chair, one of whom must be a man and the other a woman. Except as
  otherwise provided by party rule, the chair and vice chair are
  considered members of the committee.
         (c)  The chair, vice chair, and members representing the
  senatorial or congressional districts are elected at the party's
  biennial state convention. However, the chair, vice chair, and
  members may be elected for four-year terms at the state convention
  held in gubernatorial election years. Each holds office until a
  successor is elected and assumes office.
         (d)  The members elected to represent a particular
  senatorial or congressional district must be those recommended by
  the convention delegates representing that senatorial or
  congressional district.
         SECTION 8.  Section 171.003(c), Election Code, is amended to
  read as follows:
         (c)  To be eligible to serve as a replacement to fill a
  vacancy in a membership representing a senatorial or congressional
  district, a person must reside in the district.
         SECTION 9.  Section 171.004(a), Election Code, is amended to
  read as follows:
         (a)  To participate in a state executive committee meeting as
  a proxy for a member representing a senatorial or congressional
  district, a person must reside in that district.
         SECTION 10.  Section 171.0231, Election Code, is amended to
  read as follows:
         Sec. 171.0231.  WRITE-IN CANDIDATE FOR COUNTY CHAIR OR
  PRECINCT CHAIR. (a) Write-in candidates are not permitted for
  county chair or precinct chair unless a county executive committee
  authorizes write-in candidates.
         (b)  If the county executive committee authorizes write-in
  candidates:
               (1)  a [(a) A] write-in vote for the office of county
  chair or precinct chair may not be counted unless the name written
  in appears on the list of write-in candidates;
               (2)  to[.
         [(b)  To] be entitled to a place on the list of write-in
  candidates, a candidate must make a declaration of write-in
  candidacy;
               (3)  a[.
         [(c)  A] declaration of write-in candidacy must be filed with
  the authority with whom an application for a place on the ballot is
  required to be filed for the office;
               (4)  a[.
         [(d)  A] declaration of write-in candidacy must be filed not
  later than 6 p.m. of the fifth day after the date of the filing
  deadline for the general primary election;
               (5)  with[.
         [(e)  With] the appropriate modifications and to the extent
  practicable, Subchapter B, Chapter 146, applies to write-in voting
  for the office of county chair or precinct chair; and
               (6)  the[.
         [(g)  The] secretary of state shall prescribe any procedures
  necessary to implement this subsection [section].
         SECTION 11.  Section 171.024, Election Code, is amended by
  amending Subsection (e) and adding Subsections (f) and (g) to read
  as follows:
         (e)  After a vacancy is filled, the county chair shall submit
  the replacement member's name to the secretary of state for posting
  on the secretary of state's Internet website [promptly deliver
  written or electronic notice of the replacement member's name and
  address to the state chair and to the county clerk].
         (f)  The secretary of state shall create a system for the
  county chair to submit the information to the secretary of state for
  posting on the secretary of state's Internet website under
  Subsection (e).
         (g)  The state executive committee may by rule require a
  specific deadline for filling vacancies on a county executive
  committee before that committee fills a vacancy in nomination for
  public office, but may not set the deadline for a date later than
  the date that the vacancy in nomination for public office occurred.
  The deadline does not apply to the filling of a vacancy if the
  executive committee contains no members.
         SECTION 12.  Section 171.051, Election Code, is amended to
  read as follows:
         Sec. 171.051.  DISTRICT EXECUTIVE COMMITTEE ESTABLISHED.
  (a) For each district from which an officer of the federal or state
  government is elected, a district executive committee is
  established as provided by this subchapter for each political party
  holding a primary election.
         (b)  The state executive committee may by rule require a
  specific deadline for filling vacancies on a district executive
  committee before that committee fills a vacancy in nomination for
  public office, but may not set the deadline for a date later than
  the date that the vacancy in nomination for public office occurred.
  The deadline does not apply to the filling of a vacancy if the
  executive committee contains no members.
         SECTION 13.  Section 171.053(a), Election Code, is amended
  to read as follows:
         (a)  The district executive committee for a district
  comprising only a part of a single county consists of the members of
  the county executive committee who reside [precinct chairs of the
  county election precincts] in the district.
         SECTION 14.  Section 171.071, Election Code, is amended to
  read as follows:
         Sec. 171.071.  PRECINCT EXECUTIVE COMMITTEE ESTABLISHED.
  (a) For each commissioners precinct and for each justice precinct,
  a precinct executive committee is established as provided by this
  subchapter for each political party holding a primary election.
         (b)  The state executive committee may by rule require a
  specific deadline for filling vacancies on a precinct executive
  committee before that committee fills a vacancy in nomination for
  public office, but may not set the deadline for a date later than
  the date that the vacancy in nomination for public office occurred.
  The deadline does not apply to the filling of a vacancy if the
  executive committee contains no members.
         SECTION 15.  Section 171.072(a), Election Code, is amended
  to read as follows:
         (a)  The precinct executive committee for a commissioners
  precinct or for a justice precinct containing three or more county
  election precincts consists of the members of the county executive
  committee who reside [precinct chair of each county election
  precinct] in the commissioners or justice precinct, as applicable.
         SECTION 16.  Subchapter B, Chapter 172, Election Code, is
  amended by adding Sections 172.0222 and 172.0223 to read as
  follows:
         Sec. 172.0222.  REVIEW OF APPLICATION; NOTICE TO CANDIDATE.
  (a) If the application of this section conflicts with the
  application of Section 141.032, this section prevails.
         (b)  On the filing of an application for a place on the
  general primary election ballot, the authority with whom the
  application is filed shall review the application to determine
  whether it complies with the requirements as to form, content, and
  procedure that it must satisfy for the candidate's name to be placed
  on the general primary election ballot.
         (c)  Except as provided by Subsection (d) or (e), the review
  shall be completed not later than the fifth business day after the
  date the application is received by the authority.
         (d)  If an application is submitted fewer than five business
  days before the regular filing deadline, the review shall be
  completed not later than the first Friday after the regular filing
  deadline.
         (e)  If an application is accompanied by a petition, the
  petition is considered part of the application, and the review
  shall be completed as soon as practicable after the date the
  application is received by the authority. However, the petition is
  not considered part of the application for purposes of determining
  compliance with the requirements applicable to each document, and a
  deficiency in the requirements for one document may not be remedied
  by the contents of the other document. Unless the petition is
  challenged, the authority is only required to review the petition
  for facial compliance with the applicable requirements as to form,
  content, and procedure.
         (f)  A determination under this section that an application
  complies with the applicable requirements does not preclude a
  subsequent determination that the application does not comply,
  subject to Section 172.0223.
         (g)  If an application does not comply with the applicable
  requirements, the authority shall reject the application and
  immediately deliver to the candidate written notice of the reason
  for the rejection.
         (h)  This section does not apply to a determination of a
  candidate's eligibility.
         (i)  After the filing deadline:
               (1)  a candidate may not amend an application filed
  under Section 172.021; and
               (2)  the authority with whom the application is filed
  may not accept an amendment to an application filed under Section
  172.021.
         Sec. 172.0223.  LIMITATION ON CHALLENGE OF APPLICATION. (a)
  If the application of this section conflicts with the application
  of Section 141.034, this section prevails.
         (b)  An application for a place on the general primary
  election ballot may not be challenged for compliance with the
  applicable requirements as to form, content, and procedure after
  the 50th day before the date of the election for which the
  application is made.
         (c)  This section does not apply to a determination of a
  candidate's eligibility.
         (d)  A challenge must state with specificity how the
  application does not comply with the applicable requirements as to
  form, content, and procedure. The authority's review of the
  challenge is limited to the specific items challenged and any
  response filed with the authority by the challenged candidate.
         SECTION 17.  Section 172.055(c), Election Code, is amended
  to read as follows:
         (c)  Not later than 24 hours after the candidate withdraws or
  is declared ineligible or after the authority preparing the notice
  learns of the candidate's death, as applicable, the authority
  shall:
               (1)  deliver a copy of the notice to:
                     (A) [(1)]  at least one daily newspaper published
  in the county or, if none, at least one weekly newspaper published
  there, if any, for a notice prepared by the county chair;
                     (B) [(2)]  at least three daily newspapers that
  regularly maintain a news representative at the State Capitol, for
  a notice applicable to a statewide office; or
                     (C) [(3)]  at least one daily newspaper published
  in each county wholly or partly situated in the district or, if
  none, at least one weekly newspaper published there, if any, for a
  notice prepared by the state chair for a district office;
               (2)  post the notice on the authority's Internet
  website, if one is maintained; and
               (3)  send a copy of the notice to:
                     (A)  the secretary of state, to be posted on the
  secretary of state's Internet website, for a candidate for an
  office filled by voters of more than one county; or
                     (B)  the county clerk, to be posted on the
  county's Internet website, for an office filled by voters of a
  single county.
         SECTION 18.  Section 172.082, Election Code, is amended by
  amending Subsections (b) and (f) and adding Subsection (g) to read
  as follows:
         (b)  The county chair or the county chair's designee shall
  conduct the drawing unless the county executive committee provides
  by resolution that the drawing be conducted by the primary
  committee.
         (f)  The state chair shall conduct the drawing if:
               (1)  the county chair[:
               [(1)]  requests that the state chair conduct the
  drawing; or
               (2)  the county chair or the county chair's designee
  fails to conduct the drawing by the deadline set in this section.
         (g)  A designee appointed by the county chair to conduct the
  drawing under this section must be:
               (1)  a member of the county executive committee; or
               (2)  if no member of the county executive committee is
  available to conduct the drawing, a resident of the county served by
  the committee who is affiliated with the same political party.
         SECTION 19.  Section 172.088(g), Election Code, is amended
  to read as follows:
         (g)  The state executive committee shall prescribe the
  wording of the ballot language for the proposition submitted by the
  petition [submitting a proposal].
         SECTION 20.  Section 172.090, Election Code, is amended by
  amending Subsection (a) and adding Subsections (d) and (e) to read
  as follows:
         (a)  In a primary election [in which election precincts are
  consolidated], the county executive committee may provide by
  resolution, order, or other official action for voting [in a
  consolidated precinct] by separate paper ballot for the office of
  precinct chair.
         (d)  The county chair or the county clerk may produce and
  number ballots by hand under this section.
         (e)  The secretary of state shall adopt rules for conducting
  a hand count of ballots under this section.
         SECTION 21.  Sections 172.1111(a) and (c), Election Code,
  are amended to read as follows:
         (a)  Before the opening of the polls during the early voting
  period and on election day, the presiding judge shall post at each
  outside door through which a voter may enter the building in which
  the polling place is located a written notice in bold print of the
  date, hour, and place for each precinct, county, senatorial, or
  state convention that a voter in the precinct may be eligible to
  attend during the election year.
         (c)  The notice must remain posted continuously through the
  early voting period and on election day.
         SECTION 22.  Section 172.1112(a), Election Code, is amended
  to read as follows:
         (a)  The county clerk shall post a notice of the election and
  a notice of consolidated precincts, if applicable, in the manner
  prescribed by Section 4.003(b) for general and special elections.  
  The notice of the election shall be posted on the county's [party's]
  Internet website, if the county [party] maintains a website.  If the
  county [party] does not maintain a website, the notice shall be
  posted on the bulletin board used for posting notice of meetings of
  the commissioners court.
         SECTION 23.  Section 172.1114(e), Election Code, is amended
  to read as follows:
         (e)  A county chair of a political party shall supply or
  contract with the authority to supply a notice prepared according
  to this section to the authority conducting the election not later
  than the 30th day before the date early voting by personal
  appearance begins.  The authority's preparation of copies is a
  necessary expense incurred in connection with a primary election
  under Section 173.001.
         SECTION 24.  Section 172.113(e), Election Code, is amended
  to read as follows:
         (e)  On completing the tabulation, the authority shall:
               (1)  deliver it to the general custodian; or [may]
               (2)  post the tabulation:
                     (A)  on the county's website; and [or]
                     (B)  if required by secretary of state rule, the
  secretary of state's website.
         SECTION 25.  Section 172.1141, Election Code, is amended to
  read as follows:
         Sec. 172.1141.  LIST OF REGISTERED VOTERS FOR CONVENTION.
  (a) A county clerk shall prepare a list under this section unless,
  not later than the 90th day before the date of the primary, the
  county chair notifies the county clerk that the chair does not
  require a list. At the same time the acceptance of each voter for
  voting in the general primary election is indicated on the precinct
  list of registered voters furnished for use in the election, the
  acceptance of the voter shall also be indicated on the list
  furnished for use in the party's conventions.
         (b)  If a county records the acceptance of a voter
  electronically, the state chair or county chair may request and the
  county clerk shall provide not later than the date of the local
  general primary canvass an electronic document listing the persons
  who voted in the party primary, the unique identifier assigned to
  each person, and whether the person voted early in person or by
  mail, or voted in person on election day.
         SECTION 26.  Section 172.115(c), Election Code, is amended
  to read as follows:
         (c)  The presiding judge shall retain and provide at the
  appropriate time the list of registered voters to be used in the
  party's conventions if the list was produced under Section
  172.1141.
         SECTION 27.  Section 172.116, Election Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsection (h) to
  read as follows:
         (a)  The county chair or the county chair's designee  and, if
  available, at least one member of the county executive committee
  selected by the county executive committee shall canvass the
  precinct election returns for the county.
         (b)  The county chair or the county chair's designee  and any
  selected county executive committee member shall convene to conduct
  the local canvass on the second Thursday after election day at the
  hour specified by the county chair and posted on the county party
  website or the commissioners court bulletin board if the county
  organization of the political party does not maintain a website.
         (c)  The county clerk shall prepare and electronically
  submit to the secretary of state a report of the results of the
  canvass, which must include:
               (1)  the total number of votes cast in each precinct for
  each candidate or measure; and
               (2)  the number of counted and uncounted provisional
  ballots cast in each precinct.
         (h)  A designee appointed by the county chair to conduct the
  local canvass under this section must be:
               (1)  a member of the county executive committee; or
               (2)  if no member of the county executive committee is
  available to conduct the canvass, a resident of the county served by
  the committee who is affiliated with the same political party.
         SECTION 28.  Sections 172.117(a-1) and (a-2), Election Code,
  are amended to read as follows:
         (a-1)  The secretary of state shall develop appropriate
  notations to describe the status of each candidate. The notations
  shall include:
               (1)  "filed";
               (2)  "accepted";
               (3)  "rejected";
               (4)  "withdrew";
               (5) [(3)]  "lost primary";
               (6) [(4)]  "in runoff";
               (7) [(5)]  "lost runoff";
               (8) [(6)]  "deceased";
               (9) [(7)]  "declared ineligible"; or
               (10) [(8)]  "nominee for general election."
         (a-2)  The county chair shall update the notations after each
  general primary and runoff primary election, unless the secretary
  of state's Internet website automatically updates the notations
  based on election returns. After any withdrawal or death of a
  candidate, and subsequent replacement of the candidate on the
  ballot, the chair shall notify the state chair, who shall update the
  notation on the website. All notations must be completed and
  accurate on the date prescribed by the secretary of state by rule to
  ensure that an authority printing general election ballots may rely
  on the information.
         SECTION 29.  Section 172.121(b), Election Code, is amended
  to read as follows:
         (b)  The secretary of state shall update the status of each
  candidate as appropriate [The state chair shall deliver the
  certification] by posting next to the candidate's name on the
  secretary of state's website whether the person lost in the primary
  or is in a runoff for the position as soon as practicable after the
  state canvass of the general primary election is completed.
         SECTION 30.  Section 172.122, Election Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Not later than the 20th day after the date the state
  canvass is completed, the state chair shall submit [deliver] the
  certification to the secretary of state for posting on the
  secretary of state's Internet website.
         (c)  The secretary of state shall create a system for the
  state chair to submit the information to the secretary of state for
  posting on the secretary of state's Internet website under
  Subsection (b).
         SECTION 31.  Section 172.124(a), Election Code, is amended
  to read as follows:
         (a)  For each primary election, the county clerk shall
  prepare a report of the number of votes, including early voting
  votes, received in each county election precinct by each candidate
  for an [a statewide] office, other than a party office, [or the
  office of United States representative, state senator, or state
  representative,] as provided by Section 67.017 for the report of
  precinct results for a general election.
         SECTION 32.  Section 172.130(a), Election Code, is amended
  to read as follows:
         (a)  Notwithstanding a conflicting provision of this code,
  the state chair, or the state chair's designee, may perform any
  administrative duty of the county chair, county chair's designee,
  or county executive committee related to the conduct of a primary
  election that has not been performed in the time required by law,
  including the submission of candidate information under Section
  172.029, drawing for ballot order under Section [Sections] 172.082
  [and 172.084], and canvassing returns under Section 172.116.
         SECTION 33.  Section 173.032(c), Election Code, is amended
  to read as follows:
         (c)  The state chair may, with the consent of the secretary
  of state and the county chair or county executive committee, if one
  exists for the county, accept money into the state primary fund on
  behalf of a county party. The state chair must keep records to
  track the money that is attributable to a county.
         SECTION 34.  Subchapter B, Chapter 173, Election Code, is
  amended by adding Section 173.0341 to read as follows:
         Sec. 173.0341.  STATE CHAIR AS FISCAL AGENT FOR COUNTY
  PARTY. (a) A state chair, or the designee of a state chair, may
  enter into an agreement with a county chair under which the state
  chair will act as a fiscal agent for the county party.
         (b)  The secretary of state shall prescribe the form of an
  agreement under this section.
         (c)  If the state chair acts as the fiscal agent for a county
  party in accordance with an agreement under this section:
               (1)  the state chair shall deliver the completed
  agreement to the secretary of state;
               (2)  any filing fee received by the county party under
  Subchapter C must be made payable to the state party for deposit in
  the state primary fund not later than five days after receipt of the
  filing fee;
               (3)  the county chair or county executive committee
  shall make a request in accordance with Section 31.093 to enter into
  a contract with the county elections administrator to conduct
  primary elections in the county; and
               (4)  Section 173.031 does not apply to the county
  party.
         SECTION 35.  Section 173.061, Election Code, is amended to
  read as follows:
         Sec. 173.061.  FEE PAID TO COUNTY CHAIR. Except as provided
  by Section 173.0341(c)(2), the [The] county chair shall deposit in
  the county primary fund each filing fee accompanying an application
  for a place on the ballot filed with the county chair.
         SECTION 36.  Section 174.021(b), Election Code, is amended
  to read as follows:
         (b)  A political party may by rule allow a county to hold
  precinct conventions before or during the county convention on the
  same day and at the same place as the county convention. The rule
  may modify other provisions of this subchapter as necessary for the
  county to hold precinct conventions as provided by this subsection.
         SECTION 37.  Section 174.025(c), Election Code, is amended
  to read as follows:
         (c)  Before conducting business, the precinct chair shall
  prepare a list containing the name and residence address of each
  person who is admitted to participate in the convention. The state
  executive committee by rule may adopt an alternate process in place
  of the requirement under this subsection.
         SECTION 38.  Sections 174.064(c) and (d), Election Code, are
  amended to read as follows:
         (c)  The county chair shall post [and deliver] the notice of
  a county convention. The temporary chair of a senatorial district
  convention shall post [and deliver] the notice of the senatorial
  district convention.
         (d)  If the county chair fails to post [or deliver] notice in
  accordance with this section, another member of the county
  executive committee may post [or deliver] the notice. If the
  temporary chair of a senatorial district convention fails to post
  [or deliver] notice in accordance with this section, another member
  of the county executive committee who may participate in setting
  the convention's hour and place may post [or deliver] the notice.
         SECTION 39.  Section 191.003, Election Code, is amended to
  read as follows:
         Sec. 191.003.  NOTICE OF CANDIDATES TO SECRETARY OF STATE.
  (a) The state chair of each political party holding a presidential
  primary election shall submit the information to the secretary of
  state for posting on the secretary of state's Internet website and
  certify the name of each presidential candidate who qualifies for a
  place on the presidential primary election ballot in the same
  manner as a candidate filing for statewide, district, and county
  offices [and deliver the certification to the secretary of state]
  not later than the ninth day after the date of the regular filing
  deadline for the general primary election.
         (b)  The secretary of state shall create a system for
  submitting the information to the secretary of state for posting on
  the secretary of state's Internet website under Subsection (a).
         SECTION 40.  Section 191.004(b), Election Code, is amended
  to read as follows:
         (b)  The names of the presidential candidates shall be
  printed as the first race on the ballot under the heading
  "Preference For Presidential Nominee" followed by the instruction,
  "You may vote for one presidential candidate whose name appears on
  the ballot by making a mark [placing an 'X'] in the shape [square]
  beside the candidate's name." If party rules provide for voting for
  an uncommitted status, the instruction shall read, "You may vote
  for one presidential candidate whose name appears on the ballot by
  making a mark [placing an 'X'] in the shape [square] beside the
  candidate's name or you may vote as uncommitted by making a mark
  [placing an 'X'] in the shape [square] beside 'Uncommitted.' Make
  only one choice." The instruction shall be changed as appropriate
  to accommodate the form of a voting system ballot.
         SECTION 41.  Section 191.008(d), Election Code, is amended
  to read as follows:
         (d)  For a political party to be entitled to have its
  nominees for president and vice-president of the United States
  placed on the general election ballot in an election year in which
  the party is holding a presidential primary election, the rules
  adopted under this section or the rules already in existence must be
  posted on the party's Internet website and filed with the secretary
  of state not later than January 5 of the presidential election year.
  The secretary of state may extend this deadline for good cause.
         SECTION 42.  The following provisions of the Election Code
  are repealed:
               (1)  Section 171.054(g);
               (2)  Section 174.023(b); and
               (3)  Section 174.064(b).
         SECTION 43.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2640 was passed by the House on May
  10, 2019, by the following vote:  Yeas 130, Nays 11, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2640 on May 24, 2019, by the following vote:  Yeas 100, Nays 40,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2640 was passed by the Senate, with
  amendments, on May 22, 2019, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor