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  S.B. No. 904
 
 
 
 
AN ACT
  relating to the adoption of certain voting procedures and the
  modification of certain election deadlines, including those
  necessary to implement the federal Military and Overseas Voter
  Empowerment Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 101.007, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The secretary of state shall make a checklist or similar
  guidelines available for optional use by early voting clerks in
  processing an application and providing balloting materials under
  this chapter.
         SECTION 2.  Subsection (b), Section 101.107, Election Code,
  is amended to read as follows:
         (b)  A voter who receives a ballot under this subchapter must
  return the ballot in the same manner as required under Section
  101.057 except that a voter who completes a signature sheet is not
  required to complete a carrier envelope. Except [and, except] as
  provided by Chapter 105, the voter may not return the ballot by
  electronic transmission.
         SECTION 3.  Subsection (a), Section 145.092, Election Code,
  is amended to read as follows:
         (a)  Except as otherwise provided by this section, a
  candidate may not withdraw from an election after 5 p.m. of the
  fifth [third] day after the deadline for filing the candidate's
  application for a place on the ballot.
         SECTION 4.  Subsections (a) and (b), Section 172.054,
  Election Code, are amended to read as follows:
         (a)  The deadline for filing an application for a place on
  the general primary election ballot is extended as provided by this
  section if a candidate who has made an application that complies
  with the applicable requirements:
               (1)  dies on or after the fifth day before the date of
  the regular filing deadline and on or before the first [79th] day
  after the date of the regular filing deadline [before general
  primary election day];
               (2)  holds the office for which the application was
  made and withdraws or is declared ineligible on [or after] the date
  of the regular filing deadline [and on] or [before] the first [79th]
  day after the date of the regular filing deadline [before general
  primary election day]; or
               (3)  withdraws or is declared ineligible during the
  period prescribed by Subdivision (2), and at the time of the
  withdrawal or declaration of ineligibility no other candidate has
  made an application that complies with the applicable requirements
  for the office sought by the withdrawn or ineligible candidate.
         (b)  An application for an office sought by a withdrawn,
  deceased, or ineligible candidate must be filed not later than 6
  p.m. of the fifth day after the date of the regular filing deadline
  [81st day before general primary election day].  An application
  filed by mail with the state chair is not timely if received later
  than 5 p.m. of the fifth day after the date of the regular filing
  deadline [81st day before general primary election day].
         SECTION 5.  Section 172.057, Election Code, is amended to
  read as follows:
         Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE
  CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT.  A
  candidate's name shall be omitted from the general primary election
  ballot if the candidate withdraws, dies, or is declared ineligible
  on or before the first [79th] day after the date of the regular
  filing deadline [before general primary election day].
         SECTION 6.  Subsection (a), Section 172.058, Election Code,
  is amended to read as follows:
         (a)  If a candidate who has made an application for a place on
  the general primary election ballot that complies with the
  applicable requirements dies or is declared ineligible after the
  first [79th] day after the date of the regular filing deadline
  [before general primary election day], the candidate's name shall
  be placed on the ballot and the votes cast for the candidate shall
  be counted and entered on the official election returns in the same
  manner as for the other candidates.
         SECTION 7.  Subsections (a) and (c), Section 202.004,
  Election Code, are amended to read as follows:
         (a)  A political party's nominee for an unexpired term must
  be nominated by primary election if:
               (1)  the political party is making nominations by
  primary election for the general election in which the vacancy is to
  be filled; and
               (2)  the vacancy occurs on or before the fifth [62nd]
  day before the date of the regular deadline for candidates to file
  applications for a place on the general primary ballot [general
  primary election day].
         (c)  If the vacancy occurs after the 10th day before the date
  of the regular filing deadline, an application for the unexpired
  term must be filed not later than 6 [5] p.m. of the fifth day after
  the date of the regular filing deadline [15th day after the date the
  vacancy occurs or 5 p.m. of the 60th day before general primary
  election day, whichever is earlier].
         SECTION 8.  (a)  Section 50, Chapter 1318 (Senate Bill No.
  100), Acts of the 82nd Legislature, Regular Session, 2011, is
  repealed.
         (b)  The secretary of state may not adjust or modify affected
  election dates, deadlines, or procedures to implement the federal
  Military and Overseas Voter Empowerment Act under Section 50,
  Chapter 1318 (Senate Bill No. 100), Acts of the 82nd Legislature,
  Regular Session, 2011.
         (c)  This section takes effect December 31, 2016.
         SECTION 9.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 904 passed the Senate on
  April 15, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 904 passed the House on
  May 20, 2013, by the following vote:  Yeas 147, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor