CHAPTER 163. PARTY RULES - Texas Statutes

ELECTION CODE

TITLE 10. POLITICAL PARTIES

SUBTITLE A. INTRODUCTORY PROVISIONS

CHAPTER 163. PARTY RULES

Sec. 163.001. APPLICABILITY OF CHAPTER. This chapter applies

only to a political party that has a state executive committee.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 163.002. REQUIRED RULES. A political party that makes

nominations in this state shall adopt rules that:

(1) prescribe the parliamentary procedure governing the conduct

of party meetings and conventions from the precinct level to the

state level, including:

(A) quorums;

(B) casting and counting votes;

(C) operation of executive committees;

(D) appointment and duties of convention committees; and

(E) presentation of matters before a convention;

(2) prescribe the method of selecting the party's presidential

elector candidates;

(3) prescribe the manner of selecting party officers, convention

delegates, convention alternates, and convention officials;

(4) provide for representative apportionment of party officers,

convention delegates, convention alternates, and convention

officials throughout the state on the basis of population, party

strength, or both, within the appropriate territorial unit;

(5) provide for periodic publication and publicizing of party

rules; and

(6) prescribe the manner of adopting party rules and amendments

to the rules.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 163.003. CONSISTENCY WITH STATE LAW. The rules adopted by

a political party must be consistent with state law.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 163.004. ADOPTING RULES. (a) A political party's rules,

including amendments to rules, governing or affecting its general

or runoff primary elections, conventions held under this code, or

nominees may be adopted only by:

(1) a state convention; or

(2) the state executive committee as a temporary rule, if

adoption before the next state convention is necessary.

(b) A temporary rule must be considered by the first state

convention following its adoption. The state convention may

rescind, modify, or ratify the temporary rule. If the state

convention fails to act, the temporary rule expires on the day

after the date the convention adjourns.

(c) In this chapter, "rule on electoral affairs" means a rule or

amendment of the class described by Subsection (a).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 8, eff. Sept. 1,

1987.

Sec. 163.005. FILING RULES WITH SECRETARY OF STATE; EFFECTIVE

DATE. (a) The state chair shall file a copy of each rule on

electoral affairs with the secretary of state.

(b) Except as provided by Section 163.006, the rule shall be

filed not later than the 30th day after the date of its adoption.

(c) If the state chair fails to make a timely filing, any member

of the state executive committee may make the filing.

(d) A filing must be accompanied by a written statement signed

by the state chair or any two members of the state executive

committee indicating whether the rule is temporary or permanent.

(e) A rule on electoral affairs is not effective until filed.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 110, eff. Sept. 1, 1997.

Sec. 163.006. DEADLINE FOR FILING CERTAIN RULES. (a) A rule on

electoral affairs that is to become effective in a year in which

the party will hold precinct conventions under this title must be

filed with the secretary of state not later than the 30th day

before the date of convening the precinct conventions. The

secretary of state may extend this deadline for good cause.

(b) If a political party fails to file a rule as provided by

Subsection (a), the party is not entitled to have its nominees

placed on the ballot for the general election for state and

county officers.

(c) Before general primary election day, the secretary of state

shall notify the authority responsible for having the official

general election ballot prepared in each county of each political

party that failed to file a rule as provided by Subsection (a)

and shall order those authorities to omit the party's nominees

from the general election ballot.

(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

statewide or district office on the most recent general election

ballot.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 111, eff. Sept. 1, 1997.

Sec. 163.007. RULES ENFORCEABLE BY MANDAMUS. A rule on

electoral affairs is enforceable by writ of mandamus in the same

manner as if the rule were a statute.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.