CHAPTER 191. SELECTION OF DELEGATES TO NATIONAL NOMINATING CONVENTION - Texas Statutes

ELECTION CODE

TITLE 11. PRESIDENTIAL ELECTIONS

CHAPTER 191. SELECTION OF DELEGATES TO NATIONAL NOMINATING

CONVENTION

SUBCHAPTER A. PRESIDENTIAL PRIMARY ELECTION

Sec. 191.001. PARTIES REQUIRED TO HOLD PRESIDENTIAL PRIMARY

ELECTION. To be entitled to have its nominees for president and

vice-president of the United States placed on the general

election ballot in a particular presidential election year, a

political party must hold a presidential primary election in this

state if:

(1) in the presidential election year, the party is required by

this code to nominate its candidates for state and county offices

by primary election;

(2) a presidential primary election is authorized under national

party rules; and

(3) before January 1 of the presidential election year, the

national party has determined that it will hold a national

presidential nominating convention that year.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff.

Sept. 1, 1987.

Sec. 191.002. QUALIFYING FOR PLACE ON BALLOT. (a) Candidates

qualify to have their names placed on the presidential primary

election ballot in the manner provided by party rule, subject to

this section.

(b) If party rules provide for the filing of applications or

signature petitions to qualify candidates for a place on the

ballot, the filing deadline may not be later than the regular

filing deadline for candidates in the general primary election. A

signature on a candidate's petition is not valid unless it is

that of a registered voter and is accompanied by the signer's

residence address, including county, and voter registration

number.

(c) A person may not sign petitions supporting more than one

presidential candidate in the same primary, and, if a person does

so, the person's signature is void as to all petitions the person

signs.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff.

Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 864, Sec.

197, eff. Sept. 1, 1997.

Sec. 191.003. NOTICE OF CANDIDATES TO SECRETARY OF STATE. The

state chair of each political party holding a presidential

primary election shall certify the name of each presidential

candidate who qualifies for a place on the presidential primary

election ballot and deliver the certification to the secretary of

state not later than the 57th day before presidential primary

election day.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff.

Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 864, Sec.

198, eff. Sept. 1, 1997.

Sec. 191.004. PRESIDENTIAL PRIMARY BALLOT. (a) A single ballot

shall be used for the presidential primary election and general

primary election. The secretary of state shall prescribe the form

of the ballot, which must accommodate the regular form for the

general primary election to the extent practicable.

(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 placing an 'X' in the 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 placing an 'X' in

the square beside the candidate's name or you may vote as

uncommitted by placing an 'X' in the square beside 'Uncommitted.'

Make only one choice." The instruction shall be changed as

appropriate to accommodate the form of a voting system ballot.

(c) A drawing to determine the order in which the presidential

candidates' names are printed on the ballot in the county shall

be conducted in conjunction with the regular drawing for position

on the general primary election ballot. "Uncommitted" shall be

printed on the ballot following the candidates' names, if

applicable.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff.

Sept. 1, 1987.

Sec. 191.005. PROCEDURES FOR CONDUCT OF PRESIDENTIAL PRIMARY

GENERALLY. (a) The presidential primary election shall be held

in conjunction with the party's general primary election.

(b) Except as otherwise provided by this subchapter, the

presidential primary election shall be conducted and the results

canvassed, tabulated, and reported in accordance with the

procedures prescribed by this code in relation to the general

primary election to the extent those procedures can be made

applicable.

(c) The secretary of state shall prescribe any additional

procedures necessary for the orderly and proper administration of

the presidential primary election.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff.

Sept. 1, 1987.

Sec. 191.006. FINANCING PRESIDENTIAL PRIMARY. (a) Subject to

legislative appropriation, state funds may be spent to pay

expenses incurred by the secretary of state or by a political

party in connection with a presidential primary election.

(b) The provisions of this code relating to state financing of a

general primary election govern a presidential primary election

to the extent those provisions can be made applicable.

(c) The secretary of state shall adopt rules, consistent with

this subchapter, that are necessary for the fair and efficient

financing of presidential primary elections with state funds.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff.

Sept. 1, 1987.

Sec. 191.007. ALLOCATION OF DELEGATES. Each political party

holding a presidential primary election shall adopt a rule for

allocating delegates based on the results of the presidential

primary election. At least 75 percent of the total number of

delegates who are to represent this state at the party's national

presidential nominating convention, excluding delegates allocated

among party and elected officials, shall be allocated in

accordance with the rule among one or more of the candidates

whose names appear on the presidential primary election ballot

and, if applicable, the uncommitted status.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff.

Sept. 1, 1987.

Sec. 191.008. IMPLEMENTATION BY PARTY. (a) The state executive

committee of each political party holding a presidential primary

election shall adopt the rules necessary to implement this

subchapter unless the rules already exist.

(b) The rules may not be inconsistent with this subchapter or

with rules adopted by the secretary of state under this

subchapter.

(c) A rule is enforceable by writ of mandamus in the same manner

as if the rule were a statute.

(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 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.

(e) Before presidential 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 (d) and shall order those authorities to omit the

party's nominees for president and vice-president of the United

States from the general election ballot.

(f) The rules may be amended at any time by the state executive

committee, but an amendment adopted in a presidential election

year after the rules are filed with the secretary of state under

Subsection (d) may not take effect until after the presidential

election year if the rule affects the selection of delegates to

the national presidential nominating convention.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff.

Sept. 1, 1987.

SUBCHAPTER B. STATE CONVENTION

Sec. 191.031. PARTY HOLDING PRIMARY ELECTION. (a) If a

political party holding a primary election in a presidential

election year desires to send delegates to a national

presidential nominating convention of the party, the party shall

select the delegates at a state convention convened on any day in

June of the presidential election year. Before the date of the

party's precinct conventions held under Chapter 174, the party's

state executive committee shall choose the date, hour, and place

for the state convention.

(b) The state convention shall consist of delegates selected at

the party's county and senatorial district conventions held under

Chapter 174.

(c) Before the date of the party's precinct conventions, the

party's state chair shall deliver written notice of the date,

hour, and place for the state convention to:

(1) the secretary of state;

(2) each county chair of the party; and

(3) the temporary chair of each senatorial district convention

of the party.

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

Renumbered from Election Code Sec. 191.001 by Acts 1986, 69th

Leg., 3rd C.S., ch. 14, Sec. 26, eff. Sept. 1, 1987. Amended by

Acts 1997, 75th Leg., ch. 864, Sec. 199, eff. Sept. 1, 1997.

Sec. 191.032. PARTY NOT HOLDING PRIMARY ELECTION. If a

political party not holding a primary election in a presidential

election year desires to send delegates to a national

presidential nominating convention of the party, the party shall

select the delegates at the state convention at which the party

is authorized by this code to make nominations for state offices.

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

Renumbered from Election Code Sec. 191.002 by Acts 1986, 69th

Leg., 3rd C.S., ch. 14, Sec. 26, eff. Sept. 1, 1987.