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Texas Election Code - Section 172.126. Joint Primaries Authorized

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§ 172.126. JOINT PRIMARIES AUTHORIZED.  (a) The primary 
elections in a county may be conducted jointly at the regular 
polling places designated for the general election for state and 
county officers.  The county clerk shall supervise the overall 
conduct of the joint primary elections.  This section applies to the 
conduct of joint primary elections notwithstanding and in addition 
to other applicable provisions of this code.  The decision to 
conduct a joint general primary election or runoff primary 
election, as applicable, must be made by majority vote of the full 
membership of the commissioners court and with the unanimous 
approval of the county clerk and the county chair of each political 
party required to nominate candidates by primary election.
	(b)  The county clerk shall determine whether to consolidate 
election precincts under Section 42.009 and shall designate the 
location of the polling place in a consolidated precinct.  To the 
extent possible, a polling place shall be designated that will 
accommodate the precinct conventions of each political party.  If a 
polling place, whether for a regular or consolidated precinct, is 
not suitable for more than one precinct convention, the polling 
place may be used by the party whose candidate for governor received 
the most votes in the county in the most recent gubernatorial 
general election.
	(c)  One set of election officers shall conduct the primary 
elections at each polling place.  Not later than the second Monday 
in December preceding the primary elections, each county chair 
shall deliver to the county clerk a list of the names of the 
election judges and clerks for that party.  The presiding judge of 
each party, or alternate judge if applicable, serves as a co-judge 
for the precinct.  If an eligible presiding co-judge and alternate 
co-judge cannot be found to serve for a particular party in a 
precinct, a joint primary may not be conducted in that precinct, and 
that precinct must be consolidated with another precinct that has 
an eligible presiding co-judge and alternate co-judge to serve for 
each party.  The county clerk shall appoint the election clerks in 
accordance with rules prescribed by the secretary of state.  The 
secretary of state shall prescribe the maximum number of clerks 
that may be appointed for each precinct.  The early voting ballot 
board and any central counting station shall also be composed of and 
administered by one set of election officers that provides 
representation for each party, and the secretary of state by rule 
shall prescribe procedures consistent with this subsection for the 
appointment of those officers.
	(d)  Each co-judge has the law enforcement duties and powers 
provided under Section 32.075.  Each co-judge has the exclusive 
authority to conduct challenges on the eligibility of voters, 
tabulate the votes, and deliver the election returns in the primary 
of the party with which that judge is affiliated or aligned.
	(e)  A written certification of the candidates' names that 
are to appear on the primary ballot shall be delivered to the county 
clerk in accordance with rules prescribed by the secretary of 
state.
	(f)  The county clerk shall determine the ballot format and 
voting system for each election precinct and shall procure the 
election equipment and supplies.
	(g)  A separate set of ballot boxes or other suitable 
containers approved by the secretary of state shall be used for each 
party's primary, except that one set of ballot boxes or other 
containers may be used in a joint primary using an electronic voting 
system in which the ballots are deposited by the voters directly 
into a unit of automatic tabulating equipment.  The lists of 
registered voters and the voters' registration certificates shall 
be marked and stamped to show the appropriate party affiliation for 
each voter.  A separate list of registered voters shall be used for 
each party's primary.  The secretary of state by rule shall 
prescribe requirements to ensure that one party's ballot is readily 
distinguished from another's, which may include the use of 
different colors of ink.
	(h)  Separate election returns shall be prepared for each 
party's primary and shall be canvassed as provided by this code.
	(i)  The secretary of state by rule shall prescribe the 
procedures necessary to implement this section to ensure the 
orderly and proper administration of joint primary elections.

Added by Acts 1997, 75th Leg., ch. 1349, § 62, eff. Sept. 1, 
1997.  Amended by Acts 2003, 78th Leg., ch. 1316, § 37, eff. 
Sept. 1, 2003.

Last modified: August 11, 2007