Sec. 172.128. ALTERNATIVE PRIMARY PROCEDURE FOR COUNTIES WITHOUT COUNTY PARTY LEADERSHIP. (a) Notwithstanding a conflicting provision of this code, a primary election that is required for the nomination of a political party to a statewide office or a presidential primary election shall be held in accordance with this section in a county in which:
(1) the office of county chair is vacant and there is an insufficient number of members serving on the county executive committee to fill a vacancy on the committee; and
(2) the party is unable to establish a temporary executive committee under Section 171.027.
(b) On request of the state chair of a political party, a county clerk, county tax assessor-collector, or county elections administrator, as appropriate, shall contract with the state chair to hold a primary election under this section.
(c) The county may designate the location of the polling place for an election held under this section at the main early voting polling place or designate a location to serve as a polling place in the county seat of the county if the polling place is located so that it will adequately serve the voters.
(d) Voting shall be conducted at least during the hours that the county clerk's main business office is regularly open for business.
(e) The election returns for an election held under this section shall be delivered to the state chair of the applicable political party.
(f) A precinct convention is not required to be held following a primary election conducted under this section.
(g) A contract for election services entered into under this section shall provide that the county shall be eligible to be reimbursed for primary election expenses in the same manner a county chair would be reimbursed under Subchapter D, Chapter 173.
(h) Election officers appointed to serve a polling place for a primary election conducted under this section may be affiliated or aligned with any political party.
(i) The secretary of state shall adopt rules to implement this section in accordance with the conduct of elections and with party rule.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1262 (H.B. 630), Sec. 3, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 264 (S.B. 1448), Sec. 1, eff. September 1, 2015.
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