2005 Texas Election Code CHAPTER 163. PARTY RULES


ELECTION CODE
CHAPTER 163. PARTY RULES
§ 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. § 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, § 1, eff. Jan. 1, 1986. Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, § 8, eff. Sept. 1, 1987. § 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, § 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, § 110, eff. Sept. 1, 1997. § 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, § 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, § 111, eff. Sept. 1, 1997. § 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, § 1, eff. Jan. 1, 1986.

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