(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, a multicounty district 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 § 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.

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Terms Used In Texas Election Code 172.128

  • Contract: A legal written agreement that becomes binding when signed.
  • District office: means an office of the federal or state government that is not voted on statewide. See Texas Election Code 1.005
  • Presidential primary election: means an election held under Subchapter Texas Election Code 1.005
  • Primary election: means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a presidential primary election. See Texas Election Code 1.005
  • Rule: includes regulation. See Texas Government Code 311.005
  • Statewide office: means an office of the federal or state government that is voted on statewide. See Texas Election Code 1.005

(c) The county clerk may combine voting precincts for an election held under this section to the extent necessary to 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.

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