Bill Text: TX HB4439 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the qualification of certain candidates for placement on the ballot.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-26 - Referred to Elections [HB4439 Detail]
Download: Texas-2019-HB4439-Introduced.html
By: Cain | H.B. No. 4439 |
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relating to the qualification of certain candidates for placement | ||
on the ballot. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 141.064, Election Code, is amended to | ||
read as follows: | ||
Sec. 141.064. METHOD OF ACQUIRING SIGNATURE. A person | ||
circulating a petition must: | ||
(1) [ |
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(2) [ |
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correct[ |
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SECTION 2. Section 141.065(a), Election Code, is amended to | ||
read as follows: | ||
(a) Each part of a petition must include an affidavit of the | ||
person who circulated it, executed before a person authorized to | ||
administer oaths in this state, stating that the person: | ||
(1) [ |
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(2) [ |
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and | ||
(3) [ |
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the corresponding information to be correct. | ||
SECTION 3. Sections 142.002(b) and (c), Election Code, are | ||
amended to read as follows: | ||
(b) A declaration of intent to run as an independent | ||
candidate must: | ||
(1) be in writing and be signed and acknowledged by the | ||
candidate; | ||
(2) be filed with the authority with whom the | ||
candidate's application for a place on the ballot is required to be | ||
filed within the time provided for filing the candidate's | ||
application under Section 142.006 [ |
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(3) contain: | ||
(A) the candidate's name and residence address; | ||
(B) the office sought, including any place number | ||
or other distinguishing number; and | ||
(C) an indication of whether the office sought is | ||
to be filled for a full or unexpired term, if the office sought and | ||
another office to be voted on have the same title but do not have | ||
place numbers or other distinguishing numbers. | ||
(c) This section does not apply to: | ||
(1) a candidate for an unexpired term if the vacancy | ||
occurs after the 10th day before the regular filing deadline for an | ||
application under Section 142.006 [ |
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(2) a candidate for an office for which the regular | ||
application filing deadline for candidates [ |
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is extended. | ||
SECTION 4. Section 142.006(a), Election Code, is amended to | ||
read as follows: | ||
(a) An application for a place on the ballot must be filed | ||
not later than 5 p.m. of the first business day after July 4 [ |
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SECTION 5. Chapter 142, Election Code, is amended by adding | ||
Section 142.0065 to read as follows: | ||
Sec. 142.0065. EXTENDED FILING DEADLINE. (a) The deadline | ||
for filing an application for a place on the ballot is extended as | ||
provided by this section if a candidate who has made an application | ||
that complies with the applicable requirements: | ||
(1) dies on or after the fifth day before the date of | ||
the regular filing deadline and on or before the first day after the | ||
date of the regular filing deadline; | ||
(2) holds the office for which the application was | ||
made and withdraws or is declared ineligible on the date of the | ||
regular filing deadline or the first day after the date of the | ||
regular filing deadline; or | ||
(3) withdraws or is declared ineligible during the | ||
period prescribed by Subdivision (2), and at the time of the | ||
withdrawal or declaration of ineligibility no other candidate has | ||
made an application that complies with the applicable requirements | ||
for the office sought by the withdrawn or ineligible candidate. | ||
(b) An application for an office sought by a withdrawn, | ||
deceased, or ineligible candidate must be filed not later than 6 | ||
p.m. of the fifth day after the date of the regular filing deadline. | ||
An application filed by mail with the appropriate authority is not | ||
timely if received later than 5 p.m. of the fifth day after the date | ||
of the regular filing deadline. | ||
SECTION 6. Section 142.007, Election Code, is amended to | ||
read as follows: | ||
Sec. 142.007. NUMBER OF PETITION SIGNATURES REQUIRED. The | ||
minimum number of signatures that must appear on a candidate's | ||
petition is: | ||
(1) for a statewide office, 10,000 [ |
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(2) for a district, county, or precinct office, the | ||
lesser of: | ||
(A) 500; or | ||
(B) two [ |
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in the district, county, or precinct, as applicable, by all | ||
candidates for governor in the most recent gubernatorial general | ||
election, unless that number is under 25, in which case the required | ||
number of signatures is the lesser of: | ||
(i) 25; or | ||
(ii) four [ |
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SECTION 7. Section 142.008, Election Code, is amended to | ||
read as follows: | ||
Sec. 142.008. STATEMENT ON PETITION. The following | ||
statement must appear at the top of each page of a candidate's | ||
petition: "I understand that the purpose of this petition is to | ||
entitle (insert candidate's name) to have his or her name placed on | ||
the ballot for the office of (insert office title, including any | ||
place number or other distinguishing number) for the November | ||
(insert year) general election. I understand that signing this | ||
petition does not obligate me to vote for the candidate listed in | ||
this petition or limit in any way my right to vote for the | ||
candidates of my choice for any office in any election." [ |
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SECTION 8. Section 172.027, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.027. STATEMENT ON PETITION. The following | ||
statement must appear at the top of each page of a petition to be | ||
filed under Section 172.021: "I know that the purpose of this | ||
petition is to entitle (insert candidate's name) to have his or her | ||
name placed on the ballot for the office of (insert office title, | ||
including any place number or other distinguishing number) for the | ||
(insert political party's name) primary election. I understand | ||
that [ |
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candidate listed in this petition or limit in any way my right to | ||
vote for the candidates of my choice for any office in any election | ||
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SECTION 9. Section 181.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 181.005. QUALIFYING FOR PLACEMENT ON BALLOT BY PARTY | ||
REQUIRED TO NOMINATE BY CONVENTION. (a) To be entitled to have the | ||
names of its nominees placed on the general election ballot, a | ||
political party required to make nominations by convention must | ||
file with the secretary of state, not later than the first business | ||
day after July 4 [ |
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participants indicating that the number of participants equals at | ||
least 10,000 [ |
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residence address and voter registration number. | ||
(b) A political party is entitled to have the names of its | ||
nominees placed on the ballot, without qualifying under Subsection | ||
(a), in each subsequent general election following a general | ||
election in which the party had a nominee for a statewide office who | ||
received a number of votes equal to at least two [ |
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the total number of votes received by all candidates for that | ||
office. | ||
SECTION 10. Sections 181.006(b), (f), and (k), Election | ||
Code, are amended to read as follows: | ||
(b) A petition must: | ||
(1) satisfy the requirements prescribed by Section | ||
141.062 for a candidate's petition; | ||
(2) contain signatures in a number that, when added to | ||
the number of convention participants indicated on the lists, | ||
equals at least 10,000 [ |
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(3) be filed with the secretary of state by the state | ||
chair before the deadline for filing the lists of precinct | ||
convention participants. | ||
(f) The following statement must appear at the top of each | ||
page of the petition: "I know that the purpose of this petition is | ||
to entitle the _______ Party to have its nominees placed on the | ||
ballot in the general election for state and county officers. I | ||
understand that signing this petition does not obligate me to vote | ||
for the candidate listed in this petition or limit in any way my | ||
right to vote for the candidates of my choice for any office in any | ||
election [ |
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(k) The secretary of state shall post a notice of the | ||
receipt of a petition on the bulletin board used for posting notice | ||
of meetings of state governmental bodies. [ |
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SECTION 11. Section 181.032(b), Election Code, is amended | ||
to read as follows: | ||
(b) The [ |
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whom an application is filed shall deliver to the secretary of state | ||
a list containing: | ||
(1) each candidate's name; | ||
(2) each candidate's residence address; | ||
(3) the office sought by the candidate; and | ||
(4) the date on which the candidate filed the | ||
application. | ||
SECTION 12. Section 182.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 182.003. QUALIFYING FOR PLACEMENT ON BALLOT. To be | ||
entitled to have the names of its nominees placed on the general | ||
election ballot, a political party making nominations under this | ||
chapter must file with the county clerk, not later than the first | ||
business day after July 4 [ |
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participants indicating that the number of participants equals at | ||
least the lesser of: | ||
(1) three percent of the total number of votes | ||
received in the county by all candidates for governor in the most | ||
recent gubernatorial general election; or | ||
(2) 5,000. | ||
SECTION 13. Sections 182.004(b) and (f), Election Code, are | ||
amended to read as follows: | ||
(b) A petition must: | ||
(1) satisfy the requirements prescribed by Section | ||
141.062 for a candidate's petition; | ||
(2) contain signatures in a number that, when added to | ||
the number of convention participants indicated on the lists, | ||
equals at least the lesser of: | ||
(A) three percent of the total number of votes | ||
received in the county by all candidates for governor in the most | ||
recent gubernatorial general election; or | ||
(B) 5,000; and | ||
(3) be filed with the county clerk by the county chair | ||
before the deadline for filing the lists of precinct convention | ||
participants. | ||
(f) Section 181.006(f) applies [ |
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SECTION 14. Sections 192.032(c) and (d), Election Code, are | ||
amended to read as follows: | ||
(c) The application must be filed with the secretary of | ||
state not later than the first [ |
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the presidential election year. | ||
(d) The minimum number of signatures that must appear on the | ||
petition is 10,000 [ |
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SECTION 15. The following sections of the Election Code are | ||
repealed: | ||
(1) 141.066; | ||
(2) 142.009; | ||
(3) 172.026; | ||
(4) 181.006(g), (h), (i), and (j); | ||
(5) 181.033; and | ||
(6) 192.032(f) and (g). | ||
SECTION 16. The changes in law made by this Act apply only | ||
to a petition, declaration, or application filed on or after the | ||
effective date of this Act. A petition, declaration, or | ||
application filed before the effective date of this Act is governed | ||
by the law in effect when the petition, declaration, or application | ||
was filed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 17. This Act takes effect September 1, 2019. |