By: Hancock, et al. (Senate Sponsor - Duncan) H.B. No. 1193
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on State
Affairs; May 23, 2009, reported favorably by the following vote:
Yeas 8, Nays 0; May 23, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to ballot certification of a political party presidential
candidate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.031, Election Code, is amended to
read as follows:
Sec. 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON
BALLOT. (a) A political party is entitled to have the names of
its nominees for president and vice-president of the United States
placed on the ballot in a presidential general election if:
(1) the nominees possess the qualifications for those
offices prescribed by federal law;
(2) [before 5 p.m. of the 70th day before presidential
election day,] the party's state chair signs [and delivers to the
secretary of state] a written certification of:
(A) the names of the party's nominees for
president and vice-president; and
(B) the names and residence addresses of
presidential elector candidates nominated by the party, in a number
equal to the number of presidential electors that federal law
allocates to this state; [and]
(3) the party's state chair delivers the written
certification to the secretary of state before the later of:
(A) 5 p.m. of the 70th day before presidential
election day; or
(B) 5 p.m. of the first business day after the
date of final adjournment of the party's national presidential
nominating convention; and
(4) the party is:
(A) required or authorized by Subchapter A of
Chapter 172 to make its nominations by primary election; or
(B) entitled to have the names of its nominees
placed on the general election ballot under Chapter 181.
(b) If the state chair's certification of the party's
nominees is delivered by mail, it is considered to be delivered at
the time of its receipt by the secretary of state.
SECTION 2. Section 192.033(b), Election Code, is amended to
read as follows:
(b) The [Not later than the 62nd day before presidential
election day, the] secretary of state shall deliver the
certification to the authority responsible for having the official
ballot prepared in each county before the later of the 62nd day
before presidential election day or the second business day after
the date of final adjournment of the party's national presidential
nominating convention.
SECTION 3. This Act takes effect September 1, 2009.
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