| 1 | 1 | | 81R6228 JRH-F |
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| 2 | 2 | | By: Hancock H.B. No. 1193 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to ballot certification of a political party presidential |
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| 8 | 8 | | candidate. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 192.031, Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON |
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| 13 | 13 | | BALLOT. (a) A political party is entitled to have the names of |
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| 14 | 14 | | its nominees for president and vice-president of the United States |
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| 15 | 15 | | placed on the ballot in a presidential general election if: |
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| 16 | 16 | | (1) the nominees possess the qualifications for those |
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| 17 | 17 | | offices prescribed by federal law; |
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| 18 | 18 | | (2) [before 5 p.m. of the 70th day before presidential |
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| 19 | 19 | | election day,] the party's state chair signs [and delivers to the |
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| 20 | 20 | | secretary of state] a written certification of: |
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| 21 | 21 | | (A) the names of the party's nominees for |
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| 22 | 22 | | president and vice-president; and |
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| 23 | 23 | | (B) the names and residence addresses of |
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| 24 | 24 | | presidential elector candidates nominated by the party, in a number |
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| 25 | 25 | | equal to the number of presidential electors that federal law |
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| 26 | 26 | | allocates to this state; [and] |
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| 27 | 27 | | (3) the party's state chair delivers the written |
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| 28 | 28 | | certification to the secretary of state before the later of: |
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| 29 | 29 | | (A) 5 p.m. of the 70th day before presidential |
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| 30 | 30 | | election day; or |
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| 31 | 31 | | (B) 5 p.m. of the first business day after the |
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| 32 | 32 | | date of final adjournment of the party's national presidential |
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| 33 | 33 | | nominating convention; and |
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| 34 | 34 | | (4) the party is: |
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| 35 | 35 | | (A) required or authorized by Subchapter A of |
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| 36 | 36 | | Chapter 172 to make its nominations by primary election; or |
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| 37 | 37 | | (B) entitled to have the names of its nominees |
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| 38 | 38 | | placed on the general election ballot under Chapter 181. |
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| 39 | 39 | | (b) If the state chair's certification of the party's |
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| 40 | 40 | | nominees is delivered by mail, it is considered to be delivered at |
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| 41 | 41 | | the time of its receipt by the secretary of state. |
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| 42 | 42 | | SECTION 2. Section 192.033(b), Election Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | (b) The [Not later than the 62nd day before presidential |
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| 45 | 45 | | election day, the] secretary of state shall deliver the |
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| 46 | 46 | | certification to the authority responsible for having the official |
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| 47 | 47 | | ballot prepared in each county before the later of the 62nd day |
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| 48 | 48 | | before presidential election day or the second business day after |
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| 49 | 49 | | the date of final adjournment of the party's national presidential |
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| 50 | 50 | | nominating convention. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2009. |
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