Texas 2009 - 81st Regular

Texas Senate Bill SB1279 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8406 JRH-D
2	2	By: Shapiro S.B. No. 1279
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the deadline for providing absentee ballots for the
8	8	general election for state and county officers; making conforming
9	9	changes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 3.005(c), Election Code, is amended to
12	12	read as follows:
13	13	(c) For an election to be held on the date of the general
14	14	election for state and county officers, the election shall be
15	15	ordered not later than the 80th [70th] day before election day.
16	16	SECTION 2. Section 84.007(c), Election Code, is amended to
17	17	read as follows:
18	18	(c) An application must be submitted on or after the 70th
19	19	[60th] day before election day and before the close of regular
20	20	business in the early voting clerk's office or 12 noon, whichever is
21	21	later, on the seventh day before election day unless that day is a
22	22	Saturday, Sunday, or legal state or national holiday, in which case
23	23	the last day is the first preceding regular business day.
24	24	SECTION 3. Section 86.004(b), Election Code, is amended to
25	25	read as follows:
26	26	(b) For the general election for state and county officers,
27	27	the balloting materials for a voter who indicates on the
28	28	application for a ballot to be voted by mail or the federal postcard
29	29	application that the voter is eligible to vote early by mail as a
30	30	consequence of the voter's being outside the United States shall be
31	31	mailed on or before the later of the 55th [45th] day before election
32	32	day or the seventh calendar day after the date the clerk receives
33	33	the application. However, if it is not possible to mail the ballots
34	34	by the deadline of the 55th [45th] day before election day, the
35	35	clerk shall notify the secretary of state within 24 hours of knowing
36	36	that the deadline will not be met. The secretary of state shall
37	37	monitor the situation and advise the clerk, who shall mail the
38	38	ballots as soon as possible in accordance with the secretary of
39	39	state's guidelines.
40	40	SECTION 4. Section 101.004(e), Election Code, is amended to
41	41	read as follows:
42	42	(e) An applicant who otherwise complies with applicable
43	43	requirements is entitled to receive a full ballot to be voted by
44	44	mail under this chapter if:
45	45	(1) the applicant submits a federal postcard
46	46	application to the early voting clerk on or before the 30th [20th]
47	47	day before election day; and
48	48	(2) the application contains the information that is
49	49	required for registration under Title 2.
50	50	SECTION 5. Section 105.002(b), Election Code, is amended to
51	51	read as follows:
52	52	(b) An application for a ballot under this section may not
53	53	be submitted earlier than the 190th [180th] day before election
54	54	day. If an application under this section is received after the
55	55	time that regularly printed ballots become available, the early
56	56	voting clerk shall send the applicant a regularly printed ballot.
57	57	SECTION 6. Section 143.007(c), Election Code, is amended to
58	58	read as follows:
59	59	(c) For an election to be held on the date of the general
60	60	election for state and county officers, the day of the filing
61	61	deadline is the 80th [70th] day before election day.
62	62	SECTION 7. Section 144.005(d), Election Code, is amended to
63	63	read as follows:
64	64	(d) For an election to be held on the date of the general
65	65	election for state and county officers, the day of the filing
66	66	deadline is the 80th [70th] day before election day.
67	67	SECTION 8. Section 144.006(b), Election Code, is amended to
68	68	read as follows:
69	69	(b) For an election to be held on the date of the general
70	70	election for state and county officers, the day of the filing
71	71	deadline is the 77th [67th] day before election day.
72	72	SECTION 9. Section 145.032, Election Code, is amended to
73	73	read as follows:
74	74	Sec. 145.032. DEADLINE FOR WITHDRAWAL. A candidate may not
75	75	withdraw from the general election after the 84th [74th] day before
76	76	election day.
77	77	SECTION 10. Section 145.035, Election Code, is amended to
78	78	read as follows:
79	79	Sec. 145.035. WITHDRAWN, DECEASED, OR INELIGIBLE
80	80	CANDIDATE'S NAME OMITTED FROM BALLOT. A candidate's name shall be
81	81	omitted from the ballot if the candidate withdraws, dies, or is
82	82	declared ineligible on or before the 84th [74th] day before
83	83	election day.
84	84	SECTION 11. Section 145.037(e), Election Code, is amended
85	85	to read as follows:
86	86	(e) The certification must be delivered not later than 5
87	87	p.m. of the 80th [70th] day before election day.
88	88	SECTION 12. Section 145.038(b), Election Code, is amended
89	89	to read as follows:
90	90	(b) The state chair must deliver the certification of the
91	91	replacement nominee not later than 5 p.m. of the 77th [67th] day
92	92	before election day.
93	93	SECTION 13. Section 145.039, Election Code, is amended to
94	94	read as follows:
95	95	Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
96	96	APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is
97	97	declared ineligible after the 84th [74th] day before election day,
98	98	the candidate's name shall be placed on the ballot.
99	99	SECTION 14. Section 145.062, Election Code, is amended to
100	100	read as follows:
101	101	Sec. 145.062. DEADLINE FOR WITHDRAWAL. A candidate may not
102	102	withdraw from the general election after the 84th [74th] day before
103	103	election day.
104	104	SECTION 15. Section 145.064(a), Election Code, is amended
105	105	to read as follows:
106	106	(a) Except as provided by Subsection (b), a candidate's name
107	107	shall be omitted from the ballot if the candidate withdraws, dies,
108	108	or is declared ineligible on or before the 84th [74th] day before
109	109	election day.
110	110	SECTION 16. Section 145.065, Election Code, is amended to
111	111	read as follows:
112	112	Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
113	113	APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is
114	114	declared ineligible after the 84th [74th] day before election day,
115	115	the candidate's name shall be placed on the ballot.
116	116	SECTION 17. Section 145.092(f), Election Code, is amended
117	117	to read as follows:
118	118	(f) A candidate in an election for which the filing deadline
119	119	for an application for a place on the ballot is not later than 5 p.m.
120	120	of the 80th [70th] day before election day may not withdraw from the
121	121	election after 5 p.m. of the 77th [67th] day before election day.
122	122	SECTION 18. Section 145.094(a), Election Code, is amended
123	123	to read as follows:
124	124	(a) The name of a candidate shall be omitted from the ballot
125	125	if the candidate:
126	126	(1) dies before the second day before the date of the
127	127	deadline for filing the candidate's application for a place on the
128	128	ballot;
129	129	(2) withdraws or is declared ineligible before 5 p.m.
130	130	of the second day before the beginning of early voting by personal
131	131	appearance, in an election subject to Section 145.092(a);
132	132	(3) withdraws or is declared ineligible before 5 p.m.
133	133	of the 53rd day before election day, in an election subject to
134	134	Section 145.092(b); or
135	135	(4) withdraws or is declared ineligible before 5 p.m.
136	136	of the 77th [67th] day before election day, in an election subject
137	137	to Section 145.092(f).
138	138	SECTION 19. Section 146.029(c), Election Code, is amended
139	139	to read as follows:
140	140	(c) Not later than the 72nd [62nd] day before election day,
141	141	the certifying authority shall deliver the certification to the
142	142	authority responsible for having the official ballot prepared in
143	143	each county in which the office sought by the candidate is to be
144	144	voted on.
145	145	SECTION 20. Section 192.062(a), Election Code, is amended
146	146	to read as follows:
147	147	(a) The secretary of state shall certify in writing for
148	148	placement on the ballot the name of a political party's replacement
149	149	nominee for president or vice-president of the United States if:
150	150	(1) the original nominee withdraws, dies, or is
151	151	declared ineligible on or before the 84th [74th] day before
152	152	presidential election day; and
153	153	(2) the party's state chair delivers certification of
154	154	the replacement nominee's name, signed by the state chair, to the
155	155	secretary of state not later than 5 p.m. of the 80th [70th] day
156	156	before presidential election day.
157	157	SECTION 21. Section 192.063(a), Election Code, is amended
158	158	to read as follows:
159	159	(a) The name of an independent presidential candidate and
160	160	the name of the candidate's running mate shall be omitted from the
161	161	ballot if the presidential candidate withdraws, dies, or is
162	162	declared ineligible on or before the 84th [74th] day before
163	163	presidential election day.
164	164	SECTION 22. Section 192.064(a), Election Code, is amended
165	165	to read as follows:
166	166	(a) The secretary of state shall certify in writing for
167	167	placement on the ballot the name of a replacement vice-presidential
168	168	running mate for an independent candidate for president of the
169	169	United States if:
170	170	(1) the original running mate withdraws, dies, or is
171	171	declared ineligible on or before the 84th [74th] day before
172	172	presidential election day; and
173	173	(2) the independent presidential candidate delivers
174	174	certification of the replacement running mate's name, signed by the
175	175	presidential candidate, to the secretary of state not later than 5
176	176	p.m. of the 80th [70th] day before presidential election day.
177	177	SECTION 23. Section 201.051(b), Election Code, is amended
178	178	to read as follows:
179	179	(b) For a vacancy to be filled by a special election to be
180	180	held on the date of the general election for state and county
181	181	officers, the election shall be ordered not later than the 80th
182	182	[70th] day before election day.
183	183	SECTION 24. Sections 201.054(a) and (f), Election Code, are
184	184	amended to read as follows:
185	185	(a) Except as provided by Subsection (f), a candidate's
186	186	application for a place on a special election ballot must be filed
187	187	not later than:
188	188	(1) 5 p.m. of the 77th [67th] day before election day,
189	189	if election day is on or after the 80th [70th] day after the date the
190	190	election is ordered;
191	191	(2) 5 p.m. of the 31st day before election day, if
192	192	election day is on or after the 36th day and before the 80th [70th]
193	193	day after the date the election is ordered; or
194	194	(3) 5 p.m. of a day fixed by the authority ordering the
195	195	election, which day must be not earlier than the fifth day after the
196	196	date the election is ordered and not later than the 20th day before
197	197	election day, if election day is before the 36th day after the date
198	198	the election is ordered.
199	199	(f) For a special election to be held on the date of the
200	200	general election for state and county officers, the day of the
201	201	filing deadline is the 77th [67th] day before election day.
202	202	SECTION 25. Section 202.002, Election Code, is amended to
203	203	read as follows:
204	204	Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a
205	205	vacancy occurs on or before the 84th [74th] day before the general
206	206	election for state and county officers held in the next-to-last
207	207	even-numbered year of a term of office, the remainder of the
208	208	unexpired term shall be filled at the next general election for
209	209	state and county officers, as provided by this chapter.
210	210	(b) If a vacancy occurs after the 84th [74th] day before a
211	211	general election day, an election for the unexpired term may not be
212	212	held at that general election. The appointment to fill the vacancy
213	213	continues until the next succeeding general election and until a
214	214	successor has been elected and has qualified for the office.
215	215	SECTION 26. The changes in law made by this Act apply only
216	216	to a general election for state and county officers ordered on or
217	217	after September 1, 2009.
218	218	SECTION 27. This Act takes effect September 1, 2009.