81R8406 JRH-D
By: Shapiro S.B. No. 1279
A BILL TO BE ENTITLED
AN ACT
relating to the deadline for providing absentee ballots for the
general election for state and county officers; making conforming
changes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.005(c), Election Code, is amended to
read as follows:
(c) For an election to be held on the date of the general
election for state and county officers, the election shall be
ordered not later than the 80th [70th] day before election day.
SECTION 2. Section 84.007(c), Election Code, is amended to
read as follows:
(c) An application must be submitted on or after the 70th
[60th] day before election day and before the close of regular
business in the early voting clerk's office or 12 noon, whichever is
later, on the seventh day before election day unless that day is a
Saturday, Sunday, or legal state or national holiday, in which case
the last day is the first preceding regular business day.
SECTION 3. Section 86.004(b), Election Code, is amended to
read as follows:
(b) For the general election for state and county officers,
the balloting materials for a voter who indicates on the
application for a ballot to be voted by mail or the federal postcard
application that the voter is eligible to vote early by mail as a
consequence of the voter's being outside the United States shall be
mailed on or before the later of the 55th [45th] day before election
day or the seventh calendar day after the date the clerk receives
the application. However, if it is not possible to mail the ballots
by the deadline of the 55th [45th] day before election day, the
clerk shall notify the secretary of state within 24 hours of knowing
that the deadline will not be met. The secretary of state shall
monitor the situation and advise the clerk, who shall mail the
ballots as soon as possible in accordance with the secretary of
state's guidelines.
SECTION 4. Section 101.004(e), Election Code, is amended to
read as follows:
(e) An applicant who otherwise complies with applicable
requirements is entitled to receive a full ballot to be voted by
mail under this chapter if:
(1) the applicant submits a federal postcard
application to the early voting clerk on or before the 30th [20th]
day before election day; and
(2) the application contains the information that is
required for registration under Title 2.
SECTION 5. Section 105.002(b), Election Code, is amended to
read as follows:
(b) An application for a ballot under this section may not
be submitted earlier than the 190th [180th] day before election
day. If an application under this section is received after the
time that regularly printed ballots become available, the early
voting clerk shall send the applicant a regularly printed ballot.
SECTION 6. Section 143.007(c), Election Code, is amended to
read as follows:
(c) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 80th [70th] day before election day.
SECTION 7. Section 144.005(d), Election Code, is amended to
read as follows:
(d) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 80th [70th] day before election day.
SECTION 8. Section 144.006(b), Election Code, is amended to
read as follows:
(b) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 77th [67th] day before election day.
SECTION 9. Section 145.032, Election Code, is amended to
read as follows:
Sec. 145.032. DEADLINE FOR WITHDRAWAL. A candidate may not
withdraw from the general election after the 84th [74th] day before
election day.
SECTION 10. Section 145.035, Election Code, is amended to
read as follows:
Sec. 145.035. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM BALLOT. A candidate's name shall be
omitted from the ballot if the candidate withdraws, dies, or is
declared ineligible on or before the 84th [74th] day before
election day.
SECTION 11. Section 145.037(e), Election Code, is amended
to read as follows:
(e) The certification must be delivered not later than 5
p.m. of the 80th [70th] day before election day.
SECTION 12. Section 145.038(b), Election Code, is amended
to read as follows:
(b) The state chair must deliver the certification of the
replacement nominee not later than 5 p.m. of the 77th [67th] day
before election day.
SECTION 13. Section 145.039, Election Code, is amended to
read as follows:
Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is
declared ineligible after the 84th [74th] day before election day,
the candidate's name shall be placed on the ballot.
SECTION 14. Section 145.062, Election Code, is amended to
read as follows:
Sec. 145.062. DEADLINE FOR WITHDRAWAL. A candidate may not
withdraw from the general election after the 84th [74th] day before
election day.
SECTION 15. Section 145.064(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a candidate's name
shall be omitted from the ballot if the candidate withdraws, dies,
or is declared ineligible on or before the 84th [74th] day before
election day.
SECTION 16. Section 145.065, Election Code, is amended to
read as follows:
Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is
declared ineligible after the 84th [74th] day before election day,
the candidate's name shall be placed on the ballot.
SECTION 17. Section 145.092(f), Election Code, is amended
to read as follows:
(f) A candidate in an election for which the filing deadline
for an application for a place on the ballot is not later than 5 p.m.
of the 80th [70th] day before election day may not withdraw from the
election after 5 p.m. of the 77th [67th] day before election day.
SECTION 18. Section 145.094(a), Election Code, is amended
to read as follows:
(a) The name of a candidate shall be omitted from the ballot
if the candidate:
(1) dies before the second day before the date of the
deadline for filing the candidate's application for a place on the
ballot;
(2) withdraws or is declared ineligible before 5 p.m.
of the second day before the beginning of early voting by personal
appearance, in an election subject to Section 145.092(a);
(3) withdraws or is declared ineligible before 5 p.m.
of the 53rd day before election day, in an election subject to
Section 145.092(b); or
(4) withdraws or is declared ineligible before 5 p.m.
of the 77th [67th] day before election day, in an election subject
to Section 145.092(f).
SECTION 19. Section 146.029(c), Election Code, is amended
to read as follows:
(c) Not later than the 72nd [62nd] day before election day,
the certifying authority shall deliver the certification to the
authority responsible for having the official ballot prepared in
each county in which the office sought by the candidate is to be
voted on.
SECTION 20. Section 192.062(a), Election Code, is amended
to read as follows:
(a) The secretary of state shall certify in writing for
placement on the ballot the name of a political party's replacement
nominee for president or vice-president of the United States if:
(1) the original nominee withdraws, dies, or is
declared ineligible on or before the 84th [74th] day before
presidential election day; and
(2) the party's state chair delivers certification of
the replacement nominee's name, signed by the state chair, to the
secretary of state not later than 5 p.m. of the 80th [70th] day
before presidential election day.
SECTION 21. Section 192.063(a), Election Code, is amended
to read as follows:
(a) The name of an independent presidential candidate and
the name of the candidate's running mate shall be omitted from the
ballot if the presidential candidate withdraws, dies, or is
declared ineligible on or before the 84th [74th] day before
presidential election day.
SECTION 22. Section 192.064(a), Election Code, is amended
to read as follows:
(a) The secretary of state shall certify in writing for
placement on the ballot the name of a replacement vice-presidential
running mate for an independent candidate for president of the
United States if:
(1) the original running mate withdraws, dies, or is
declared ineligible on or before the 84th [74th] day before
presidential election day; and
(2) the independent presidential candidate delivers
certification of the replacement running mate's name, signed by the
presidential candidate, to the secretary of state not later than 5
p.m. of the 80th [70th] day before presidential election day.
SECTION 23. Section 201.051(b), Election Code, is amended
to read as follows:
(b) For a vacancy to be filled by a special election to be
held on the date of the general election for state and county
officers, the election shall be ordered not later than the 80th
[70th] day before election day.
SECTION 24. Sections 201.054(a) and (f), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (f), a candidate's
application for a place on a special election ballot must be filed
not later than:
(1) 5 p.m. of the 77th [67th] day before election day,
if election day is on or after the 80th [70th] day after the date the
election is ordered;
(2) 5 p.m. of the 31st day before election day, if
election day is on or after the 36th day and before the 80th [70th]
day after the date the election is ordered; or
(3) 5 p.m. of a day fixed by the authority ordering the
election, which day must be not earlier than the fifth day after the
date the election is ordered and not later than the 20th day before
election day, if election day is before the 36th day after the date
the election is ordered.
(f) For a special election to be held on the date of the
general election for state and county officers, the day of the
filing deadline is the 77th [67th] day before election day.
SECTION 25. Section 202.002, Election Code, is amended to
read as follows:
Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a
vacancy occurs on or before the 84th [74th] day before the general
election for state and county officers held in the next-to-last
even-numbered year of a term of office, the remainder of the
unexpired term shall be filled at the next general election for
state and county officers, as provided by this chapter.
(b) If a vacancy occurs after the 84th [74th] day before a
general election day, an election for the unexpired term may not be
held at that general election. The appointment to fill the vacancy
continues until the next succeeding general election and until a
successor has been elected and has qualified for the office.
SECTION 26. The changes in law made by this Act apply only
to a general election for state and county officers ordered on or
after September 1, 2009.
SECTION 27. This Act takes effect September 1, 2009.