1 | 1 | | 84R8622 JRJ-D |
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2 | 2 | | By: Miller of Fort Bend H.B. No. 1978 |
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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 the requirements for a candidate's application for a |
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8 | 8 | | place on the ballot. |
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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 141.031(a), Election Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (a) A candidate's application for a place on the ballot that |
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13 | 13 | | is required by this code must: |
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14 | 14 | | (1) be in writing; |
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15 | 15 | | (2) be signed and sworn to before a notary public by |
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16 | 16 | | the candidate and indicate the date that the candidate swears to the |
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17 | 17 | | application; |
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18 | 18 | | (3) be timely filed with the appropriate authority; |
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19 | 19 | | and |
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20 | 20 | | (4) include: |
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21 | 21 | | (A) the candidate's name; |
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22 | 22 | | (B) the candidate's occupation; |
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23 | 23 | | (C) the office sought, including any place number |
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24 | 24 | | or other distinguishing number; |
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25 | 25 | | (D) an indication of whether the office sought is |
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26 | 26 | | to be filled for a full or unexpired term if the office sought and |
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27 | 27 | | another office to be voted on have the same title but do not have |
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28 | 28 | | place numbers or other distinguishing numbers; |
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29 | 29 | | (E) a statement that the candidate is a United |
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30 | 30 | | States citizen; |
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31 | 31 | | (F) a statement that the candidate has not been |
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32 | 32 | | determined by a final judgment of a court exercising probate |
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33 | 33 | | jurisdiction to be: |
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34 | 34 | | (i) totally mentally incapacitated; or |
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35 | 35 | | (ii) partially mentally incapacitated |
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36 | 36 | | without the right to vote; |
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37 | 37 | | (G) a statement that the candidate has not been |
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38 | 38 | | finally convicted of a felony from which the candidate has not been |
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39 | 39 | | pardoned or otherwise released from the resulting disabilities; |
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40 | 40 | | (H) the candidate's date of birth; |
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41 | 41 | | (I) the candidate's residence address or, if the |
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42 | 42 | | residence has no address, the address at which the candidate |
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43 | 43 | | receives mail and a concise description of the location of the |
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44 | 44 | | candidate's residence; |
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45 | 45 | | (J) the candidate's length of continuous |
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46 | 46 | | residence in the state and in the territory from which the office |
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47 | 47 | | sought is elected as of the date the candidate swears to the |
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48 | 48 | | application; |
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49 | 49 | | (K) the statement: "I, __________, of |
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50 | 50 | | __________ County, Texas, being a candidate for the office of |
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51 | 51 | | __________, swear that I will support and defend the constitution |
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52 | 52 | | and laws of the United States and of the State of Texas"; and |
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53 | 53 | | (L) a statement that the candidate is aware of |
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54 | 54 | | the nepotism law, Chapter 573, Government Code. |
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55 | 55 | | SECTION 2. Section 141.065(a), Election Code, is amended to |
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56 | 56 | | read as follows: |
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57 | 57 | | (a) Each part of a petition must include an affidavit of the |
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58 | 58 | | person who circulated it, executed before a notary public, stating |
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59 | 59 | | that the person: |
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60 | 60 | | (1) pointed out and read to each signer, before the |
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61 | 61 | | petition was signed, each statement pertaining to the signer that |
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62 | 62 | | appears on the petition; |
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63 | 63 | | (2) witnessed each signature; |
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64 | 64 | | (3) verified each signer's registration status; and |
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65 | 65 | | (4) believes each signature to be genuine and the |
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66 | 66 | | corresponding information to be correct. |
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67 | 67 | | SECTION 3. The changes in law made by this Act to Sections |
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68 | 68 | | 141.031(a) and 141.065(a), Election Code, apply to an application |
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69 | 69 | | for a place on the ballot made or a petition circulated on or after |
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70 | 70 | | the effective date of this Act. An application for a place on the |
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71 | 71 | | ballot made or a petition circulated before the effective date of |
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72 | 72 | | this Act is governed by the law in effect on the date the |
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73 | 73 | | application is made or the petition is circulated, and the former |
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74 | 74 | | law is continued in effect for that purpose. |
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75 | 75 | | SECTION 4. This Act takes effect September 1, 2015. |
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