84R9499 ATP-D
By: Klick H.B. No. 2127
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of presidential and vice presidential
candidates to be placed on the ballot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.031(a), Election Code, is amended to
read as follows:
(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) the party's state chair signs a written
certification [of]:
(A) of the names of the party's nominees for
president and vice-president; [and]
(B) of 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
(C) that the party's nominees possess the
qualifications for those offices prescribed by federal law;
(3) the party's state chair delivers the written
certification with complete copies of the nominees' applications
for a place on the ballot 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.
SECTION 2. Section 192.033(c), Election Code, is amended to
read as follows:
(c) A candidate's name may not be certified if, before
delivering the certification, the secretary of state:
(1) learns that the name is to be omitted from the
ballot under Subchapter C; or
(2) determines, for a candidate nominated by a
political party, the party has failed to submit a complete copy of
the candidate's application for a place on the ballot or has
incorrectly certified the candidate as possessing the
qualifications prescribed by federal law for the office sought.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.