Texas 2015 84th Regular

Texas House Bill HB3005 House Committee Report / Bill

Filed 02/02/2025

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                    84R9114 GRM-F
 By: Laubenberg H.B. No. 3005


 A BILL TO BE ENTITLED
 AN ACT
 relating to the deadlines for certain processes and procedures
 involving an election.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 11.055(a), Education Code, is amended to
 read as follows:
 (a)  An [Except as provided by Subsection (c), an]
 application of a candidate for a place on the ballot must be filed
 not later than 5 p.m. of the 78th [71st] day before the date of the
 election.  An application may not be filed earlier than the 30th
 day before the date of the filing deadline.
 SECTION 2.  Section 1.006, Election Code, is amended by
 adding Subsection (f) to read as follows:
 (f)  In this code:
 (1)  "National holiday" means:
 (A)  a legal public holiday under 5 U.S.C. Section
 6103; and
 (B)  if a holiday described by Paragraph (A)
 occurs on a Saturday or Sunday, a holiday taken in lieu of that
 holiday on which there is no regular United States mail delivery.
 (2)  "State holiday" means a state holiday under
 Sections 662.003(b)(1) through (6), Government Code.
 SECTION 3.  Section 3.005(c), Election Code, is amended to
 read as follows:
 (c)  For an election to be held on[:
 [(1)     the date of the general election for state and
 county officers, the election shall be ordered not later than the
 78th day before election day; and
 [(2)]  a uniform election date [other than the date of
 the general election for state and county officers], the election
 shall be ordered not later than the 78th [71st] day before election
 day.
 SECTION 4.  Section 41.001(c), Election Code, is amended to
 read as follows:
 (c)  Except for an election under Subsection (a) or Section
 41.0011 or a runoff election following an election held under
 Subsection (a)(2), an election may not be held within 30 days before
 or after the date of the general election for state and county
 officers, general primary election, or runoff primary election.
 SECTION 5.  Section 65.051(a), Election Code, is amended to
 read as follows:
 (a)  The early voting ballot board shall verify and count
 provisional ballots as provided by this subchapter not later than
 the ninth [seventh] day after the date of an election.
 SECTION 6.  Section 86.008(a), Election Code, is amended to
 read as follows:
 (a)  If on reviewing an application for a ballot to be voted
 by mail that was received on or before the 18th [12th] day before
 election day the early voting clerk determines that the application
 does not fully comply with the applicable requirements prescribed
 by this title, the clerk shall mail or otherwise deliver an official
 application form to the applicant.
 SECTION 7.  Section 87.125, Election Code, is amended by
 amending Subsection (a) and adding Subsection (a-1) to read as
 follows:
 (a)  The early voting ballot board shall convene to count
 ballots voted by mail described by Section 86.007(d) at the time set
 by the presiding judge of the board on the ninth [sixth] day after
 the date of an election or on an earlier day if the early voting
 clerk certifies that all ballots mailed from outside the United
 States have been received.
 (a-1)  Notwithstanding Subsection (a), for an election held
 on the date of the general election for state and county officers,
 the early voting ballot board shall convene to count ballots voted
 by mail described by Section 86.007(d) not later than the 13th day
 after the date of the election.
 SECTION 8.  Sections 101.052(b) and (f), Election Code, are
 amended to read as follows:
 (b)  A federal postcard application may be submitted at any
 time during the calendar year in which the election for which a
 ballot is requested occurs, but not later than the deadline for
 submitting a regular application for a ballot to be voted by mail
 for a voter to be entitled to receive a ballot by mail for that
 election.
 (f)  The applicant is entitled to receive only a federal
 ballot to be voted by mail under Chapter 114 if:
 (1)  the applicant submits the federal postcard
 application to the early voting clerk after the date provided by
 Subsection (e)(1) and before the deadline for submitting a regular
 application for a ballot to be voted by mail [sixth day before
 election day]; and
 (2)  the application contains the information that is
 required for registration under Title 2.
 SECTION 9.  Section 143.007(c), Election Code, is amended to
 read as follows:
 (c)  For an election to be held on[:
 [(1)     the date of the general election for state and
 county officers, the day of the filing deadline is the 78th day
 before election day; and
 [(2)]  a uniform election date [other than the date of
 the general election for state and county officers], the day of the
 filing deadline is the 78th [71st] day before election day.
 SECTION 10.  Section 144.005(d), Election Code, is amended
 to read as follows:
 (d)  For an election to be held on[:
 [(1)     the date of the general election for state and
 county officers, the day of the filing deadline is the 78th day
 before election day; and
 [(2)]  a uniform election date [other than the date of
 the general election for state and county officers], the day of the
 filing deadline is the 78th [71st] day before election day.
 SECTION 11.  Section 144.006, Election Code, is amended by
 amending Subsection (b) and adding Subsection (c) to read as
 follows:
 (b)  For an election to be held on[:
 [(1)     the date of the general election for state and
 county officers, the day of the filing deadline is the 78th day
 before election day; and
 [(2)]  a uniform election date [other than the date of
 the general election for state and county officers], the day of the
 filing deadline is the 74th [71st] day before election day.
 (c)  A write-in candidate may not withdraw from the election
 after the 71st day before election day.
 SECTION 12.  Section 145.036(b), Election Code, is amended
 to read as follows:
 (b)  An executive committee may make a replacement
 nomination following a withdrawal only if:
 (1)  the candidate:
 (A)  withdraws because of a catastrophic illness
 that was diagnosed after the first day after the date of the regular
 filing deadline for the [62nd day before] general primary election
 [day] and the illness would permanently and continuously
 incapacitate the candidate and prevent the candidate from
 performing the duties of the office sought; and
 (B)  files with the withdrawal request a
 certificate describing the illness and signed by at least two
 licensed physicians;
 (2)  no political party that held primary elections has
 a nominee for the office sought by the withdrawing candidate as of
 the time of the withdrawal; or
 (3)  the candidate has been elected or appointed to
 fill a vacancy in another elective office or has become the nominee
 for another office.
 SECTION 13.  Sections 145.092(b) and (d), Election Code, are
 amended to read as follows:
 (b)  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 62nd day before election day may not withdraw from the
 election after 5 p.m. of the 57th [53rd] day before election day.
 (d)  A candidate in a runoff election may not withdraw from
 the election after 5 p.m. of the third day after the date of the
 final canvass for the main election.
 SECTION 14.  Section 145.096(a), Election Code, is amended
 to read as follows:
 (a)  Except as provided by Subsection (b), a candidate's name
 shall be placed on the ballot if the candidate:
 (1)  dies on or after the second day before the deadline
 for filing the candidate's application for a place on the ballot;
 (2)  is declared ineligible after 5 p.m. of the fifth
 [third] day after the deadline for filing the candidate's
 application for a place on the ballot, in an election subject to
 Section 145.092(a);
 (3)  is declared ineligible after 5 p.m. of the 57th
 [53rd] day before election day, in an election subject to Section
 145.092(b); or
 (4)  is declared ineligible after 5 p.m. of the 71st day
 before election day, in an election subject to Section 145.092(f).
 SECTION 15.  Section 146.025(a), Election Code, is amended
 to read as follows:
 (a)  Except as otherwise provided by this code, a [A]
 declaration of write-in candidacy:
 (1)  must be filed not later than 5 p.m. of the 78th day
 before general election day; and
 (2)[, except as otherwise provided by this code.     A
 declaration] may not be filed earlier than the 30th day before the
 date described by Subdivision (1) [of the regular filing deadline].
 SECTION 16.  Sections 146.0301(a) and (d), Election Code,
 are amended to read as follows:
 (a)  A write-in candidate may not withdraw from the election
 after the 71st [67th] day before election day.
 (d)  A candidate's name shall be omitted from the list of
 write-in candidates if the candidate withdraws on or before the
 71st [67th] day before election day.
 SECTION 17.  Section 146.054, Election Code, is amended by
 amending Subsection (b) and adding Subsection (c) to read as
 follows:
 (b)  For an election to be held on[:
 [(1)     the date of the general election for state and
 county officers, the day of the filing deadline is the 74th day
 before election day; and
 [(2)]  a uniform election date [other than the date of
 the general election for state and county officers], the day of the
 filing deadline is the 74th [71st] day before election day.
 (c)  A write-in candidate may not withdraw from the election
 after the 71st day before election day.
 SECTION 18.  Section 146.083, Election Code, is amended to
 read as follows:
 Sec. 146.083.  FILING DEADLINE. A declaration of write-in
 candidacy must be filed not later than 5 p.m. on the date an
 application for a place on the ballot is required to be filed. A
 write-in candidate may not withdraw from an election after 5 p.m. of
 the fifth day after the deadline for filing a declaration of
 write-in candidacy.
 SECTION 19.  Section 172.028(b), Election Code, is amended
 to read as follows:
 (b)  Not later than the ninth day after the date of the
 regular filing deadline [81st day before general primary election
 day], the state chair shall notify the county chair in each county
 in which the candidate's name is to appear on the ballot that the
 certification has been posted by the secretary of state.
 SECTION 20.  Section 172.052(a), Election Code, is amended
 to read as follows:
 (a)  A candidate for nomination may not withdraw from the
 general primary election after the first day after the date of the
 regular filing deadline for the [79th day before] general primary
 election [day].
 SECTION 21.  Section 172.059(a), Election Code, is amended
 to read as follows:
 (a)  A candidate for nomination may not withdraw from the
 runoff primary election after 5 p.m. of the 3rd [8th] day after the
 state canvass under Section 172.120 [general primary election day].
 SECTION 22.  Section 172.082(c), Election Code, is amended
 to read as follows:
 (c)  The drawing shall be conducted at the county seat not
 later than the 10th day after the date of the regular filing
 deadline for the general primary election [third Tuesday in
 December of an odd-numbered year].
 SECTION 23.  Section 191.003, Election Code, is amended to
 read as follows:
 Sec. 191.003.  NOTICE OF CANDIDATES TO SECRETARY OF STATE.
 The state chair of each political party holding a presidential
 primary election shall certify the name of each presidential
 candidate who qualifies for a place on the presidential primary
 election ballot and deliver the certification to the secretary of
 state not later than the ninth day after the date of the regular
 filing deadline for the general [57th day before presidential]
 primary election [day].
 SECTION 24.  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)  the names of the party's nominees for
 president and vice-president; and
 (B)  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;
 (3)  the party's state chair delivers the written
 certification to the secretary of state before the later of:
 (A)  5 p.m. of the 71st [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 25.  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 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 71st [70th] day
 before presidential election day.
 SECTION 26.  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 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 71st [70th] day before presidential election day.
 SECTION 27.  Section 201.052, Election Code, is amended to
 read as follows:
 Sec. 201.052.  DATE OF ELECTION. (a)  Except as otherwise
 provided by this code, a special election to fill a vacancy shall be
 held on the first authorized uniform election date occurring on or
 after the 46th [45th] day after the date the election is ordered.
 (b)  If a law outside this code authorizes the holding of the
 election on a date earlier than the 46th [45th] day after the date
 of the order, the election shall be held on the first authorized
 uniform election date occurring on or after the earliest date that
 the election could be held under that law.
 SECTION 28.  Section 201.054(a), Election Code, is 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 62nd day before election day, if
 election day is on or after the 70th day after the date the election
 is ordered; or
 (2)  5 p.m. of the 40th [45th] day before election day,
 if election day is on or after the 46th [57th] day and before the
 70th day after the date the election is ordered.
 SECTION 29.  Section 202.006(a), Election Code, is amended
 to read as follows:
 (a)  A political party's state, district, county, or
 precinct executive committee, as appropriate for the particular
 office, may nominate a candidate for the unexpired term if:
 (1)  in the case of a party holding a primary election,
 the vacancy occurs after the fifth day before the date of the
 regular deadline for candidates to file applications for a place on
 the ballot for the [62nd day before] general primary election
 [day]; or
 (2)  in the case of a party nominating by convention,
 the vacancy occurs after the fourth day before the date the
 convention having the power to make a nomination for the office
 convenes.
 SECTION 30.  Section 274.003(b), Election Code, is amended
 to read as follows:
 (b)  Not later than the 68th [50th] day before election day,
 the secretary of state shall deliver the certification to the
 authority responsible for having the official ballot prepared in
 each county.
 SECTION 31.  Section 11.055(c), Education Code, and Sections
 65.051(c) and 101.052(g), Election Code, are repealed.
 SECTION 32.  This Act takes effect September 1, 2015.