Texas 2015 - 84th Regular

Texas House Bill HB3005 Compare Versions

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1	1	84R9114 GRM-F
2	2	By: Laubenberg H.B. No. 3005
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the deadlines for certain processes and procedures
8	8	involving an election.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.055(a), Education Code, is amended to
11	11	read as follows:
12	12	(a) An [Except as provided by Subsection (c), an]
13	13	application of a candidate for a place on the ballot must be filed
14	14	not later than 5 p.m. of the 78th [71st] day before the date of the
15	15	election. An application may not be filed earlier than the 30th
16	16	day before the date of the filing deadline.
17	17	SECTION 2. Section 1.006, Election Code, is amended by
18	18	adding Subsection (f) to read as follows:
19	19	(f) In this code:
20	20	(1) "National holiday" means:
21	21	(A) a legal public holiday under 5 U.S.C. Section
22	22	6103; and
23	23	(B) if a holiday described by Paragraph (A)
24	24	occurs on a Saturday or Sunday, a holiday taken in lieu of that
25	25	holiday on which there is no regular United States mail delivery.
26	26	(2) "State holiday" means a state holiday under
27	27	Sections 662.003(b)(1) through (6), Government Code.
28	28	SECTION 3. Section 3.005(c), Election Code, is amended to
29	29	read as follows:
30	30	(c) For an election to be held on[:
31	31	[(1) the date of the general election for state and
32	32	county officers, the election shall be ordered not later than the
33	33	78th day before election day; and
34	34	[(2)] a uniform election date [other than the date of
35	35	the general election for state and county officers], the election
36	36	shall be ordered not later than the 78th [71st] day before election
37	37	day.
38	38	SECTION 4. Section 41.001(c), Election Code, is amended to
39	39	read as follows:
40	40	(c) Except for an election under Subsection (a) or Section
41	41	41.0011 or a runoff election following an election held under
42	42	Subsection (a)(2), an election may not be held within 30 days before
43	43	or after the date of the general election for state and county
44	44	officers, general primary election, or runoff primary election.
45	45	SECTION 5. Section 65.051(a), Election Code, is amended to
46	46	read as follows:
47	47	(a) The early voting ballot board shall verify and count
48	48	provisional ballots as provided by this subchapter not later than
49	49	the ninth [seventh] day after the date of an election.
50	50	SECTION 6. Section 86.008(a), Election Code, is amended to
51	51	read as follows:
52	52	(a) If on reviewing an application for a ballot to be voted
53	53	by mail that was received on or before the 18th [12th] day before
54	54	election day the early voting clerk determines that the application
55	55	does not fully comply with the applicable requirements prescribed
56	56	by this title, the clerk shall mail or otherwise deliver an official
57	57	application form to the applicant.
58	58	SECTION 7. Section 87.125, Election Code, is amended by
59	59	amending Subsection (a) and adding Subsection (a-1) to read as
60	60	follows:
61	61	(a) The early voting ballot board shall convene to count
62	62	ballots voted by mail described by Section 86.007(d) at the time set
63	63	by the presiding judge of the board on the ninth [sixth] day after
64	64	the date of an election or on an earlier day if the early voting
65	65	clerk certifies that all ballots mailed from outside the United
66	66	States have been received.
67	67	(a-1) Notwithstanding Subsection (a), for an election held
68	68	on the date of the general election for state and county officers,
69	69	the early voting ballot board shall convene to count ballots voted
70	70	by mail described by Section 86.007(d) not later than the 13th day
71	71	after the date of the election.
72	72	SECTION 8. Sections 101.052(b) and (f), Election Code, are
73	73	amended to read as follows:
74	74	(b) A federal postcard application may be submitted at any
75	75	time during the calendar year in which the election for which a
76	76	ballot is requested occurs, but not later than the deadline for
77	77	submitting a regular application for a ballot to be voted by mail
78	78	for a voter to be entitled to receive a ballot by mail for that
79	79	election.
80	80	(f) The applicant is entitled to receive only a federal
81	81	ballot to be voted by mail under Chapter 114 if:
82	82	(1) the applicant submits the federal postcard
83	83	application to the early voting clerk after the date provided by
84	84	Subsection (e)(1) and before the deadline for submitting a regular
85	85	application for a ballot to be voted by mail [sixth day before
86	86	election day]; and
87	87	(2) the application contains the information that is
88	88	required for registration under Title 2.
89	89	SECTION 9. Section 143.007(c), Election Code, is amended to
90	90	read as follows:
91	91	(c) For an election to be held on[:
92	92	[(1) the date of the general election for state and
93	93	county officers, the day of the filing deadline is the 78th day
94	94	before election day; and
95	95	[(2)] a uniform election date [other than the date of
96	96	the general election for state and county officers], the day of the
97	97	filing deadline is the 78th [71st] day before election day.
98	98	SECTION 10. Section 144.005(d), Election Code, is amended
99	99	to read as follows:
100	100	(d) For an election to be held on[:
101	101	[(1) the date of the general election for state and
102	102	county officers, the day of the filing deadline is the 78th day
103	103	before election day; and
104	104	[(2)] a uniform election date [other than the date of
105	105	the general election for state and county officers], the day of the
106	106	filing deadline is the 78th [71st] day before election day.
107	107	SECTION 11. Section 144.006, Election Code, is amended by
108	108	amending Subsection (b) and adding Subsection (c) to read as
109	109	follows:
110	110	(b) For an election to be held on[:
111	111	[(1) the date of the general election for state and
112	112	county officers, the day of the filing deadline is the 78th day
113	113	before election day; and
114	114	[(2)] a uniform election date [other than the date of
115	115	the general election for state and county officers], the day of the
116	116	filing deadline is the 74th [71st] day before election day.
117	117	(c) A write-in candidate may not withdraw from the election
118	118	after the 71st day before election day.
119	119	SECTION 12. Section 145.036(b), Election Code, is amended
120	120	to read as follows:
121	121	(b) An executive committee may make a replacement
122	122	nomination following a withdrawal only if:
123	123	(1) the candidate:
124	124	(A) withdraws because of a catastrophic illness
125	125	that was diagnosed after the first day after the date of the regular
126	126	filing deadline for the [62nd day before] general primary election
127	127	[day] and the illness would permanently and continuously
128	128	incapacitate the candidate and prevent the candidate from
129	129	performing the duties of the office sought; and
130	130	(B) files with the withdrawal request a
131	131	certificate describing the illness and signed by at least two
132	132	licensed physicians;
133	133	(2) no political party that held primary elections has
134	134	a nominee for the office sought by the withdrawing candidate as of
135	135	the time of the withdrawal; or
136	136	(3) the candidate has been elected or appointed to
137	137	fill a vacancy in another elective office or has become the nominee
138	138	for another office.
139	139	SECTION 13. Sections 145.092(b) and (d), Election Code, are
140	140	amended to read as follows:
141	141	(b) A candidate in an election for which the filing deadline
142	142	for an application for a place on the ballot is not later than 5 p.m.
143	143	of the 62nd day before election day may not withdraw from the
144	144	election after 5 p.m. of the 57th [53rd] day before election day.
145	145	(d) A candidate in a runoff election may not withdraw from
146	146	the election after 5 p.m. of the third day after the date of the
147	147	final canvass for the main election.
148	148	SECTION 14. Section 145.096(a), Election Code, is amended
149	149	to read as follows:
150	150	(a) Except as provided by Subsection (b), a candidate's name
151	151	shall be placed on the ballot if the candidate:
152	152	(1) dies on or after the second day before the deadline
153	153	for filing the candidate's application for a place on the ballot;
154	154	(2) is declared ineligible after 5 p.m. of the fifth
155	155	[third] day after the deadline for filing the candidate's
156	156	application for a place on the ballot, in an election subject to
157	157	Section 145.092(a);
158	158	(3) is declared ineligible after 5 p.m. of the 57th
159	159	[53rd] day before election day, in an election subject to Section
160	160	145.092(b); or
161	161	(4) is declared ineligible after 5 p.m. of the 71st day
162	162	before election day, in an election subject to Section 145.092(f).
163	163	SECTION 15. Section 146.025(a), Election Code, is amended
164	164	to read as follows:
165	165	(a) Except as otherwise provided by this code, a [A]
166	166	declaration of write-in candidacy:
167	167	(1) must be filed not later than 5 p.m. of the 78th day
168	168	before general election day; and
169	169	(2)[, except as otherwise provided by this code. A
170	170	declaration] may not be filed earlier than the 30th day before the
171	171	date described by Subdivision (1) [of the regular filing deadline].
172	172	SECTION 16. Sections 146.0301(a) and (d), Election Code,
173	173	are amended to read as follows:
174	174	(a) A write-in candidate may not withdraw from the election
175	175	after the 71st [67th] day before election day.
176	176	(d) A candidate's name shall be omitted from the list of
177	177	write-in candidates if the candidate withdraws on or before the
178	178	71st [67th] day before election day.
179	179	SECTION 17. Section 146.054, Election Code, is amended by
180	180	amending Subsection (b) and adding Subsection (c) to read as
181	181	follows:
182	182	(b) For an election to be held on[:
183	183	[(1) the date of the general election for state and
184	184	county officers, the day of the filing deadline is the 74th day
185	185	before election day; and
186	186	[(2)] a uniform election date [other than the date of
187	187	the general election for state and county officers], the day of the
188	188	filing deadline is the 74th [71st] day before election day.
189	189	(c) A write-in candidate may not withdraw from the election
190	190	after the 71st day before election day.
191	191	SECTION 18. Section 146.083, Election Code, is amended to
192	192	read as follows:
193	193	Sec. 146.083. FILING DEADLINE. A declaration of write-in
194	194	candidacy must be filed not later than 5 p.m. on the date an
195	195	application for a place on the ballot is required to be filed. A
196	196	write-in candidate may not withdraw from an election after 5 p.m. of
197	197	the fifth day after the deadline for filing a declaration of
198	198	write-in candidacy.
199	199	SECTION 19. Section 172.028(b), Election Code, is amended
200	200	to read as follows:
201	201	(b) Not later than the ninth day after the date of the
202	202	regular filing deadline [81st day before general primary election
203	203	day], the state chair shall notify the county chair in each county
204	204	in which the candidate's name is to appear on the ballot that the
205	205	certification has been posted by the secretary of state.
206	206	SECTION 20. Section 172.052(a), Election Code, is amended
207	207	to read as follows:
208	208	(a) A candidate for nomination may not withdraw from the
209	209	general primary election after the first day after the date of the
210	210	regular filing deadline for the [79th day before] general primary
211	211	election [day].
212	212	SECTION 21. Section 172.059(a), Election Code, is amended
213	213	to read as follows:
214	214	(a) A candidate for nomination may not withdraw from the
215	215	runoff primary election after 5 p.m. of the 3rd [8th] day after the
216	216	state canvass under Section 172.120 [general primary election day].
217	217	SECTION 22. Section 172.082(c), Election Code, is amended
218	218	to read as follows:
219	219	(c) The drawing shall be conducted at the county seat not
220	220	later than the 10th day after the date of the regular filing
221	221	deadline for the general primary election [third Tuesday in
222	222	December of an odd-numbered year].
223	223	SECTION 23. Section 191.003, Election Code, is amended to
224	224	read as follows:
225	225	Sec. 191.003. NOTICE OF CANDIDATES TO SECRETARY OF STATE.
226	226	The state chair of each political party holding a presidential
227	227	primary election shall certify the name of each presidential
228	228	candidate who qualifies for a place on the presidential primary
229	229	election ballot and deliver the certification to the secretary of
230	230	state not later than the ninth day after the date of the regular
231	231	filing deadline for the general [57th day before presidential]
232	232	primary election [day].
233	233	SECTION 24. Section 192.031(a), Election Code, is amended
234	234	to read as follows:
235	235	(a) A political party is entitled to have the names of its
236	236	nominees for president and vice-president of the United States
237	237	placed on the ballot in a presidential general election if:
238	238	(1) the nominees possess the qualifications for those
239	239	offices prescribed by federal law;
240	240	(2) the party's state chair signs a written
241	241	certification of:
242	242	(A) the names of the party's nominees for
243	243	president and vice-president; and
244	244	(B) the names and residence addresses of
245	245	presidential elector candidates nominated by the party, in a number
246	246	equal to the number of presidential electors that federal law
247	247	allocates to this state;
248	248	(3) the party's state chair delivers the written
249	249	certification to the secretary of state before the later of:
250	250	(A) 5 p.m. of the 71st [70th] day before
251	251	presidential election day; or
252	252	(B) 5 p.m. of the first business day after the
253	253	date of final adjournment of the party's national presidential
254	254	nominating convention; and
255	255	(4) the party is:
256	256	(A) required or authorized by Subchapter A of
257	257	Chapter 172 to make its nominations by primary election; or
258	258	(B) entitled to have the names of its nominees
259	259	placed on the general election ballot under Chapter 181.
260	260	SECTION 25. Section 192.062(a), Election Code, is amended
261	261	to read as follows:
262	262	(a) The secretary of state shall certify in writing for
263	263	placement on the ballot the name of a political party's replacement
264	264	nominee for president or vice-president of the United States if:
265	265	(1) the original nominee withdraws, dies, or is
266	266	declared ineligible on or before the 74th day before presidential
267	267	election day; and
268	268	(2) the party's state chair delivers certification of
269	269	the replacement nominee's name, signed by the state chair, to the
270	270	secretary of state not later than 5 p.m. of the 71st [70th] day
271	271	before presidential election day.
272	272	SECTION 26. Section 192.064(a), Election Code, is amended
273	273	to read as follows:
274	274	(a) The secretary of state shall certify in writing for
275	275	placement on the ballot the name of a replacement vice-presidential
276	276	running mate for an independent candidate for president of the
277	277	United States if:
278	278	(1) the original running mate withdraws, dies, or is
279	279	declared ineligible on or before the 74th day before presidential
280	280	election day; and
281	281	(2) the independent presidential candidate delivers
282	282	certification of the replacement running mate's name, signed by the
283	283	presidential candidate, to the secretary of state not later than 5
284	284	p.m. of the 71st [70th] day before presidential election day.
285	285	SECTION 27. Section 201.052, Election Code, is amended to
286	286	read as follows:
287	287	Sec. 201.052. DATE OF ELECTION. (a) Except as otherwise
288	288	provided by this code, a special election to fill a vacancy shall be
289	289	held on the first authorized uniform election date occurring on or
290	290	after the 46th [45th] day after the date the election is ordered.
291	291	(b) If a law outside this code authorizes the holding of the
292	292	election on a date earlier than the 46th [45th] day after the date
293	293	of the order, the election shall be held on the first authorized
294	294	uniform election date occurring on or after the earliest date that
295	295	the election could be held under that law.
296	296	SECTION 28. Section 201.054(a), Election Code, is amended
297	297	to read as follows:
298	298	(a) Except as provided by Subsection (f), a candidate's
299	299	application for a place on a special election ballot must be filed
300	300	not later than:
301	301	(1) 5 p.m. of the 62nd day before election day, if
302	302	election day is on or after the 70th day after the date the election
303	303	is ordered; or
304	304	(2) 5 p.m. of the 40th [45th] day before election day,
305	305	if election day is on or after the 46th [57th] day and before the
306	306	70th day after the date the election is ordered.
307	307	SECTION 29. Section 202.006(a), Election Code, is amended
308	308	to read as follows:
309	309	(a) A political party's state, district, county, or
310	310	precinct executive committee, as appropriate for the particular
311	311	office, may nominate a candidate for the unexpired term if:
312	312	(1) in the case of a party holding a primary election,
313	313	the vacancy occurs after the fifth day before the date of the
314	314	regular deadline for candidates to file applications for a place on
315	315	the ballot for the [62nd day before] general primary election
316	316	[day]; or
317	317	(2) in the case of a party nominating by convention,
318	318	the vacancy occurs after the fourth day before the date the
319	319	convention having the power to make a nomination for the office
320	320	convenes.
321	321	SECTION 30. Section 274.003(b), Election Code, is amended
322	322	to read as follows:
323	323	(b) Not later than the 68th [50th] day before election day,
324	324	the secretary of state shall deliver the certification to the
325	325	authority responsible for having the official ballot prepared in
326	326	each county.
327	327	SECTION 31. Section 11.055(c), Education Code, and Sections
328	328	65.051(c) and 101.052(g), Election Code, are repealed.
329	329	SECTION 32. This Act takes effect September 1, 2015.