| 1 | 1 | | 85R13895 ATP-F |
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| 2 | 2 | | By: Schofield H.B. No. 1242 |
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| 3 | 3 | | Substitute the following for H.B. No. 1242: |
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| 4 | 4 | | By: Fallon C.S.H.B. No. 1242 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to requirements relating to an application for a place on |
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| 10 | 10 | | the ballot. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 141.032(c), Election Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (c) If an application is accompanied by a petition, the |
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| 15 | 15 | | petition is considered part of the application, and the review |
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| 16 | 16 | | shall be completed as soon as practicable after the date the |
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| 17 | 17 | | application is received by the authority. However, the petition is |
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| 18 | 18 | | not considered part of the application for purposes of determining |
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| 19 | 19 | | compliance with the requirements applicable to each document, and a |
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| 20 | 20 | | deficiency in the requirements for one document may not be remedied |
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| 21 | 21 | | by the contents of the other document. Unless the petition is |
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| 22 | 22 | | challenged, the authority is only required to review the petition |
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| 23 | 23 | | for facial compliance with the applicable requirements as to form, |
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| 24 | 24 | | content, and procedure. |
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| 25 | 25 | | SECTION 2. Section 141.034, Election Code, is amended by |
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| 26 | 26 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 27 | 27 | | follows: |
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| 28 | 28 | | (a) An application for a place on the ballot may not be |
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| 29 | 29 | | challenged for compliance with the applicable requirements as to |
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| 30 | 30 | | form, content, and procedure after the day before any ballot to be |
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| 31 | 31 | | voted early by mail is mailed to an address in the authority's |
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| 32 | 32 | | jurisdiction [the beginning of early voting by personal appearance] |
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| 33 | 33 | | for the election for which the application is made. |
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| 34 | 34 | | (c) A challenge must state with specificity how the |
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| 35 | 35 | | application does not comply with the applicable requirements as to |
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| 36 | 36 | | form, content, and procedure. The authority's review of the |
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| 37 | 37 | | challenge is limited to the specific items challenged and any |
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| 38 | 38 | | response filed with the authority by the challenged candidate. |
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| 39 | 39 | | SECTION 3. Section 172.021, Election Code, is amended by |
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| 40 | 40 | | adding Subsections (e) and (g) to read as follows: |
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| 41 | 41 | | (e) A candidate for an office specified by Section |
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| 42 | 42 | | 172.024(a)(8), (10), or (12), or for justice of the peace in a |
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| 43 | 43 | | county with a population of more than 1.5 million, who chooses to |
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| 44 | 44 | | pay the filing fee must also accompany the application with a |
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| 45 | 45 | | petition for a place on the primary ballot as a candidate for |
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| 46 | 46 | | judicial office that complies with the requirements prescribed for |
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| 47 | 47 | | the petition authorized by Subsection (b), except that the minimum |
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| 48 | 48 | | number of signatures that must appear on the petition required by |
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| 49 | 49 | | this subsection is 250. If the candidate chooses to file the |
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| 50 | 50 | | petition authorized by Subsection (b) in lieu of the filing fee, the |
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| 51 | 51 | | minimum number of signatures required for that petition is |
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| 52 | 52 | | increased by 250. Signatures on a petition filed under this |
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| 53 | 53 | | subsection or Subsection (b) by a candidate covered by this |
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| 54 | 54 | | subsection may not be obtained on the grounds of a county courthouse |
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| 55 | 55 | | or courthouse annex. |
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| 56 | 56 | | (g) A candidate for the office of chief justice or justice, |
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| 57 | 57 | | supreme court, or presiding judge or judge, court of criminal |
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| 58 | 58 | | appeals, who chooses to pay the filing fee must also accompany the |
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| 59 | 59 | | application with a petition that complies with the requirements |
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| 60 | 60 | | prescribed for a petition authorized by Subsection (b), except that |
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| 61 | 61 | | the minimum number of signatures that must appear on the petition |
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| 62 | 62 | | required by this subsection is 50 from each court of appeals |
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| 63 | 63 | | district. |
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| 64 | 64 | | SECTION 4. This Act takes effect September 1, 2017. |
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