85R25928 ADM-D
By: Dutton H.B. No. 137
Substitute the following for H.B. No. 137:
By: Laubenberg C.S.H.B. No. 137
A BILL TO BE ENTITLED
AN ACT
relating to filling certain vacancies in nomination by special
primary election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 145.036, Election Code,
is amended to read as follows:
Sec. 145.036. FILLING VACANCY IN NOMINATION: GENERAL RULE.
SECTION 2. Section 145.036(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), if a candidate's
name is to be omitted from the ballot under Section 145.035 and
Section 145.0361 does not apply, the political party's state,
district, county, or precinct executive committee, as appropriate
for the particular office, may nominate a replacement candidate to
fill the vacancy in the nomination.
SECTION 3. Subchapter B, Chapter 145, Election Code, is
amended by adding Section 145.0361 to read as follows:
Sec. 145.0361. FILLING VACANCY IN NOMINATION CAUSED BY
DEATH OF CANDIDATE IN UNOPPOSED RACE. (a) If a candidate's name is
to be omitted from the ballot under Section 145.035 because of the
candidate's death and the candidate would have been unopposed in
the general election, the political party shall conduct a special
primary election in accordance with Section 172.005 to fill the
vacancy in the party's nomination of a candidate for the general
election.
(b) A special primary election held to fill a vacancy in a
nomination under this section shall be ordered by:
(1) the state chair of the political party if the
vacancy in nomination is for a statewide or district office; or
(2) the county chair of the political party if the
vacancy in nomination is for a county or precinct office.
SECTION 4. Sections 145.037(a), (c), and (e), Election
Code, are amended to read as follows:
(a) For the name of a replacement nominee to be placed on the
general election ballot, the chair of the executive committee
making the replacement nomination or ordering the special primary
election must certify in writing the nominee's name for placement
on the ballot as provided by this section.
(c) In addition to the name of the replacement nominee, the
certification must include:
(1) the replacement nominee's residence address and
mailing address, if different from the residence address;
(2) the name of the original nominee;
(3) the office sought, including any place number or
other distinguishing number;
(4) the cause of the vacancy;
(5) the date and result of the special primary
election or an identification of the executive committee making the
replacement nomination, as applicable; and
(6) the date of the replacement nomination, if
applicable.
(e) The certification must be delivered not later than 5
p.m. of the 71st day before election day or as soon as practicable
after that time.
SECTION 5. Section 145.038(a), Election Code, is amended to
read as follows:
(a) If a political party's district executive committee is
required [fails] to nominate a replacement candidate to fill a
vacancy in a nomination for a district office under Section 145.036
and fails to do so, the state executive committee may nominate a
candidate to fill the vacancy.
SECTION 6. Section 171.054(e), Election Code, is amended to
read as follows:
(e) For the purposes of filling a vacancy in a nomination
under Section 145.036, the state chair shall canvass the votes of
the district executive committee when meeting separately in each
county and make the certification required by Section 145.037.
SECTION 7. Subchapter A, Chapter 172, Election Code, is
amended by adding Section 172.005 to read as follows:
Sec. 172.005. SPECIAL PRIMARY ELECTION. (a) The state
executive committee of each political party holding a primary
election shall adopt rules for the holding of a special primary
election to fill a vacancy in a nomination under Section 145.0361.
To the extent possible, the rules shall incorporate the provisions
of this chapter and shall provide for a ranking system of candidates
so that the majority vote requirement can be met through a single
election.
(b) A special primary election is not subject to the
requirements of Section 41.001(a).
SECTION 8. This Act takes effect September 1, 2017.