85R1248 ADM-D
By: Dutton H.B. No. 137
A BILL TO BE ENTITLED
AN ACT
relating to filling a vacancy in nomination by special primary
election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 145.036, Election Code, is amended to
read as follows:
Sec. 145.036. FILLING VACANCY IN NOMINATION BY SPECIAL
PRIMARY ELECTION. (a) Except as provided by Subsection (b), if a
candidate's name is to be omitted from the ballot under Section
145.035, the political party shall conduct a special primary
election in accordance with Section 172.005 [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.
(b) A political party [An executive committee] may conduct a
special primary election [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 general primary election 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.
(c) Under the circumstances described by Subsection (b)(2),
[the appropriate executive committee of] each political party
making nominations for the general election for state and county
officers may hold a special primary election [make a replacement
nomination] for the office sought by the withdrawing candidate.
(d) A special primary election held to fill a vacancy in a
nomination 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. [For the
purpose of filling a vacancy, a majority of the committee's
membership constitutes a quorum. To be nominated, a person must
receive a favorable vote of a majority of the members present.]
[(e) A vacancy in a nomination for a district, county, or
precinct office that was made by primary election may not be filled
before the beginning of the term of office of the county executive
committee members elected in the year in which the vacancy occurs.]
SECTION 2. Sections 145.037(a), (c), and (e), Election
Code, are amended to read as follows:
(a) For the name of a replacement nominee chosen at a
special primary election to be placed on the general election
ballot, the chair ordering the special primary election [of the
executive committee making the replacement nomination] 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; and
(5) the date and result of the special primary
election [an identification of the executive committee making the
replacement nomination; and
[(6) the date of the replacement nomination].
(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 3. 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 145.036.
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 4. Section 572.027(d), Government Code, is amended
to read as follows:
(d) An individual nominated to fill a vacancy in a
nomination as a candidate for a position as an elected officer under
Chapter 145, Election Code, shall file the financial statement not
later than the 15th day after the date the certificate of nomination
required by Section 145.037 [or 145.038], Election Code, is filed.
SECTION 5. Sections 145.038 and 171.054(e), Election Code,
are repealed.
SECTION 6. This Act takes effect September 1, 2017.