Texas 2017 - 85th Regular

Texas House Bill HB3068 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7056 ATP-F
2	2	By: Reynolds H.B. No. 3068
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the qualification of certain candidates for placement
8	8	on the ballot.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 141.063, Election Code, is amended by
11	11	adding Subsection (e) to read as follows:
12	12	(e) The signing of a petition electronically as authorized
13	13	by Section 141.064(b) does not invalidate the signature,
14	14	notwithstanding any other provision of this title.
15	15	SECTION 2. Section 141.064, Election Code, is amended to
16	16	read as follows:
17	17	Sec. 141.064. METHOD OF ACQUIRING SIGNATURE. (a) A person
18	18	circulating a petition must:
19	19	(1) [before permitting a person to sign, point out and
20	20	read to the person each statement pertaining to the signer that
21	21	appears on the petition;
22	22	[(2)] witness each signature; and
23	23	(2) [(3)] ascertain that each date of signing is
24	24	correct[; and
25	25	[(4) before the petition is filed, verify each
26	26	signer's registration status and ascertain that each registration
27	27	number entered on the petition is correct].
28	28	(b) The secretary of state shall provide a system for
29	29	qualified voters to sign a nomination petition for a candidate or
30	30	political party using a secure Internet portal. The system shall
31	31	allow only those qualified voters who are eligible to sign a
32	32	petition for a particular candidate or political party to sign the
33	33	petition and shall provide a method for the voter's identity to be
34	34	properly verified. A candidate may choose to collect up to an
35	35	amount equal to 150 percent of the number of required nomination
36	36	petition signatures by use of the online signature collection
37	37	system established under this section.
38	38	SECTION 3. Section 141.065(a), Election Code, is amended to
39	39	read as follows:
40	40	(a) Each part of a petition must include an affidavit of the
41	41	person who circulated it stating that the person:
42	42	(1) [pointed out and read to each signer, before the
43	43	petition was signed, each statement pertaining to the signer that
44	44	appears on the petition;
45	45	[(2)] witnessed each signature;
46	46	(2) [(3)] verified each signer's registration status;
47	47	and
48	48	(3) [(4)] believes each signature to be genuine and
49	49	the corresponding information to be correct.
50	50	SECTION 4. Sections 142.002(b) and (c), Election Code, are
51	51	amended to read as follows:
52	52	(b) A declaration of intent to run as an independent
53	53	candidate must:
54	54	(1) be in writing and be signed and acknowledged by the
55	55	candidate;
56	56	(2) be filed with the authority with whom the
57	57	candidate's application for a place on the ballot is required to be
58	58	filed within the time provided for filing the candidate's
59	59	application under Section 142.006 [regular filing period for an
60	60	application for a place on a general primary election ballot]; and
61	61	(3) contain:
62	62	(A) the candidate's name and residence address;
63	63	(B) the office sought, including any place number
64	64	or other distinguishing number; and
65	65	(C) an indication of whether the office sought is
66	66	to be filled for a full or unexpired term, if the office sought and
67	67	another office to be voted on have the same title but do not have
68	68	place numbers or other distinguishing numbers.
69	69	(c) This section does not apply to:
70	70	(1) a candidate for an unexpired term if the vacancy
71	71	occurs after the 10th day before the regular filing deadline for an
72	72	application under Section 142.006 [for a place on a general primary
73	73	election ballot]; or
74	74	(2) a candidate for an office for which the regular
75	75	application filing deadline for candidates [in a primary election]
76	76	is extended.
77	77	SECTION 5. Section 142.006(a), Election Code, is amended to
78	78	read as follows:
79	79	(a) An application for a place on the ballot must be filed
80	80	not later than 5 p.m. of the first business day after July 4 [30th
81	81	day after runoff primary election day, except as provided by
82	82	Section 202.007].
83	83	SECTION 6. Chapter 142, Election Code, is amended by adding
84	84	Section 142.0065 to read as follows:
85	85	Sec. 142.0065. EXTENDED FILING DEADLINE. (a) The deadline
86	86	for filing an application for a place on the ballot is extended as
87	87	provided by this section if a candidate who has made an application
88	88	that complies with the applicable requirements:
89	89	(1) dies on or after the fifth day before the date of
90	90	the regular filing deadline and on or before the first day after the
91	91	date of the regular filing deadline;
92	92	(2) holds the office for which the application was
93	93	made and withdraws or is declared ineligible on the date of the
94	94	regular filing deadline or the first day after the date of the
95	95	regular filing deadline; or
96	96	(3) withdraws or is declared ineligible during the
97	97	period prescribed by Subdivision (2), and at the time of the
98	98	withdrawal or declaration of ineligibility no other candidate has
99	99	made an application that complies with the applicable requirements
100	100	for the office sought by the withdrawn or ineligible candidate.
101	101	(b) An application for an office sought by a withdrawn,
102	102	deceased, or ineligible candidate must be filed not later than 6
103	103	p.m. of the fifth day after the date of the regular filing deadline.
104	104	An application filed by mail with the state chair is not timely if
105	105	received later than 5 p.m. of the fifth day after the date of the
106	106	regular filing deadline.
107	107	SECTION 7. Section 142.007, Election Code, is amended to
108	108	read as follows:
109	109	Sec. 142.007. NUMBER OF PETITION SIGNATURES REQUIRED. The
110	110	minimum number of signatures that must appear on a candidate's
111	111	petition is:
112	112	(1) for a statewide office, 10,000 [one percent of the
113	113	total vote received by all candidates for governor in the most
114	114	recent gubernatorial general election]; or
115	115	(2) for a district, county, or precinct office, the
116	116	lesser of:
117	117	(A) 500; or
118	118	(B) two [five] percent of the total vote received
119	119	in the district, county, or precinct, as applicable, by all
120	120	candidates for governor in the most recent gubernatorial general
121	121	election, unless that number is under 25, in which case the required
122	122	number of signatures is the lesser of:
123	123	(i) 25; or
124	124	(ii) four [10] percent of that total vote.
125	125	SECTION 8. Section 142.008, Election Code, is amended to
126	126	read as follows:
127	127	Sec. 142.008. STATEMENT ON PETITION. The following
128	128	statement must appear at the top of each page of a candidate's
129	129	petition: "I understand that the purpose of this petition is to
130	130	entitle (insert candidate's name) to have his or her name placed on
131	131	the ballot for the office of (insert office title, including any
132	132	place number or other distinguishing number) for the November
133	133	(insert year) general election. I understand that signing this
134	134	petition does not obligate me to vote for the candidate listed in
135	135	this petition or limit in any way my right to vote for the
136	136	candidates of my choice for any office in any election." ["I know
137	137	the purpose of this petition. I have not voted in the general
138	138	primary election or runoff primary election of any political party
139	139	that has nominated, at either election, a candidate for the office
140	140	of (insert office title) for which (insert candidate's name) is a
141	141	candidate."]
142	142	SECTION 9. Section 172.027, Election Code, is amended to
143	143	read as follows:
144	144	Sec. 172.027. STATEMENT ON PETITION. The following
145	145	statement must appear at the top of each page of a petition to be
146	146	filed under Section 172.021: "I know that the purpose of this
147	147	petition is to entitle (insert candidate's name) to have his or her
148	148	name placed on the ballot for the office of (insert office title,
149	149	including any place number or other distinguishing number) for the
150	150	(insert political party's name) primary election. I understand
151	151	that [by] signing this petition does not obligate me to vote for the
152	152	candidate listed in this petition or limit in any way my right to
153	153	vote for the candidates of my choice for any office in any election
154	154	[I become ineligible to vote in a primary election or participate in
155	155	a convention of another party, including a party not holding a
156	156	primary election, during the voting year in which this primary
157	157	election is held]."
158	158	SECTION 10. Section 181.005, Election Code, is amended to
159	159	read as follows:
160	160	Sec. 181.005. QUALIFYING FOR PLACEMENT ON BALLOT BY PARTY
161	161	REQUIRED TO NOMINATE BY CONVENTION. (a) To be entitled to have the
162	162	names of its nominees placed on the general election ballot, a
163	163	political party required to make nominations by convention must
164	164	file with the secretary of state, not later than the first business
165	165	day after July 4 [75th day after the date of the precinct
166	166	conventions held under this chapter], lists of precinct convention
167	167	participants indicating that the number of participants equals at
168	168	least 10,000 [one percent of the total number of votes received by
169	169	all candidates for governor in the most recent gubernatorial
170	170	general election]. The lists must include each participant's
171	171	residence address and voter registration number.
172	172	(b) A political party is entitled to have the names of its
173	173	nominees placed on the ballot, without qualifying under Subsection
174	174	(a), in each subsequent general election following a general
175	175	election in which the party had a nominee for a statewide office who
176	176	received a number of votes equal to at least two [five] percent of
177	177	the total number of votes received by all candidates for that
178	178	office.
179	179	SECTION 11. Sections 181.006(b), (f), and (k), Election
180	180	Code, are amended to read as follows:
181	181	(b) A petition must:
182	182	(1) satisfy the requirements prescribed by Section
183	183	141.062 for a candidate's petition;
184	184	(2) contain signatures in a number that, when added to
185	185	the number of convention participants indicated on the lists,
186	186	equals at least 10,000 [one percent of the total number of votes
187	187	received by all candidates for governor in the most recent
188	188	gubernatorial general election]; and
189	189	(3) be filed with the secretary of state by the state
190	190	chair before the deadline for filing the lists of precinct
191	191	convention participants.
192	192	(f) The following statement must appear at the top of each
193	193	page of the petition: "I know that the purpose of this petition is
194	194	to entitle the _______ Party to have its nominees placed on the
195	195	ballot in the general election for state and county officers. I
196	196	understand that signing this petition does not obligate me to vote
197	197	for the candidate listed in this petition or limit in any way my
198	198	right to vote for the candidates of my choice for any office in any
199	199	election [I have not voted in a primary election or participated in
200	200	a convention of another party during this voting year, and I
201	201	understand that I become ineligible to do so by signing this
202	202	petition. I understand that signing more than one petition to
203	203	entitle a party to have its nominees placed on the general election
204	204	ballot in the same election is prohibited]."
205	205	(k) The secretary of state shall post a notice of the
206	206	receipt of a petition on the bulletin board used for posting notice
207	207	of meetings of state governmental bodies. [Any person may
208	208	challenge the validity of the petition by filing a written
209	209	statement of the challenge with the secretary of state not later
210	210	than the fifth day after the date notice is posted. The secretary
211	211	of state may verify the petition signatures regardless of whether
212	212	the petition is timely challenged.]
213	213	SECTION 12. Section 181.032(b), Election Code, is amended
214	214	to read as follows:
215	215	(b) The [Not later than the 10th day after the date of the
216	216	filing deadline prescribed by Section 181.033, the] authority with
217	217	whom an application is filed shall deliver to the secretary of state
218	218	a list containing:
219	219	(1) each candidate's name;
220	220	(2) each candidate's residence address;
221	221	(3) the office sought by the candidate; and
222	222	(4) the date on which the candidate filed the
223	223	application.
224	224	SECTION 13. Section 182.003, Election Code, is amended to
225	225	read as follows:
226	226	Sec. 182.003. QUALIFYING FOR PLACEMENT ON BALLOT. To be
227	227	entitled to have the names of its nominees placed on the general
228	228	election ballot, a political party making nominations under this
229	229	chapter must file with the county clerk, not later than the first
230	230	business day after July 4 [75th day after the date of the precinct
231	231	conventions held under this chapter], lists of precinct convention
232	232	participants indicating that the number of participants equals at
233	233	least the lesser of:
234	234	(1) three percent of the total number of votes
235	235	received in the county by all candidates for governor in the most
236	236	recent gubernatorial general election; or
237	237	(2) 5,000.
238	238	SECTION 14. Sections 182.004(b) and (f), Election Code, are
239	239	amended to read as follows:
240	240	(b) A petition must:
241	241	(1) satisfy the requirements prescribed by Section
242	242	141.062 for a candidate's petition;
243	243	(2) contain signatures in a number that, when added to
244	244	the number of convention participants indicated on the lists,
245	245	equals at least the lesser of:
246	246	(A) three percent of the total number of votes
247	247	received in the county by all candidates for governor in the most
248	248	recent gubernatorial general election; or
249	249	(B) 5,000; and
250	250	(3) be filed with the county clerk by the county chair
251	251	before the deadline for filing the lists of precinct convention
252	252	participants.
253	253	(f) Section 181.006(f) applies [Sections 181.006(f)-(j)
254	254	apply] to a petition circulated under this section.
255	255	SECTION 15. Sections 192.032(c) and (d), Election Code, are
256	256	amended to read as follows:
257	257	(c) The application must be filed with the secretary of
258	258	state not later than the first [second] Monday in August [May] of
259	259	the presidential election year.
260	260	(d) The minimum number of signatures that must appear on the
261	261	petition is 10,000 [one percent of the total vote received in the
262	262	state by all candidates for president in the most recent
263	263	presidential general election].
264	264	SECTION 16. The following sections of the Election Code are
265	265	repealed:
266	266	(1) 141.066;
267	267	(2) 142.009;
268	268	(3) 172.026;
269	269	(4) 181.006(g), (h), (i), and (j);
270	270	(5) 181.033; and
271	271	(6) 192.032(f) and (g).
272	272	SECTION 17. The changes in law made by this Act apply only
273	273	to a petition, declaration, or application filed on or after the
274	274	effective date of this Act. A petition, declaration, or
275	275	application filed before the effective date of this Act is governed
276	276	by the law in effect when the petition, declaration, or application
277	277	was filed, and the former law is continued in effect for that
278	278	purpose.
279	279	SECTION 18. This Act takes effect September 1, 2017.