85R1049 SRS-D
By: Israel H.B. No. 3385
A BILL TO BE ENTITLED
AN ACT
relating to the time period for the withdrawal of a candidate for a
general primary election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 172.052(a), Election Code, is amended to
read as follows:
(a) A candidate for nomination may not withdraw from the
general primary election after the third [first] day after the date
of the regular filing deadline for the general primary election.
SECTION 2. Section 172.054(a), Election Code, is amended to
read as follows:
(a) The deadline for filing an application for a place on
the general primary election ballot is extended as provided by this
section if a candidate who has made an application that complies
with the applicable requirements:
(1) dies on or after the fifth day before the date of
the regular filing deadline and on or before the first day after the
date of the regular filing deadline;
(2) holds the office for which the application was
made and:
(A) withdraws on or before the third day after
the date of the regular filing deadline; or
(B) is declared ineligible on the date of the
regular filing deadline or the first day after the date of the
regular filing deadline; or
(3) withdraws or is declared ineligible during the
period prescribed by Subdivision (2)(A) or (B), as applicable
[(2)], and at the time of the withdrawal or declaration of
ineligibility no other candidate has made an application that
complies with the applicable requirements for the office sought by
the withdrawn or ineligible candidate.
SECTION 3. Section 172.057, Election Code, is amended to
read as follows:
Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
candidate's name shall be omitted from the general primary election
ballot if the candidate [withdraws,] dies[,] or is declared
ineligible on or before the first day after the date of the regular
filing deadline or withdraws on or before the third day after the
date of the regular filing deadline.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.