| 1 | 1 | | 85R1049 SRS-D |
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| 2 | 2 | | By: Israel H.B. No. 3385 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the time period for the withdrawal of a candidate for a |
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| 8 | 8 | | general primary election. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 172.052(a), Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) A candidate for nomination may not withdraw from the |
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| 13 | 13 | | general primary election after the third [first] day after the date |
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| 14 | 14 | | of the regular filing deadline for the general primary election. |
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| 15 | 15 | | SECTION 2. Section 172.054(a), Election Code, is amended to |
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| 16 | 16 | | read as follows: |
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| 17 | 17 | | (a) The deadline for filing an application for a place on |
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| 18 | 18 | | the general primary election ballot is extended as provided by this |
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| 19 | 19 | | section if a candidate who has made an application that complies |
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| 20 | 20 | | with the applicable requirements: |
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| 21 | 21 | | (1) dies on or after the fifth day before the date of |
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| 22 | 22 | | the regular filing deadline and on or before the first day after the |
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| 23 | 23 | | date of the regular filing deadline; |
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| 24 | 24 | | (2) holds the office for which the application was |
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| 25 | 25 | | made and: |
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| 26 | 26 | | (A) withdraws on or before the third day after |
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| 27 | 27 | | the date of the regular filing deadline; or |
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| 28 | 28 | | (B) is declared ineligible on the date of the |
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| 29 | 29 | | regular filing deadline or the first day after the date of the |
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| 30 | 30 | | regular filing deadline; or |
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| 31 | 31 | | (3) withdraws or is declared ineligible during the |
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| 32 | 32 | | period prescribed by Subdivision (2)(A) or (B), as applicable |
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| 33 | 33 | | [(2)], and at the time of the withdrawal or declaration of |
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| 34 | 34 | | ineligibility no other candidate has made an application that |
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| 35 | 35 | | complies with the applicable requirements for the office sought by |
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| 36 | 36 | | the withdrawn or ineligible candidate. |
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| 37 | 37 | | SECTION 3. Section 172.057, Election Code, is amended to |
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| 38 | 38 | | read as follows: |
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| 39 | 39 | | Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE |
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| 40 | 40 | | CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A |
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| 41 | 41 | | candidate's name shall be omitted from the general primary election |
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| 42 | 42 | | ballot if the candidate [withdraws,] dies[,] or is declared |
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| 43 | 43 | | ineligible on or before the first day after the date of the regular |
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| 44 | 44 | | filing deadline or withdraws on or before the third day after the |
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| 45 | 45 | | date of the regular filing deadline. |
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| 46 | 46 | | SECTION 4. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect September 1, 2017. |
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