By: Ashby (Senate Sponsor - Schwertner) H.B. No. 1067
(In the Senate - Received from the House April 3, 2019;
April 4, 2019, read first time and referred to Committee on State
Affairs; May 1, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; May 1, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 1067 By: Birdwell
A BILL TO BE ENTITLED
AN ACT
relating to the omission of a deceased candidate from the ballot in
certain elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 145.096(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (b) or Section
145.098(b), a candidate's name shall be placed on the ballot if the
candidate:
(1) dies on or after the second day before the deadline
for filing the candidate's application for a place on the ballot;
(2) is declared ineligible after 5 p.m. of the fifth
day after the deadline for filing the candidate's application for a
place on the ballot, in an election subject to Section 145.092(a);
(3) is declared ineligible after 5 p.m. of the 57th day
before election day, in an election subject to Section 145.092(b);
or
(4) is declared ineligible after 5 p.m. of the 71st day
before election day, in an election subject to Section 145.092(f).
SECTION 2. Section 145.098, Election Code, is amended to
read as follows:
Sec. 145.098. WITHDRAWAL OR DEATH OF CANDIDATE BEFORE
BALLOTS ARE PREPARED. (a) If a candidate files a withdrawal
request after the deadline prescribed by Section 145.092, and the
candidate complies with each requirement under Section 145.001
except that the candidate's filing to withdraw is untimely, the
authority responsible for preparing the ballots may choose to omit
the candidate from the ballot if the ballots have not been prepared
at the time the candidate files the withdrawal request.
(b) If a candidate dies on or before the deadline for filing
an application for a place on the ballot:
(1) the authority responsible for preparing the
ballots may choose to omit the candidate from the ballot; and
(2) if the authority omits the candidate's name under
Subdivision (1), the filing deadline for an application for a place
on the ballot for the office sought by the candidate is extended
until the fifth day after the filing deadline.
SECTION 3. The changes in law made by this Act apply only to
an election for which an application for a place on the ballot is
due on or after the effective date of this Act.
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, 2019.
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