Texas 2019 - 86th Regular

Texas House Bill HB4439 Compare Versions

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

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1	1	By: Cain H.B. No. 4439
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the qualification of certain candidates for placement
7	7	on the ballot.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 141.064, Election Code, is amended to
10	10	read as follows:
11	11	Sec. 141.064. METHOD OF ACQUIRING SIGNATURE. A person
12	12	circulating a petition must:
13	13	(1) [before permitting a person to sign, point out and
14	14	read to the person each statement pertaining to the signer that
15	15	appears on the petition;
16	16	[(2)] witness each signature; and
17	17	(2) [(3)] ascertain that each date of signing is
18	18	correct[; and
19	19	[(4) before the petition is filed, verify each
20	20	signer's registration status and ascertain that each registration
21	21	number entered on the petition is correct].
22	22	SECTION 2. Section 141.065(a), Election Code, is amended to
23	23	read as follows:
24	24	(a) Each part of a petition must include an affidavit of the
25	25	person who circulated it, executed before a person authorized to
26	26	administer oaths in this state, stating that the person:
27	27	(1) [pointed out and read to each signer, before the
28	28	petition was signed, each statement pertaining to the signer that
29	29	appears on the petition;
30	30	[(2)] witnessed each signature;
31	31	(2) [(3)] verified each signer's registration status;
32	32	and
33	33	(3) [(4)] believes each signature to be genuine and
34	34	the corresponding information to be correct.
35	35	SECTION 3. Sections 142.002(b) and (c), Election Code, are
36	36	amended to read as follows:
37	37	(b) A declaration of intent to run as an independent
38	38	candidate must:
39	39	(1) be in writing and be signed and acknowledged by the
40	40	candidate;
41	41	(2) be filed with the authority with whom the
42	42	candidate's application for a place on the ballot is required to be
43	43	filed within the time provided for filing the candidate's
44	44	application under Section 142.006 [regular filing period for an
45	45	application for a place on a general primary election ballot]; and
46	46	(3) contain:
47	47	(A) the candidate's name and residence address;
48	48	(B) the office sought, including any place number
49	49	or other distinguishing number; and
50	50	(C) an indication of whether the office sought is
51	51	to be filled for a full or unexpired term, if the office sought and
52	52	another office to be voted on have the same title but do not have
53	53	place numbers or other distinguishing numbers.
54	54	(c) This section does not apply to:
55	55	(1) a candidate for an unexpired term if the vacancy
56	56	occurs after the 10th day before the regular filing deadline for an
57	57	application under Section 142.006 [for a place on a general primary
58	58	election ballot]; or
59	59	(2) a candidate for an office for which the regular
60	60	application filing deadline for candidates [in a primary election]
61	61	is extended.
62	62	SECTION 4. Section 142.006(a), Election Code, is amended to
63	63	read as follows:
64	64	(a) An application for a place on the ballot must be filed
65	65	not later than 5 p.m. of the first business day after July 4 [30th
66	66	day after runoff primary election day, except as provided by
67	67	Section 202.007].
68	68	SECTION 5. Chapter 142, Election Code, is amended by adding
69	69	Section 142.0065 to read as follows:
70	70	Sec. 142.0065. EXTENDED FILING DEADLINE. (a) The deadline
71	71	for filing an application for a place on the ballot is extended as
72	72	provided by this section if a candidate who has made an application
73	73	that complies with the applicable requirements:
74	74	(1) dies on or after the fifth day before the date of
75	75	the regular filing deadline and on or before the first day after the
76	76	date of the regular filing deadline;
77	77	(2) holds the office for which the application was
78	78	made and withdraws or is declared ineligible on the date of the
79	79	regular filing deadline or the first day after the date of the
80	80	regular filing deadline; or
81	81	(3) withdraws or is declared ineligible during the
82	82	period prescribed by Subdivision (2), and at the time of the
83	83	withdrawal or declaration of ineligibility no other candidate has
84	84	made an application that complies with the applicable requirements
85	85	for the office sought by the withdrawn or ineligible candidate.
86	86	(b) An application for an office sought by a withdrawn,
87	87	deceased, or ineligible candidate must be filed not later than 6
88	88	p.m. of the fifth day after the date of the regular filing deadline.
89	89	An application filed by mail with the appropriate authority is not
90	90	timely if received later than 5 p.m. of the fifth day after the date
91	91	of the regular filing deadline.
92	92	SECTION 6. Section 142.007, Election Code, is amended to
93	93	read as follows:
94	94	Sec. 142.007. NUMBER OF PETITION SIGNATURES REQUIRED. The
95	95	minimum number of signatures that must appear on a candidate's
96	96	petition is:
97	97	(1) for a statewide office, 10,000 [one percent of the
98	98	total vote received by all candidates for governor in the most
99	99	recent gubernatorial general election]; or
100	100	(2) for a district, county, or precinct office, the
101	101	lesser of:
102	102	(A) 500; or
103	103	(B) two [five] percent of the total vote received
104	104	in the district, county, or precinct, as applicable, by all
105	105	candidates for governor in the most recent gubernatorial general
106	106	election, unless that number is under 25, in which case the required
107	107	number of signatures is the lesser of:
108	108	(i) 25; or
109	109	(ii) four [10] percent of that total vote.
110	110	SECTION 7. Section 142.008, Election Code, is amended to
111	111	read as follows:
112	112	Sec. 142.008. STATEMENT ON PETITION. The following
113	113	statement must appear at the top of each page of a candidate's
114	114	petition: "I understand that the purpose of this petition is to
115	115	entitle (insert candidate's name) to have his or her name placed on
116	116	the ballot for the office of (insert office title, including any
117	117	place number or other distinguishing number) for the November
118	118	(insert year) general election. I understand that signing this
119	119	petition does not obligate me to vote for the candidate listed in
120	120	this petition or limit in any way my right to vote for the
121	121	candidates of my choice for any office in any election." ["I know
122	122	the purpose of this petition. I have not voted in the general
123	123	primary election or runoff primary election of any political party
124	124	that has nominated, at either election, a candidate for the office
125	125	of (insert office title) for which (insert candidate's name) is a
126	126	candidate."]
127	127	SECTION 8. Section 172.027, Election Code, is amended to
128	128	read as follows:
129	129	Sec. 172.027. STATEMENT ON PETITION. The following
130	130	statement must appear at the top of each page of a petition to be
131	131	filed under Section 172.021: "I know that the purpose of this
132	132	petition is to entitle (insert candidate's name) to have his or her
133	133	name placed on the ballot for the office of (insert office title,
134	134	including any place number or other distinguishing number) for the
135	135	(insert political party's name) primary election. I understand
136	136	that [by] signing this petition does not obligate me to vote for the
137	137	candidate listed in this petition or limit in any way my right to
138	138	vote for the candidates of my choice for any office in any election
139	139	[I become ineligible to vote in a primary election or participate in
140	140	a convention of another party, including a party not holding a
141	141	primary election, during the voting year in which this primary
142	142	election is held]."
143	143	SECTION 9. Section 181.005, Election Code, is amended to
144	144	read as follows:
145	145	Sec. 181.005. QUALIFYING FOR PLACEMENT ON BALLOT BY PARTY
146	146	REQUIRED TO NOMINATE BY CONVENTION. (a) To be entitled to have the
147	147	names of its nominees placed on the general election ballot, a
148	148	political party required to make nominations by convention must
149	149	file with the secretary of state, not later than the first business
150	150	day after July 4 [75th day after the date of the precinct
151	151	conventions held under this chapter], lists of precinct convention
152	152	participants indicating that the number of participants equals at
153	153	least 10,000 [one percent of the total number of votes received by
154	154	all candidates for governor in the most recent gubernatorial
155	155	general election]. The lists must include each participant's
156	156	residence address and voter registration number.
157	157	(b) A political party is entitled to have the names of its
158	158	nominees placed on the ballot, without qualifying under Subsection
159	159	(a), in each subsequent general election following a general
160	160	election in which the party had a nominee for a statewide office who
161	161	received a number of votes equal to at least two [five] percent of
162	162	the total number of votes received by all candidates for that
163	163	office.
164	164	SECTION 10. Sections 181.006(b), (f), and (k), Election
165	165	Code, are amended to read as follows:
166	166	(b) A petition must:
167	167	(1) satisfy the requirements prescribed by Section
168	168	141.062 for a candidate's petition;
169	169	(2) contain signatures in a number that, when added to
170	170	the number of convention participants indicated on the lists,
171	171	equals at least 10,000 [one percent of the total number of votes
172	172	received by all candidates for governor in the most recent
173	173	gubernatorial general election]; and
174	174	(3) be filed with the secretary of state by the state
175	175	chair before the deadline for filing the lists of precinct
176	176	convention participants.
177	177	(f) The following statement must appear at the top of each
178	178	page of the petition: "I know that the purpose of this petition is
179	179	to entitle the _______ Party to have its nominees placed on the
180	180	ballot in the general election for state and county officers. I
181	181	understand that signing this petition does not obligate me to vote
182	182	for the candidate listed in this petition or limit in any way my
183	183	right to vote for the candidates of my choice for any office in any
184	184	election [I have not voted in a primary election or participated in
185	185	a convention of another party during this voting year, and I
186	186	understand that I become ineligible to do so by signing this
187	187	petition. I understand that signing more than one petition to
188	188	entitle a party to have its nominees placed on the general election
189	189	ballot in the same election is prohibited]."
190	190	(k) The secretary of state shall post a notice of the
191	191	receipt of a petition on the bulletin board used for posting notice
192	192	of meetings of state governmental bodies. [Any person may
193	193	challenge the validity of the petition by filing a written
194	194	statement of the challenge with the secretary of state not later
195	195	than the fifth day after the date notice is posted. The secretary
196	196	of state may verify the petition signatures regardless of whether
197	197	the petition is timely challenged.]
198	198	SECTION 11. Section 181.032(b), Election Code, is amended
199	199	to read as follows:
200	200	(b) The [Not later than the 10th day after the date of the
201	201	filing deadline prescribed by Section 181.033, the] authority with
202	202	whom an application is filed shall deliver to the secretary of state
203	203	a list containing:
204	204	(1) each candidate's name;
205	205	(2) each candidate's residence address;
206	206	(3) the office sought by the candidate; and
207	207	(4) the date on which the candidate filed the
208	208	application.
209	209	SECTION 12. Section 182.003, Election Code, is amended to
210	210	read as follows:
211	211	Sec. 182.003. QUALIFYING FOR PLACEMENT ON BALLOT. To be
212	212	entitled to have the names of its nominees placed on the general
213	213	election ballot, a political party making nominations under this
214	214	chapter must file with the county clerk, not later than the first
215	215	business day after July 4 [75th day after the date of the precinct
216	216	conventions held under this chapter], lists of precinct convention
217	217	participants indicating that the number of participants equals at
218	218	least the lesser of:
219	219	(1) three percent of the total number of votes
220	220	received in the county by all candidates for governor in the most
221	221	recent gubernatorial general election; or
222	222	(2) 5,000.
223	223	SECTION 13. Sections 182.004(b) and (f), Election Code, are
224	224	amended to read as follows:
225	225	(b) A petition must:
226	226	(1) satisfy the requirements prescribed by Section
227	227	141.062 for a candidate's petition;
228	228	(2) contain signatures in a number that, when added to
229	229	the number of convention participants indicated on the lists,
230	230	equals at least the lesser of:
231	231	(A) three percent of the total number of votes
232	232	received in the county by all candidates for governor in the most
233	233	recent gubernatorial general election; or
234	234	(B) 5,000; and
235	235	(3) be filed with the county clerk by the county chair
236	236	before the deadline for filing the lists of precinct convention
237	237	participants.
238	238	(f) Section 181.006(f) applies [Sections 181.006(f)-(j)
239	239	apply] to a petition circulated under this section.
240	240	SECTION 14. Sections 192.032(c) and (d), Election Code, are
241	241	amended to read as follows:
242	242	(c) The application must be filed with the secretary of
243	243	state not later than the first [second] Monday in August [May] of
244	244	the presidential election year.
245	245	(d) The minimum number of signatures that must appear on the
246	246	petition is 10,000 [one percent of the total vote received in the
247	247	state by all candidates for president in the most recent
248	248	presidential general election].
249	249	SECTION 15. The following sections of the Election Code are
250	250	repealed:
251	251	(1) 141.066;
252	252	(2) 142.009;
253	253	(3) 172.026;
254	254	(4) 181.006(g), (h), (i), and (j);
255	255	(5) 181.033; and
256	256	(6) 192.032(f) and (g).
257	257	SECTION 16. The changes in law made by this Act apply only
258	258	to a petition, declaration, or application filed on or after the
259	259	effective date of this Act. A petition, declaration, or
260	260	application filed before the effective date of this Act is governed
261	261	by the law in effect when the petition, declaration, or application
262	262	was filed, and the former law is continued in effect for that
263	263	purpose.
264	264	SECTION 17. This Act takes effect September 1, 2019.