87R7705 SLB-D
By: Dutton H.B. No. 2260
A BILL TO BE ENTITLED
AN ACT
relating to the name used by a candidate on an application for a
place on the ballot and the form of a candidate's name on a ballot;
creating a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 52.031(b) and (c), Election Code, are
amended to read as follows:
(b) In combination with the surname, a candidate may use one
or more of the following:
(1) a given name;
(2) a contraction or familiar form of a given name by
which the candidate is known; [or]
(3) an initial of a given name; or
(4) a name under which the candidate is known, if the
candidate has supplied the required affidavits under Section
141.031(e).
(c) A nickname of one unhyphenated word of not more than 10
letters by which the candidate has been commonly known for at least
three years preceding the election may be used in combination with a
candidate's name. A nickname that constitutes a slogan or
otherwise indicates a political, economic, social, or religious
view or affiliation may not be used. A nickname may not be used
unless the candidate has complied with the requirements of Section
141.031(e) [executes and files with the application for a place on
the ballot an affidavit indicating that the nickname complies with
this subsection].
SECTION 2. Section 141.031, Election Code, is amended by
amending Subsection (a) and adding Subsections (e) and (f) to read
as follows:
(a) A candidate's application for a place on the ballot that
is required by this code must:
(1) be in writing;
(2) be signed and sworn to before a person authorized
to administer oaths in this state by the candidate and indicate the
date that the candidate swears to the application;
(3) be timely filed with the appropriate authority;
and
(4) include:
(A) the candidate's name, and if the candidate is
seeking to run under a name other than the candidate's surname
acquired by law or marriage and given name, or a contraction or
familiar form of a given name by which the candidate is known or an
initial of a given name, the affidavits required by Subsection (e);
(B) the candidate's occupation;
(C) the office sought, including any place number
or other distinguishing number;
(D) an indication of whether the office sought is
to be filled for a full or unexpired term if the office sought and
another office to be voted on have the same title but do not have
place numbers or other distinguishing numbers;
(E) a statement that the candidate is a United
States citizen;
(F) a statement that the candidate has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(i) totally mentally incapacitated; or
(ii) partially mentally incapacitated
without the right to vote;
(G) a statement that the candidate has not been
finally convicted of a felony from which the candidate has not been
pardoned or otherwise released from the resulting disabilities;
(H) the candidate's date of birth;
(I) the candidate's residence address or, if the
residence has no address, the address at which the candidate
receives mail and a concise description of the location of the
candidate's residence;
(J) the candidate's length of continuous
residence in the state and in the territory from which the office
sought is elected as of the date the candidate swears to the
application;
(K) the statement: "I, __________, of __________
County, Texas, being a candidate for the office of __________,
swear that I will support and defend the constitution and laws of
the United States and of the State of Texas";
(L) a statement that the candidate is aware of
the nepotism law, Chapter 573, Government Code; and
(M) a public mailing address at which the
candidate receives correspondence relating to the candidate's
campaign, if available, and an electronic mail address at which the
candidate receives correspondence relating to the candidate's
campaign, if available.
(e) A candidate seeking to have placed on the ballot a name
other than the candidate's surname acquired by law or marriage and
given name, or a contraction or familiar form of a given name by
which the candidate is known or an initial of a given name, must
include with the application 50 affidavits, each:
(1) signed by a person eligible to vote in the election
for which the candidate is applying; and
(2) stating that the candidate is known to the person
signing the affidavit by the name under which the candidate is
seeking to run.
(f) A person who gives false information in order to acquire
the affidavits required by Subsection (e) or who induces a person to
sign a false affidavit submitted under Subsection (e) is liable to
the state for a civil penalty in an amount not to exceed $10,000. A
suit brought under this subsection shall be advanced for trial and
determined as expeditiously as possible. No postponement or
continuance shall be granted except for reasons considered
imperative by the court.
SECTION 3. The change in law made by this Act applies only
to an application for a ballot to be voted by mail submitted on or
after the effective date of this Act. An application for a ballot
to be voted by mail submitted before the effective date of this Act
is governed by the law in effect when the application was submitted,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.