| 1 | 1 | | 87R7704 SLB-D |
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| 2 | 2 | | By: Dutton H.B. No. 2908 |
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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 address of a candidate on an application for a place |
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| 8 | 8 | | on the ballot; creating a civil penalty; creating a criminal |
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| 9 | 9 | | offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 141.031, Election Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsections (e), (f), and (g) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) A candidate's application for a place on the ballot that |
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| 15 | 15 | | is required by this code must: |
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| 16 | 16 | | (1) be in writing; |
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| 17 | 17 | | (2) be signed and sworn to before a person authorized |
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| 18 | 18 | | to administer oaths in this state by the candidate and indicate the |
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| 19 | 19 | | date that the candidate swears to the application; |
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| 20 | 20 | | (3) be timely filed with the appropriate authority; |
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| 21 | 21 | | and |
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| 22 | 22 | | (4) include: |
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| 23 | 23 | | (A) the candidate's name; |
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| 24 | 24 | | (B) the candidate's occupation; |
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| 25 | 25 | | (C) the office sought, including any place number |
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| 26 | 26 | | or other distinguishing number; |
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| 27 | 27 | | (D) an indication of whether the office sought is |
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| 28 | 28 | | to be filled for a full or unexpired term if the office sought and |
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| 29 | 29 | | another office to be voted on have the same title but do not have |
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| 30 | 30 | | place numbers or other distinguishing numbers; |
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| 31 | 31 | | (E) a statement that the candidate is a United |
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| 32 | 32 | | States citizen; |
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| 33 | 33 | | (F) a statement that the candidate has not been |
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| 34 | 34 | | determined by a final judgment of a court exercising probate |
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| 35 | 35 | | jurisdiction to be: |
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| 36 | 36 | | (i) totally mentally incapacitated; or |
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| 37 | 37 | | (ii) partially mentally incapacitated |
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| 38 | 38 | | without the right to vote; |
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| 39 | 39 | | (G) a statement that the candidate has not been |
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| 40 | 40 | | finally convicted of a felony from which the candidate has not been |
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| 41 | 41 | | pardoned or otherwise released from the resulting disabilities; |
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| 42 | 42 | | (H) the candidate's date of birth; |
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| 43 | 43 | | (I) the candidate's residence address or, if the |
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| 44 | 44 | | residence has no address, the address at which the candidate |
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| 45 | 45 | | receives mail and a concise description of the location of the |
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| 46 | 46 | | candidate's residence and the affidavit required by Subsection (e) |
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| 47 | 47 | | verifying the candidate's address; |
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| 48 | 48 | | (J) the candidate's length of continuous |
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| 49 | 49 | | residence in the state and in the territory from which the office |
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| 50 | 50 | | sought is elected as of the date the candidate swears to the |
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| 51 | 51 | | application; |
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| 52 | 52 | | (K) the statement: "I, __________, of __________ |
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| 53 | 53 | | County, Texas, being a candidate for the office of __________, |
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| 54 | 54 | | swear that I will support and defend the constitution and laws of |
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| 55 | 55 | | the United States and of the State of Texas"; |
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| 56 | 56 | | (L) a statement that the candidate is aware of |
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| 57 | 57 | | the nepotism law, Chapter 573, Government Code; and |
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| 58 | 58 | | (M) a public mailing address at which the |
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| 59 | 59 | | candidate receives correspondence relating to the candidate's |
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| 60 | 60 | | campaign, if available, and an electronic mail address at which the |
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| 61 | 61 | | candidate receives correspondence relating to the candidate's |
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| 62 | 62 | | campaign, if available. |
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| 63 | 63 | | (e) A candidate must submit with an application under this |
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| 64 | 64 | | section an affidavit stating that the candidate lives at the |
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| 65 | 65 | | residence address listed on the application form. |
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| 66 | 66 | | (f) A person who knowingly gives false information on an |
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| 67 | 67 | | affidavit submitted under Subsection (e) commits an offense. An |
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| 68 | 68 | | offense under this subsection is a felony of the third degree. |
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| 69 | 69 | | (g) A person who gives false information on an affidavit |
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| 70 | 70 | | submitted under Subsection (e) is liable to the state for a civil |
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| 71 | 71 | | penalty in an amount not to exceed $10,000. |
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| 72 | 72 | | SECTION 2. The change in law made by this Act applies only |
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| 73 | 73 | | to an application to be a candidate in an election submitted on or |
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| 74 | 74 | | after the effective date of this Act. An application to be a |
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| 75 | 75 | | candidate in an election submitted before the effective date of |
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| 76 | 76 | | this Act is governed by the law in effect when the application was |
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| 77 | 77 | | submitted, and the former law is continued in effect for that |
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| 78 | 78 | | purpose. |
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| 79 | 79 | | SECTION 3. This Act takes effect September 1, 2021. |
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