88R9548 TSS-D
By: Hefner H.B. No. 3684
A BILL TO BE ENTITLED
AN ACT
relating to a procedure for applying for a place on a ballot as a
candidate for precinct chair of a political party; providing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 171, Election Code, is
amended by adding Sections 171.0232 and 171.0233 to read as
follows:
Sec. 171.0232. PROCEDURE FOR APPLYING FOR PLACE ON BALLOT
AS PRECINCT CHAIR. (a) The secretary of state shall adopt rules
establishing a procedure for the filing of applications with the
county chair for a place on the ballot as a candidate for precinct
chair. The procedure must require:
(1) the county chair to:
(A) mark on the application the date on which an
application was received;
(B) not later than 24 hours after receiving an
application, send to the person who submitted the application by
mail or e-mail:
(i) confirmation that the application was
received by the county chair; and
(ii) a copy of the application marked with
the date the application was received under Subdivision (1)(A); and
(C) not later than 72 hours after receiving an
application:
(i) submit the application to the secretary
of state; and
(ii) post notification that the person
applied for a place on the ballot as a candidate for precinct chair
on the party's Internet website or on an Internet website or
bulletin board maintained by the county commissioner's court for
the purposes of public notice; and
(2) the secretary of state to verify each application
submitted.
(b) The secretary of state may assess an administrative
penalty of not more than $500 against a county chair for each
instance in which the chair violates the procedure established
under Subsection (a).
Sec. 171.0233. CIVIL LIABILITY. (a) A county chair is
liable to a person whose application for a place on the ballot as a
candidate for precinct chair was denied or never received as a
result of the county chair failing or refusing to comply with or
delaying the procedure adopted under Section 171.0232 with the
intention of preventing the person from appearing on the ballot.
(b) A person who prevails in an action brought under
Subsection (a) may recover:
(1) all money spent by the person in preparing to run
for office including money spent on fund-raising, polling, filing
fees, staff, or consultants;
(2) income lost as a result of the time the person
spent preparing to run for office; and
(3) court costs and reasonable attorney's fees.
SECTION 2. As soon as practicable after the effective date
of this Act but not later than December 1, 2023, the secretary of
state shall adopt rules as necessary to implement Section 171.0232,
Election Code, as added by this Act.
SECTION 3. The change in law made by this Act applies only
to a cause of action that accrues on or after January 1, 2024.
SECTION 4. This Act takes effect September 1, 2023.