| 1 | 1 | | 88R9548 TSS-D |
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| 2 | 2 | | By: Hefner H.B. No. 3684 |
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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 a procedure for applying for a place on a ballot as a |
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| 8 | 8 | | candidate for precinct chair of a political party; providing an |
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| 9 | 9 | | administrative penalty. |
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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. Subchapter B, Chapter 171, Election Code, is |
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| 12 | 12 | | amended by adding Sections 171.0232 and 171.0233 to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | Sec. 171.0232. PROCEDURE FOR APPLYING FOR PLACE ON BALLOT |
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| 15 | 15 | | AS PRECINCT CHAIR. (a) The secretary of state shall adopt rules |
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| 16 | 16 | | establishing a procedure for the filing of applications with the |
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| 17 | 17 | | county chair for a place on the ballot as a candidate for precinct |
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| 18 | 18 | | chair. The procedure must require: |
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| 19 | 19 | | (1) the county chair to: |
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| 20 | 20 | | (A) mark on the application the date on which an |
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| 21 | 21 | | application was received; |
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| 22 | 22 | | (B) not later than 24 hours after receiving an |
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| 23 | 23 | | application, send to the person who submitted the application by |
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| 24 | 24 | | mail or e-mail: |
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| 25 | 25 | | (i) confirmation that the application was |
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| 26 | 26 | | received by the county chair; and |
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| 27 | 27 | | (ii) a copy of the application marked with |
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| 28 | 28 | | the date the application was received under Subdivision (1)(A); and |
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| 29 | 29 | | (C) not later than 72 hours after receiving an |
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| 30 | 30 | | application: |
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| 31 | 31 | | (i) submit the application to the secretary |
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| 32 | 32 | | of state; and |
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| 33 | 33 | | (ii) post notification that the person |
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| 34 | 34 | | applied for a place on the ballot as a candidate for precinct chair |
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| 35 | 35 | | on the party's Internet website or on an Internet website or |
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| 36 | 36 | | bulletin board maintained by the county commissioner's court for |
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| 37 | 37 | | the purposes of public notice; and |
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| 38 | 38 | | (2) the secretary of state to verify each application |
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| 39 | 39 | | submitted. |
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| 40 | 40 | | (b) The secretary of state may assess an administrative |
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| 41 | 41 | | penalty of not more than $500 against a county chair for each |
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| 42 | 42 | | instance in which the chair violates the procedure established |
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| 43 | 43 | | under Subsection (a). |
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| 44 | 44 | | Sec. 171.0233. CIVIL LIABILITY. (a) A county chair is |
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| 45 | 45 | | liable to a person whose application for a place on the ballot as a |
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| 46 | 46 | | candidate for precinct chair was denied or never received as a |
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| 47 | 47 | | result of the county chair failing or refusing to comply with or |
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| 48 | 48 | | delaying the procedure adopted under Section 171.0232 with the |
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| 49 | 49 | | intention of preventing the person from appearing on the ballot. |
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| 50 | 50 | | (b) A person who prevails in an action brought under |
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| 51 | 51 | | Subsection (a) may recover: |
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| 52 | 52 | | (1) all money spent by the person in preparing to run |
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| 53 | 53 | | for office including money spent on fund-raising, polling, filing |
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| 54 | 54 | | fees, staff, or consultants; |
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| 55 | 55 | | (2) income lost as a result of the time the person |
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| 56 | 56 | | spent preparing to run for office; and |
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| 57 | 57 | | (3) court costs and reasonable attorney's fees. |
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| 58 | 58 | | SECTION 2. As soon as practicable after the effective date |
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| 59 | 59 | | of this Act but not later than December 1, 2023, the secretary of |
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| 60 | 60 | | state shall adopt rules as necessary to implement Section 171.0232, |
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| 61 | 61 | | Election Code, as added by this Act. |
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| 62 | 62 | | SECTION 3. The change in law made by this Act applies only |
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| 63 | 63 | | to a cause of action that accrues on or after January 1, 2024. |
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| 64 | 64 | | SECTION 4. This Act takes effect September 1, 2023. |
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