| 1 | 1 | | By: Middleton, Schwertner S.B. No. 1705 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to nominations by primary election by certain political |
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| 7 | 7 | | parties. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 172.001, Election Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. |
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| 12 | 12 | | (a) Except as otherwise provided by this code, a political party's |
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| 13 | 13 | | nominees in the general election for offices of state and county |
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| 14 | 14 | | government and the United States Congress must be nominated by |
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| 15 | 15 | | primary election, held as provided by this code, if the party's |
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| 16 | 16 | | nominee for a statewide office [governor] in any of the five |
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| 17 | 17 | | preceding [the most recent gubernatorial] general elections for |
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| 18 | 18 | | that office [election] received two [20] percent or more of the |
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| 19 | 19 | | total number of votes received by all candidates for that office |
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| 20 | 20 | | [governor] in the election. |
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| 21 | 21 | | (b) If a party required to make nominations by primary |
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| 22 | 22 | | election under this section makes nominations by any other method, |
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| 23 | 23 | | except as permitted by Section 145.036, 145.038, 202.006, or |
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| 24 | 24 | | 232.046, a candidate nominated by that party for a state or county |
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| 25 | 25 | | officer or a member of Congress shall be ineligible for a place on |
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| 26 | 26 | | the ballot in the general election following the nomination made by |
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| 27 | 27 | | another method. |
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| 28 | 28 | | SECTION 2. Section 181.003, Election Code, is amended to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | Sec. 181.003. NOMINATING BY CONVENTION REQUIRED. A |
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| 31 | 31 | | political party must make nominations for the general election for |
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| 32 | 32 | | state and county officers by convention, as provided by this |
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| 33 | 33 | | chapter, if the party is not required [or authorized] to nominate by |
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| 34 | 34 | | primary election. |
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| 35 | 35 | | SECTION 3. Sections 172.002 and 181.002, Election Code, are |
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| 36 | 36 | | repealed. |
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| 37 | 37 | | SECTION 4. The changes in law made by this Act apply |
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| 38 | 38 | | beginning with nominations made for an election held on or after |
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| 39 | 39 | | January 1, 2024. |
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| 40 | 40 | | SECTION 5. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2023. |
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