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repealed.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