Texas 2023 - 88th Regular

Texas Senate Bill SB2531 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6795 MLH-D
2	2	By: Hughes S.B. No. 2531
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to nominations by primary election by all political
8	8	parties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 145.003, Election Code, is amended by
11	11	amending Subsection (f) and adding Subsection (f-1) to read as
12	12	follows:
13	13	(f) A candidate may be declared ineligible only if:
14	14	(1) the information on the candidate's application for
15	15	a place on the ballot indicates that the candidate is ineligible for
16	16	the office; [or]
17	17	(2) facts indicating that the candidate is ineligible
18	18	are conclusively established by another public record; or
19	19	(3) the candidate has not been nominated by primary
20	20	election.
21	21	(f-1) For purposes of Subsection (f)(3), a candidate is
22	22	considered nominated by primary election if the candidate was
23	23	unopposed in the primary election.
24	24	SECTION 2. Section 161.005(b), Election Code, is amended to
25	25	read as follows:
26	26	(b) For purposes of this section, a person becomes a
27	27	candidate at the earliest time at which one of the following occurs:
28	28	(1) the person files:
29	29	(A) a declaration of intent to run as an
30	30	independent candidate;
31	31	(B) an application for a place on a primary or
32	32	general election ballot [or for nomination by a convention]; or
33	33	(C) a declaration of write-in candidacy; or
34	34	(2) the person is nominated by an [a convention or]
35	35	executive committee.
36	36	SECTION 3. Section 162.001(b), Election Code, is amended to
37	37	read as follows:
38	38	(b) The affiliation requirement prescribed by Subsections
39	39	(a)(2) and (3) applies only during a voting year in which the
40	40	general election for state and county officers is held and does not
41	41	apply until[:
42	42	[(1)] general primary election day[, for a party
43	43	holding a primary election; or
44	44	[(2) the date of the precinct conventions held under
45	45	this title, for a party nominating by convention].
46	46	SECTION 4. Section 162.006, Election Code, is amended to
47	47	read as follows:
48	48	Sec. 162.006. AFFILIATION BY TAKING OATH. A person becomes
49	49	affiliated with a political party when the person takes an oath of
50	50	affiliation as provided by Section [162.007 or] 162.008.
51	51	SECTION 5. Section 162.017(e), Election Code, is amended to
52	52	read as follows:
53	53	(e) The preregistration process must include the statement
54	54	described by Section 162.004(a) and require a preregistering
55	55	attendee to affiliate with the party by taking the oath described in
56	56	Section 162.006 [162.007(b)].
57	57	SECTION 6. Section 172.001, Election Code, is amended to
58	58	read as follows:
59	59	Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED.
60	60	Except as otherwise provided by this code, a political party's
61	61	nominees in the general election for offices of state and county
62	62	government and the United States Congress must be nominated by
63	63	primary election, held as provided by this code[, if the party's
64	64	nominee for governor in the most recent gubernatorial general
65	65	election received 20 percent or more of the total number of votes
66	66	received by all candidates for governor in the election].
67	67	SECTION 7. Section 202.006(a), Election Code, is amended to
68	68	read as follows:
69	69	(a) A political party's state, district, county, or
70	70	precinct executive committee, as appropriate for the particular
71	71	office, may nominate a candidate for the unexpired term if[:
72	72	[(1) in the case of a party holding a primary
73	73	election,] the vacancy occurs after the fifth day before the date of
74	74	the regular deadline for candidates to file applications for a
75	75	place on the ballot for the general primary election[; or
76	76	[(2) in the case of a party nominating by convention,
77	77	the vacancy occurs after the fourth day before the date the
78	78	convention having the power to make a nomination for the office
79	79	convenes].
80	80	SECTION 8. Section 204.004, Election Code, is amended to
81	81	read as follows:
82	82	Sec. 204.004. NOMINATION FOR VACANCY FILLED AT GENERAL
83	83	ELECTION. A nomination by a political party for an unexpired term
84	84	to be filled at the general election for state and county officers
85	85	is made in the manner prescribed by Section 202.004 [or 202.005, as
86	86	applicable].
87	87	SECTION 9. Section 251.001(1), Election Code, is amended to
88	88	read as follows:
89	89	(1) "Candidate" means a person who knowingly and
90	90	willingly takes affirmative action for the purpose of gaining
91	91	nomination or election to public office or for the purpose of
92	92	satisfying financial obligations incurred by the person in
93	93	connection with the campaign for nomination or election. Examples
94	94	of affirmative action include:
95	95	(A) the filing of a campaign treasurer
96	96	appointment, except that the filing does not constitute candidacy
97	97	or an announcement of candidacy for purposes of the automatic
98	98	resignation provisions of Article XVI, Section 65, or Article XI,
99	99	Section 11, of the Texas Constitution;
100	100	(B) the filing of an application for a place on a
101	101	ballot;
102	102	(C) [the filing of an application for nomination
103	103	by convention;
104	104	[(D)] the filing of a declaration of intent to
105	105	become an independent candidate or a declaration of write-in
106	106	candidacy;
107	107	(D) [(E)] the making of a public announcement of
108	108	a definite intent to run for public office in a particular election,
109	109	regardless of whether the specific office is mentioned in the
110	110	announcement;
111	111	(E) [(F)] before a public announcement of
112	112	intent, the making of a statement of definite intent to run for
113	113	public office and the soliciting of support by letter or other mode
114	114	of communication;
115	115	(F) [(G)] the soliciting or accepting of a
116	116	campaign contribution or the making of a campaign expenditure; and
117	117	(G) [(H)] the seeking of the nomination of an
118	118	executive committee of a political party to fill a vacancy.
119	119	SECTION 10. Sections 253.153(a) and (b), Election Code, are
120	120	amended to read as follows:
121	121	(a) A judicial candidate or officeholder, a
122	122	specific-purpose committee for supporting or opposing a judicial
123	123	candidate, or a specific-purpose committee for assisting a judicial
124	124	officeholder may not knowingly accept a political contribution
125	125	except during the period:
126	126	(1) beginning on:
127	127	(A) the 210th day before the date an application
128	128	for a place on the ballot [or for nomination by convention] for the
129	129	office is required to be filed, if the election is for a full term;
130	130	or
131	131	(B) the later of the 210th day before the date an
132	132	application for a place on the ballot [or for nomination by
133	133	convention] for the office is required to be filed or the date a
134	134	vacancy in the office occurs, if the election is for an unexpired
135	135	term; and
136	136	(2) ending on the 120th day after the date of the
137	137	election in which the candidate or officeholder last appeared on
138	138	the ballot, regardless of whether the candidate or officeholder has
139	139	an opponent in that election.
140	140	(b) Subsection (a)(2) does not apply to a political
141	141	contribution that was made and accepted with the intent that it be
142	142	used to defray expenses incurred in connection with an election,
143	143	including the repayment of any debt that is:
144	144	(1) incurred directly by the making of a campaign
145	145	expenditure during the period beginning on the date the application
146	146	for a place on the ballot [or for nomination by convention] was
147	147	required to be filed for the election in which the candidate last
148	148	appeared on the ballot and ending on the date of that election; and
149	149	(2) subject to the restrictions prescribed by Sections
150	150	253.162 and 253.1621.
151	151	SECTION 11. Section 571.079(a), Government Code, is amended
152	152	to read as follows:
153	153	(a) Not later than the 15th day after the date on which an
154	154	application for a place on the general primary election ballot [or
155	155	for nomination by convention] is required to be filed, the
156	156	commission shall post on its Internet website:
157	157	(1) the name and address of each candidate for an
158	158	office specified by Section 252.005(1), Election Code, who has
159	159	failed to pay a civil penalty imposed by the commission for failure
160	160	to file with the commission a required report or statement under
161	161	Chapter 254, Election Code, or Chapter 572; and
162	162	(2) for each candidate listed under Subdivision (1),
163	163	the amount of the penalty imposed and the amount paid, if any.
164	164	SECTION 12. The following provisions of the Election Code
165	165	are repealed:
166	166	(1) Section 162.007;
167	167	(2) Section 162.016;
168	168	(3) Section 172.002;
169	169	(4) Section 202.005; and
170	170	(5) Subtitle C, Title 10.
171	171	SECTION 13. The changes in law made by this Act apply
172	172	beginning with nominations made for an election held on or after
173	173	January 1, 2024.
174	174	SECTION 14. This Act takes effect immediately if it
175	175	receives a vote of two-thirds of all the members elected to each
176	176	house, as provided by Section 39, Article III, Texas Constitution.
177	177	If this Act does not receive the vote necessary for immediate
178	178	effect, this Act takes effect September 1, 2023.