Texas 2025 - 89th Regular

Texas House Bill HB3786 Compare Versions

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11 89R706 PRL-D
22 By: Bucy H.B. No. 3786
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the declaration of a candidate's ineligibility on the
1010 basis of filing an application for a place on the general primary
1111 election ballot or for nomination by convention with more than one
1212 political party.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Chapter 162, Election Code, is amended by adding
1515 Section 162.0151 to read as follows:
1616 Sec. 162.0151. CANDIDACY PROHIBITED. (a) A candidate who
1717 files an application for a place on the general primary election
1818 ballot or for nomination by convention with more than one political
1919 party in the same voting year shall be ineligible for:
2020 (1) a place on the ballot for a general primary
2121 election;
2222 (2) nomination by convention; and
2323 (3) the succeeding general election as:
2424 (A) an independent candidate;
2525 (B) the nominee of a political party; or
2626 (C) a write-in candidate.
2727 (b) A candidate's name shall be omitted from the general
2828 primary election ballot of each political party with which the
2929 candidate filed an application for a place on the ballot if, not
3030 later than the 10th day after the date of the regular filing
3131 deadline for the general primary election, the secretary of state
3232 determines that the candidate is ineligible under Subsection (a).
3333 (c) The secretary of state shall provide written notice to a
3434 candidate declared ineligible under this section. The notice
3535 required under this subsection shall inform the candidate:
3636 (1) of the candidate's ineligibility;
3737 (2) that the candidate may withdraw from the general
3838 primary election under Section 172.052; and
3939 (3) if the candidate refuses to withdraw, the
4040 candidate's name shall be omitted from the general primary election
4141 ballot.
4242 (d) The secretary of state shall prescribe any procedures
4343 necessary to implement this section.
4444 SECTION 2. Section 172.028(c), Election Code, is amended to
4545 read as follows:
4646 (c) A candidate's name may not be certified:
4747 (1) if, before delivering the certification, the state
4848 chair learns that the name is to be omitted from the ballot under
4949 Section 162.0151 or Section 172.057; or
5050 (2) for an office for which the candidate's
5151 application is invalid under Section 141.033.
5252 SECTION 3. Section 181.068(c), Election Code, is amended to
5353 read as follows:
5454 (c) A presiding officer may not certify a candidate's name:
5555 (1) if, before delivering the certification, the
5656 presiding officer learns that the name is to be omitted from the
5757 ballot under Section 145.035 or Section 162.0151; or
5858 (2) for an office for which the candidate's
5959 application is invalid under Section 141.033.
6060 SECTION 4. Section 182.007(c), Election Code, is amended to
6161 read as follows:
6262 (c) The county chair may not certify a candidate's name:
6363 (1) if, before delivering the certification, the
6464 county chair learns that the name is to be omitted from the ballot
6565 under Section 145.035 or Section 162.0151; or
6666 (2) for an office for which the candidate's
6767 application is invalid under Section 141.033.
6868 SECTION 5. This Act takes effect September 1, 2025.