1 | 1 | | 89R706 PRL-D |
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2 | 2 | | By: Bucy H.B. No. 3786 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the declaration of a candidate's ineligibility on the |
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10 | 10 | | basis of filing an application for a place on the general primary |
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11 | 11 | | election ballot or for nomination by convention with more than one |
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12 | 12 | | political party. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Chapter 162, Election Code, is amended by adding |
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15 | 15 | | Section 162.0151 to read as follows: |
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16 | 16 | | Sec. 162.0151. CANDIDACY PROHIBITED. (a) A candidate who |
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17 | 17 | | files an application for a place on the general primary election |
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18 | 18 | | ballot or for nomination by convention with more than one political |
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19 | 19 | | party in the same voting year shall be ineligible for: |
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20 | 20 | | (1) a place on the ballot for a general primary |
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21 | 21 | | election; |
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22 | 22 | | (2) nomination by convention; and |
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23 | 23 | | (3) the succeeding general election as: |
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24 | 24 | | (A) an independent candidate; |
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25 | 25 | | (B) the nominee of a political party; or |
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26 | 26 | | (C) a write-in candidate. |
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27 | 27 | | (b) A candidate's name shall be omitted from the general |
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28 | 28 | | primary election ballot of each political party with which the |
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29 | 29 | | candidate filed an application for a place on the ballot if, not |
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30 | 30 | | later than the 10th day after the date of the regular filing |
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31 | 31 | | deadline for the general primary election, the secretary of state |
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32 | 32 | | determines that the candidate is ineligible under Subsection (a). |
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33 | 33 | | (c) The secretary of state shall provide written notice to a |
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34 | 34 | | candidate declared ineligible under this section. The notice |
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35 | 35 | | required under this subsection shall inform the candidate: |
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36 | 36 | | (1) of the candidate's ineligibility; |
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37 | 37 | | (2) that the candidate may withdraw from the general |
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38 | 38 | | primary election under Section 172.052; and |
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39 | 39 | | (3) if the candidate refuses to withdraw, the |
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40 | 40 | | candidate's name shall be omitted from the general primary election |
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41 | 41 | | ballot. |
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42 | 42 | | (d) The secretary of state shall prescribe any procedures |
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43 | 43 | | necessary to implement this section. |
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44 | 44 | | SECTION 2. Section 172.028(c), Election Code, is amended to |
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45 | 45 | | read as follows: |
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46 | 46 | | (c) A candidate's name may not be certified: |
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47 | 47 | | (1) if, before delivering the certification, the state |
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48 | 48 | | chair learns that the name is to be omitted from the ballot under |
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49 | 49 | | Section 162.0151 or Section 172.057; or |
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50 | 50 | | (2) for an office for which the candidate's |
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51 | 51 | | application is invalid under Section 141.033. |
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52 | 52 | | SECTION 3. Section 181.068(c), Election Code, is amended to |
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53 | 53 | | read as follows: |
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54 | 54 | | (c) A presiding officer may not certify a candidate's name: |
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55 | 55 | | (1) if, before delivering the certification, the |
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56 | 56 | | presiding officer learns that the name is to be omitted from the |
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57 | 57 | | ballot under Section 145.035 or Section 162.0151; or |
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58 | 58 | | (2) for an office for which the candidate's |
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59 | 59 | | application is invalid under Section 141.033. |
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60 | 60 | | SECTION 4. Section 182.007(c), Election Code, is amended to |
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61 | 61 | | read as follows: |
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62 | 62 | | (c) The county chair may not certify a candidate's name: |
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63 | 63 | | (1) if, before delivering the certification, the |
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64 | 64 | | county chair learns that the name is to be omitted from the ballot |
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65 | 65 | | under Section 145.035 or Section 162.0151; or |
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66 | 66 | | (2) for an office for which the candidate's |
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67 | 67 | | application is invalid under Section 141.033. |
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68 | 68 | | SECTION 5. This Act takes effect September 1, 2025. |
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