89R706 PRL-D
By: Bucy H.B. No. 3786
A BILL TO BE ENTITLED
AN ACT
relating to the declaration of a candidate's ineligibility on the
basis of filing an application for a place on the general primary
election ballot or for nomination by convention with more than one
political party.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 162, Election Code, is amended by adding
Section 162.0151 to read as follows:
Sec. 162.0151. CANDIDACY PROHIBITED. (a) A candidate who
files an application for a place on the general primary election
ballot or for nomination by convention with more than one political
party in the same voting year shall be ineligible for:
(1) a place on the ballot for a general primary
election;
(2) nomination by convention; and
(3) the succeeding general election as:
(A) an independent candidate;
(B) the nominee of a political party; or
(C) a write-in candidate.
(b) A candidate's name shall be omitted from the general
primary election ballot of each political party with which the
candidate filed an application for a place on the ballot if, not
later than the 10th day after the date of the regular filing
deadline for the general primary election, the secretary of state
determines that the candidate is ineligible under Subsection (a).
(c) The secretary of state shall provide written notice to a
candidate declared ineligible under this section. The notice
required under this subsection shall inform the candidate:
(1) of the candidate's ineligibility;
(2) that the candidate may withdraw from the general
primary election under Section 172.052; and
(3) if the candidate refuses to withdraw, the
candidate's name shall be omitted from the general primary election
ballot.
(d) The secretary of state shall prescribe any procedures
necessary to implement this section.
SECTION 2. Section 172.028(c), Election Code, is amended to
read as follows:
(c) A candidate's name may not be certified:
(1) if, before delivering the certification, the state
chair learns that the name is to be omitted from the ballot under
Section 162.0151 or Section 172.057; or
(2) for an office for which the candidate's
application is invalid under Section 141.033.
SECTION 3. Section 181.068(c), Election Code, is amended to
read as follows:
(c) A presiding officer may not certify a candidate's name:
(1) if, before delivering the certification, the
presiding officer learns that the name is to be omitted from the
ballot under Section 145.035 or Section 162.0151; or
(2) for an office for which the candidate's
application is invalid under Section 141.033.
SECTION 4. Section 182.007(c), Election Code, is amended to
read as follows:
(c) The county chair may not certify a candidate's name:
(1) if, before delivering the certification, the
county chair learns that the name is to be omitted from the ballot
under Section 145.035 or Section 162.0151; or
(2) for an office for which the candidate's
application is invalid under Section 141.033.
SECTION 5. This Act takes effect September 1, 2025.