Texas 2025 - 89th Regular

Texas Senate Bill SB901 Compare Versions

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11 By: Kolkhorst S.B. No. 901
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2+ (In the Senate - Filed January 24, 2025; February 13, 2025,
3+ read first time and referred to Committee on State Affairs;
4+ March 31, 2025, reported adversely, with favorable Committee
5+ Substitute by the following vote: Yeas 10, Nays 0; March 31, 2025,
6+ sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR S.B. No. 901 By: Hall
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611 A BILL TO BE ENTITLED
712 AN ACT
813 relating to the declaration of a candidate's ineligibility on the
914 basis of filing an application for a place on the general primary
1015 election ballot or for nomination by convention with more than one
1116 political party.
1217 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1318 SECTION 1. Chapter 162, Election Code, is amended by adding
1419 Section 162.0151 to read as follows:
1520 Sec. 162.0151. CANDIDACY PROHIBITED. (a) A candidate who
1621 files an application for a place on the general primary election
1722 ballot or for nomination by convention with more than one political
1823 party in the same voting year shall be ineligible for:
1924 (1) a place on the ballot for a general primary
2025 election;
2126 (2) nomination by convention; and
2227 (3) the succeeding general election as:
2328 (A) an independent candidate in a partisan
2429 election;
2530 (B) the nominee of a political party; or
2631 (C) a write-in candidate in a partisan election.
2732 (b) A candidate's name shall be omitted from the general
2833 primary election ballot of each political party with which the
2934 candidate filed an application for a place on the ballot if, not
3035 later than the 10th day after the date of the regular filing
3136 deadline for the general primary election, the secretary of state
3237 determines that the candidate is ineligible under Subsection (a).
3338 (c) The secretary of state shall provide written notice to a
3439 candidate declared ineligible under this section. The notice
3540 required under this subsection shall inform the candidate:
3641 (1) of the candidate's ineligibility;
3742 (2) that the candidate may withdraw from the general
3843 primary election under Section 172.052; and
3944 (3) if the candidate refuses to withdraw, the
4045 candidate's name shall be omitted from the general primary election
4146 ballot.
4247 (d) The secretary of state shall prescribe any procedures
4348 necessary to implement this section.
4449 SECTION 2. Section 172.028(c), Election Code, is amended to
4550 read as follows:
4651 (c) A candidate's name may not be certified:
4752 (1) if, before delivering the certification, the state
4853 chair learns that the name is to be omitted from the ballot under
4954 Section 162.0151 or Section 172.057; or
5055 (2) for an office for which the candidate's
5156 application is invalid under Section 141.033.
5257 SECTION 3. Section 181.068(c), Election Code, is amended to
5358 read as follows:
5459 (c) A presiding officer may not certify a candidate's name:
5560 (1) if, before delivering the certification, the
5661 presiding officer learns that the name is to be omitted from the
5762 ballot under Section 145.035 or Section 162.0151; or
5863 (2) for an office for which the candidate's
5964 application is invalid under Section 141.033.
6065 SECTION 4. Section 182.007(c), Election Code, is amended to
6166 read as follows:
6267 (c) The county chair may not certify a candidate's name:
6368 (1) if, before delivering the certification, the
6469 county chair learns that the name is to be omitted from the ballot
6570 under Section 145.035 or Section 162.0151; or
6671 (2) for an office for which the candidate's
6772 application is invalid under Section 141.033.
6873 SECTION 5. This Act takes effect September 1, 2025.
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