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AN ACT
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relating to the declaration of a candidate's ineligibility on the |
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basis of failure to pay a filing fee or submit a petition in lieu of |
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a filing fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 145.003, Election Code, is amended by |
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amending Subsections (b) and (f) and adding Subsection (f-1) to |
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read as follows: |
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(b) Except as provided by Subsection (f-1), a [A] candidate |
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in the general election for state and county officers may be |
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declared ineligible before the 30th day preceding election day by: |
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(1) the party officer responsible for certifying the |
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candidate's name for placement on the general election ballot, in |
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the case of a candidate who is a political party's nominee; [or] |
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(2) the authority with whom the candidate's |
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application for a place on the ballot is required to be filed, in |
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the case of an independent candidate; or |
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(3) the secretary of state, if the candidate is |
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ineligible under Subsection (f)(3). |
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(f) A candidate may be declared ineligible only if: |
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(1) the information on the candidate's application for |
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a place on the ballot indicates that the candidate is ineligible for |
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the office; [or] |
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(2) facts indicating that the candidate is ineligible |
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are conclusively established by another public record; or |
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(3) the candidate fails to pay the filing fee or submit |
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a petition in lieu of a filing fee. |
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(f-1) A candidate may not be declared ineligible under |
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Subsection (f)(3) after the 74th day preceding election day. |
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SECTION 2. Section 145.036, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(b-1), if a candidate's name is to be omitted from the ballot under |
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Section 145.035, the political party's state, district, county, or |
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precinct executive committee, as appropriate for the particular |
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office, may nominate a replacement candidate to fill the vacancy in |
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the nomination. |
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(b-1) An executive committee may make a replacement |
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nomination following an administrative declaration of |
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ineligibility under Section 145.003(f)(3) only if the replacement |
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candidate pays the filing fee or submits a petition in lieu of a |
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filing fee. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 994 passed the Senate on |
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March 15, 2023, by the following vote: Yeas 22, Nays 8; and that |
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the Senate concurred in House amendment on May 21, 2023, by the |
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following vote: Yeas 23, Nays 8. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 994 passed the House, with |
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amendment, on May 17, 2023, by the following vote: Yeas 93, |
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Nays 51, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |