73R10720 GGS-F
By Delco, et al. H.B. No. 1057
Substitute the following for H.B. No. 1057:
By Hirschi C.S.H.B. No. 1057
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to ballot access by third-party and independent
1-3 candidates.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 141.064, Election Code, is amended to
1-6 read as follows:
1-7 Sec. 141.064. Method of Acquiring Signature. (a) A person
1-8 circulating a petition must:
1-9 (1) before permitting a person to sign, point out and
1-10 read to the person each statement pertaining to the signer that
1-11 appears on the petition;
1-12 (2) witness each signature; and
1-13 (3) ascertain that each date of signing is correct<;
1-14 and>
1-15 <(4) before the petition is filed, verify each
1-16 signer's registration status and ascertain that each registration
1-17 number entered on the petition is correct>.
1-18 (b) If a petition relates to a municipal election, a person
1-19 circulating the petition must, before the petition is filed, verify
1-20 each signer's registration status and ascertain that each
1-21 registration number entered on the petition is correct.
1-22 SECTION 2. Section 142.006(a), Election Code, is amended to
1-23 read as follows:
1-24 (a) An application for a place on the ballot must be filed
2-1 not later than 5 p.m. on July 1 of the election year <of the 30th
2-2 day after runoff primary election day>, except as provided by
2-3 Section 202.007.
2-4 SECTION 3. Section 142.007, Election Code, is amended to
2-5 read as follows:
2-6 Sec. 142.007. Number of Petition Signatures Required. The
2-7 minimum number of signatures that must appear on a candidate's
2-8 petition is:
2-9 (1) for a statewide office, three <one> percent of the
2-10 total vote received by all candidates for governor in the most
2-11 recent gubernatorial general election; or
2-12 (2) for a district, county, or precinct office, the
2-13 lesser of:
2-14 (A) 500; or
2-15 (B) five percent of the total vote received in
2-16 the district, county, or precinct, as applicable, by all candidates
2-17 for governor in the most recent gubernatorial general election,
2-18 unless that number is under 25, in which case the required number
2-19 of signatures is the lesser of:
2-20 (i) 25; or
2-21 (ii) 10 percent of that total vote.
2-22 SECTION 4. Section 142.010(a), Election Code, is amended to
2-23 read as follows:
2-24 (a) Except as provided by Subsection (c), the authority with
2-25 whom applications for a place on the ballot are required to be
2-26 filed shall certify in writing for placement on the general
2-27 election ballot the name of each candidate who files with the
3-1 authority <a declaration of intent that complies with Section
3-2 142.002(b), if required, and> an application that complies with
3-3 Section 142.004(b).
3-4 SECTION 5. Sections 172.026 and 172.027, Election Code, are
3-5 amended to read as follows:
3-6 Sec. 172.026. Restriction on Petition Signer. On signing a
3-7 petition to be filed under Section 172.021, the signer becomes
3-8 ineligible to vote in a primary election <or participate in a
3-9 convention> of another political party or sign any petition to be
3-10 filed under Section 172.021 of another political party during the
3-11 voting year in which the primary election is held.
3-12 Sec. 172.027. Statement on Petition. The following
3-13 statement must appear at the top of each page of a petition to be
3-14 filed under Section 172.021: "I know that the purpose of this
3-15 petition is to entitle (insert candidate's name) to have that
3-16 candidate's <his> name placed on the ballot for the office of
3-17 (insert office title, including any place number or other
3-18 distinguishing number) for the (insert political party's name)
3-19 primary election. I understand that by signing this petition I
3-20 become ineligible to vote in a primary election or sign any
3-21 petition to be filed by a candidate applying to have the
3-22 candidate's name placed on the ballot in the primary election of
3-23 another political party <or participate in a convention of another
3-24 party, including a party not holding a primary election,> during
3-25 the voting year in which this primary election is held."
3-26 SECTION 6. Section 181.005(a), Election Code, is amended to
3-27 read as follows:
4-1 (a) To be entitled to have the names of its nominees placed
4-2 on the general election ballot, a political party required to make
4-3 nominations by convention must file with the secretary of state,
4-4 not later than July 1 of the election year <the 75th day after the
4-5 date of the precinct conventions held under this chapter>, lists of
4-6 precinct convention participants indicating that the number of
4-7 participants equals at least three <one> percent of the total
4-8 number of votes received by all candidates for governor in the most
4-9 recent gubernatorial general election. The lists must include each
4-10 participant's residence address <and voter registration number>.
4-11 SECTION 7. Section 181.006, Election Code, is amended to
4-12 read as follows:
4-13 Sec. 181.006. Petition Supplementing Precinct Convention
4-14 Lists. (a) If the number of precinct convention participants
4-15 indicated on the lists filed under Section 181.005 is fewer than
4-16 the number required for the political party to qualify to have the
4-17 names of its nominees placed on the ballot, the party may qualify
4-18 by filing a petition as provided by this section.
4-19 (b) A petition must:
4-20 (1) satisfy the requirements prescribed by Section
4-21 141.062 for a candidate's petition;
4-22 (2) contain signatures in a number that, when added to
4-23 the number of convention participants indicated on the lists,
4-24 equals at least three <one> percent of the total number of votes
4-25 received by all candidates for governor in the most recent
4-26 gubernatorial general election; and
4-27 (3) be filed with the secretary of state by the state
5-1 chairman before the deadline for filing the lists of precinct
5-2 convention participants.
5-3 (c) Except as provided by this section, the petition is
5-4 subject to the applicable provisions of Subchapter C, Chapter 141.
5-5 (d) A signer's voter registration is not required to be in
5-6 any particular territory.
5-7 (e) A copy of a request for the withdrawal of a signature
5-8 must be delivered to the state chairman at the time the withdrawal
5-9 request is filed.
5-10 (f) The following statement must appear at the top of each
5-11 page of the petition: "I know that the purpose of this petition is
5-12 to entitle the _______ Party to have its nominees placed on the
5-13 ballot in the general election for state and county officers. I
5-14 have not voted in a primary election <or participated in a
5-15 convention> of another party during this voting year, and I
5-16 understand that I become ineligible to do so by signing this
5-17 petition. <I understand that signing more than one petition to
5-18 entitle a party to have its nominees placed on the general election
5-19 ballot in the same election is prohibited.>"
5-20 (g) A person who has voted in a primary election <or
5-21 participated in a convention> of another party during the voting
5-22 year in which the petition is circulated is ineligible to sign the
5-23 petition, and the signature of such a person is invalid.
5-24 (h) <A signature is invalid if the person signed the
5-25 petition subsequent to his signing a petition to qualify another
5-26 political party to have the names of its nominees placed on the
5-27 ballot for the same election, whether the other party is
6-1 circulating the petition under this chapter or under Chapter 182.>
6-2 <(i) On signing the petition, the person becomes ineligible
6-3 to affiliate with another party during the voting year in which the
6-4 petition is signed.>
6-5 <(j)> The petition may not be circulated before July 1 of
6-6 the year preceding the election year <until after the date of the
6-7 party's precinct conventions held under this chapter>. A signature
6-8 obtained <on or> before that date is invalid.
6-9 (i) <(k)> The secretary of state shall post a notice of the
6-10 receipt of a petition on the bulletin board used for posting notice
6-11 of meetings of state governmental bodies. Any person may challenge
6-12 the validity of the petition by filing a written statement of the
6-13 challenge with the secretary of state not later than the fifth day
6-14 after the date notice is posted. If a petition that complies with
6-15 the other applicable requirements appears on its face to contain a
6-16 sufficient number of valid signatures, the secretary of state may
6-17 not verify the signatures unless the petition is timely challenged.
6-18 SECTION 8. Section 181.033(a), Election Code, is amended to
6-19 read as follows:
6-20 (a) Except as provided by Subsection (b), an application for
6-21 nomination by a convention must be filed not later than the date
6-22 the party convention makes a nomination for that office <5 p.m. on
6-23 January 2 preceding the convention>.
6-24 SECTION 9. Section 181.061, Election Code, is amended to
6-25 read as follows:
6-26 Sec. 181.061. Conventions at Which Nominations Made. (a) A
6-27 political party nominating by convention must make its nominations
7-1 for statewide offices at a state convention held not later than
7-2 July 1 <on the second Saturday in June> of the election year. The
7-3 state convention consists of delegates selected at the county
7-4 conventions held under Subsection (c).
7-5 (b) A party nominating by convention must make its
7-6 nominations for offices of districts situated in more than one
7-7 county at district conventions held not later than July 1 of the
7-8 election year <on the second Saturday after the second Tuesday in
7-9 March>. A district convention consists of delegates selected at
7-10 the county conventions held under Subsection (c).
7-11 (c) A party nominating by convention must make its
7-12 nominations for county and precinct offices and for offices of
7-13 districts not situated in more than one county at county
7-14 conventions held not later than August 1 of the election year <on
7-15 the first Saturday after the second Tuesday in March>. A county
7-16 convention consists of delegates selected at precinct conventions
7-17 held not later than August 1 of the election year <on the second
7-18 Tuesday in March in the regular county election precincts>.
7-19 (d) A party by rule may:
7-20 (1) allow its district, county, or precinct
7-21 conventions to be held as caucuses at its state convention; or
7-22 (2) limit the delegates making nominations to those
7-23 from the territory from which the office sought is elected.
7-24 SECTION 10. Section 182.003, Election Code, is amended to
7-25 read as follows:
7-26 Sec. 182.003. Qualifying for Placement on Ballot. To be
7-27 entitled to have the names of its nominees placed on the general
8-1 election ballot, a political party making nominations under this
8-2 chapter must file with the county clerk, not later than August 1 of
8-3 the election year <the 75th day after the date of the precinct
8-4 conventions held under this chapter>, lists of precinct convention
8-5 participants indicating that the number of participants equals at
8-6 least three percent of the total number of votes received in the
8-7 county by all candidates for governor in the most recent
8-8 gubernatorial general election.
8-9 SECTION 11. Section 182.005, Election Code, is amended to
8-10 read as follows:
8-11 Sec. 182.005. Nominations Made by County Convention. A
8-12 political party must make its nominations under this chapter at a
8-13 county convention held not later than August 1 <on the first
8-14 Saturday after the second Tuesday in March> of the election year.
8-15 The convention consists of delegates selected at precinct
8-16 conventions held not later than August 1 of the election year <on
8-17 the second Tuesday in March in the regular county election
8-18 precincts>. A party by rule may allow its precinct conventions to
8-19 be held as caucuses at its county convention.
8-20 SECTION 12. Section 192.032, Election Code, is amended to
8-21 read as follows:
8-22 Sec. 192.032. Independent Candidate's Entitlement to Place
8-23 on Ballot. (a) To be entitled to a place on the general election
8-24 ballot, an independent candidate for president of the United States
8-25 must make an application for a place on the ballot.
8-26 (b) An application must:
8-27 (1) comply with Section 141.031, except that:
9-1 (A) the application is not required to include a
9-2 candidate's occupation, length of residence, or statement that the
9-3 candidate is aware of the nepotism law; and
9-4 (B) the application must contain the applicable
9-5 information required by Section 141.031(4) with respect to both the
9-6 presidential candidate and the running mate;
9-7 (2) state the names and residence addresses of
9-8 presidential elector candidates in a number equal to the number of
9-9 presidential electors that federal law allocates to the state; and
9-10 (3) be accompanied by:
9-11 (A) a petition that satisfies the requirements
9-12 prescribed by Section 141.062; and
9-13 (B) written statements signed by the
9-14 vice-presidential candidate and each of the presidential elector
9-15 candidates indicating that each of them consents to be a candidate.
9-16 (c) The application must be filed with the secretary of
9-17 state not later than August 1 <the second Monday in May> of the
9-18 presidential election year.
9-19 (d) The minimum number of signatures that must appear on the
9-20 petition is 10,000 <one percent of the total vote received in the
9-21 state by all candidates for president in the most recent
9-22 presidential general election>.
9-23 (e) A petition signer's voter registration is not required
9-24 to be in any particular territory.
9-25 (f) <The following statement must appear at the top of each
9-26 page of the petition: "I did not vote this year in a presidential
9-27 primary election.">
10-1 <(g) A signature on the petition is invalid if the signer:>
10-2 <(1) signs the petition on or before the date of the
10-3 presidential primary election in the presidential election year; or>
10-4 <(2) voted in a presidential primary election during
10-5 the presidential election year.>
10-6 <(h)> A candidate in a presidential primary election is
10-7 ineligible to be an independent candidate for president or
10-8 vice-president of the United States in the succeeding general
10-9 election.
10-10 SECTION 13. Sections 141.066, 142.002, 142.003, 142.008, and
10-11 181.063, Election Code, are repealed.
10-12 SECTION 14. This Act takes effect September 1, 1993.
10-13 SECTION 15. The importance of this legislation and the
10-14 crowded condition of the calendars in both houses create an
10-15 emergency and an imperative public necessity that the
10-16 constitutional rule requiring bills to be read on three several
10-17 days in each house be suspended, and this rule is hereby suspended.