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.