By:  Delco                                            H.B. No. 1057
       73R2701 DRH-D
                                 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 141.063, Election Code, is amended to
    1-6  read as follows:
    1-7        Sec. 141.063.  Validity of Signature.  A signature on a
    1-8  petition is valid if:
    1-9              (1)  except as otherwise provided by this code, the
   1-10  signer, at the time of signing, is a registered voter of the
   1-11  territory from which the office sought is elected or has been
   1-12  issued a registration certificate for a registration that will
   1-13  become effective in that territory on or before the date of the
   1-14  applicable election;
   1-15              (2)  the petition includes the following information
   1-16  with respect to each signer:
   1-17                    (A)  the signer's residence address;
   1-18                    (B)  the county of registration <the signer's
   1-19  voter registration number and>, if the territory from which
   1-20  signatures must be obtained is situated in more than one county<,
   1-21  the county of registration>;
   1-22                    (C)  the date of signing; and
   1-23                    (D)  the signer's printed name;
   1-24              (3)  the part of the petition in which the signature
    2-1  appears contains the affidavit required by Section 141.065;
    2-2              (4)  each statement that is required by this code to
    2-3  appear on each page of the petition appears, at the time of
    2-4  signing, on the page on which the signature is entered; and
    2-5              (5)  any other applicable requirements prescribed by
    2-6  this code for a signature's validity are complied with.
    2-7        SECTION 2.  Section 141.064, Election Code, is amended to
    2-8  read as follows:
    2-9        Sec. 141.064.  Method of Acquiring Signature.  A person
   2-10  circulating a petition must:
   2-11              (1)  before permitting a person to sign, point out and
   2-12  read to the person each statement pertaining to the signer that
   2-13  appears on the petition;
   2-14              (2)  witness each signature; and
   2-15              (3)  ascertain that each date of signing is correct<;
   2-16  and>
   2-17              <(4)  before the petition is filed, verify each
   2-18  signer's registration status and ascertain that each registration
   2-19  number entered on the petition is correct>.
   2-20        SECTION 3.  Section 142.006(a), Election Code, is amended to
   2-21  read as follows:
   2-22        (a)  An application for a place on the ballot must be filed
   2-23  not later than 5 p.m. on August 1 of the election year <of the 30th
   2-24  day after runoff primary election day>, except as provided by
   2-25  Section 202.007.
   2-26        SECTION 4.  Section 142.007, Election Code, is amended to
   2-27  read as follows:
    3-1        Sec. 142.007.  Number of Petition Signatures Required.  The
    3-2  minimum number of signatures that must appear on a candidate's
    3-3  petition is:
    3-4              (1)  for a statewide office, 10,000 <one percent of the
    3-5  total vote received by all candidates for governor in the most
    3-6  recent gubernatorial general election>; or
    3-7              (2)  for a district, county, or precinct office, the
    3-8  lesser of:
    3-9                    (A)  500; or
   3-10                    (B)  five percent of the total vote received in
   3-11  the district, county, or precinct, as applicable, by all candidates
   3-12  for governor in the most recent gubernatorial general election,
   3-13  unless that number is under 25, in which case the required number
   3-14  of signatures is the lesser of:
   3-15                          (i)  25; or
   3-16                          (ii)  10 percent of that total vote.
   3-17        SECTION 5.  Section 142.009, Election Code, is amended to
   3-18  read as follows:
   3-19        Sec. 142.009.  Petition to be Circulated After Primary.  A
   3-20  signature on a candidate's petition is invalid if the signer<:>
   3-21              <(1)>  signed the petition before August 1 of the year
   3-22  preceding the election year <on or before general primary election
   3-23  day or, if a runoff primary is held for the office sought by the
   3-24  candidate, on or before runoff primary election day; or>
   3-25              <(2)  voted in the general or runoff primary election
   3-26  of a political party that made a nomination, at either primary, for
   3-27  the office sought by the candidate>.
    4-1        SECTION 6.  Section 142.010(a), Election Code, is amended to
    4-2  read as follows:
    4-3        (a)  Except as provided by Subsection (c), the authority with
    4-4  whom applications for a place on the ballot are required to be
    4-5  filed shall certify in writing for placement on the general
    4-6  election ballot the name of each candidate who files with the
    4-7  authority <a declaration of intent that complies with Section
    4-8  142.002(b), if required, and> an application that complies with
    4-9  Section 142.004(b).
   4-10        SECTION 7.  Section 181.005(a), Election Code, is amended to
   4-11  read as follows:
   4-12        (a)  To be entitled to have the names of its nominees placed
   4-13  on the general election ballot, a political party required to make
   4-14  nominations by convention must file with the secretary of state,
   4-15  not later than August 1 of the election year <the 75th day after
   4-16  the date of the precinct conventions held under this chapter>,
   4-17  lists of precinct convention participants indicating that the
   4-18  number of participants equals at least 10,000 <one percent of the
   4-19  total number of votes received by all candidates for governor in
   4-20  the most recent gubernatorial general election>.  The lists must
   4-21  include each participant's residence address <and voter
   4-22  registration number>.
   4-23        SECTION 8.  Section 181.006, Election Code, is amended to
   4-24  read as follows:
   4-25        Sec. 181.006.  Petition Supplementing Precinct Convention
   4-26  Lists.  (a)  If the number of precinct convention participants
   4-27  indicated on the lists filed under Section 181.005 is fewer than
    5-1  the number required for the political party to qualify to have the
    5-2  names of its nominees placed on the ballot, the party may qualify
    5-3  by filing a petition as provided by this section.
    5-4        (b)  A petition must:
    5-5              (1)  satisfy the requirements prescribed by Section
    5-6  141.062 for a candidate's petition;
    5-7              (2)  contain signatures in a number that, when added to
    5-8  the number of convention participants indicated on the lists,
    5-9  equals at least 10,000 <one percent of the total number of votes
   5-10  received by all candidates for governor in the most recent
   5-11  gubernatorial general election>; and
   5-12              (3)  be filed with the secretary of state by the state
   5-13  chairman before the deadline for filing the lists of precinct
   5-14  convention participants.
   5-15        (c)  Except as provided by this section, the petition is
   5-16  subject to the applicable provisions of Subchapter C, Chapter 141.
   5-17        (d)  A signer's voter registration is not required to be in
   5-18  any particular territory.
   5-19        (e)  A copy of a request for the withdrawal of a signature
   5-20  must be delivered to the state chairman at the time the withdrawal
   5-21  request is filed.
   5-22        (f)  The following statement must appear at the top of each
   5-23  page of the petition:  "I know that the purpose of this petition is
   5-24  to entitle the _______ Party to have its nominees placed on the
   5-25  ballot in the general election for state and county officers.  <I
   5-26  have not voted in a primary election or participated in a
   5-27  convention of another party during this voting year, and I
    6-1  understand that I become ineligible to do so by signing this
    6-2  petition.  I understand that signing more than one petition to
    6-3  entitle a party to have its nominees placed on the general election
    6-4  ballot in the same election is prohibited.>"
    6-5        (g)  <A person who has voted in a primary election or
    6-6  participated in a convention of another party during the voting
    6-7  year in which the petition is circulated is ineligible to sign the
    6-8  petition, and the signature of such a person is invalid.>
    6-9        <(h)  A signature is invalid if the person signed the
   6-10  petition subsequent to his signing a petition to qualify another
   6-11  political party to have the names of its nominees placed on the
   6-12  ballot for the same election, whether the other party is
   6-13  circulating the petition under this chapter or under Chapter 182.>
   6-14        <(i)  On signing the petition, the person becomes ineligible
   6-15  to affiliate with another party during the voting year in which the
   6-16  petition is signed.>
   6-17        <(j)>  The petition may not be circulated before August 1 of
   6-18  the year preceding the election year <until after the date of the
   6-19  party's precinct conventions held under this chapter>.  A signature
   6-20  obtained <on or> before that date is invalid.
   6-21        (h) <(k)>  The secretary of state shall post a notice of the
   6-22  receipt of a petition on the bulletin board used for posting notice
   6-23  of meetings of state governmental bodies.  Any person may challenge
   6-24  the validity of the petition by filing a written statement of the
   6-25  challenge with the secretary of state not later than the fifth day
   6-26  after the date notice is posted.  If a petition that complies with
   6-27  the other applicable requirements appears on its face to contain a
    7-1  sufficient number of valid signatures, the secretary of state may
    7-2  not verify the signatures unless the petition is timely challenged.
    7-3        SECTION 9.  Section 181.033(a), Election Code, is amended to
    7-4  read as follows:
    7-5        (a)  Except as provided by Subsection (b), an application for
    7-6  nomination by a convention must be filed not later than the date
    7-7  the party convention makes a nomination for that office <5 p.m. on
    7-8  January 2 preceding the convention>.
    7-9        SECTION 10.  Section 181.061, Election Code, is amended to
   7-10  read as follows:
   7-11        Sec. 181.061.  Conventions at Which Nominations Made.  (a)  A
   7-12  political party nominating by convention must make its nominations
   7-13  for statewide offices at a state convention held not later than
   7-14  August 1 <on the second Saturday in June> of the election year.
   7-15  The state convention consists of delegates selected at the county
   7-16  conventions held under Subsection (c).
   7-17        (b)  A party nominating by convention must make its
   7-18  nominations for offices of districts situated in more than one
   7-19  county at district conventions held not later than August 1 of the
   7-20  election year <on the second Saturday after the second Tuesday in
   7-21  March>.  A district convention consists of delegates selected at
   7-22  the county conventions held under Subsection (c).
   7-23        (c)  A party nominating by convention must make its
   7-24  nominations for county and precinct offices and for offices of
   7-25  districts not situated in more than one county at county
   7-26  conventions held not later than August 1 of the election year <on
   7-27  the first Saturday after the second Tuesday in March>.  A county
    8-1  convention consists of delegates selected at precinct conventions
    8-2  held not later than August 1 of the election year <on the second
    8-3  Tuesday in March in the regular county election precincts>.
    8-4        (d)  A party by rule may:
    8-5              (1)  allow its district, county, or precinct
    8-6  conventions to be held as caucuses at its state convention; or
    8-7              (2)  limit the delegates making nominations to those
    8-8  from the territory from which the office sought is elected.
    8-9        SECTION 11.  Section 182.003, Election Code, is amended to
   8-10  read as follows:
   8-11        Sec. 182.003.  Qualifying for Placement on Ballot.  To be
   8-12  entitled to have the names of its nominees placed on the general
   8-13  election ballot, a political party making nominations under this
   8-14  chapter must file with the county clerk, not later than August 1 of
   8-15  the election year <the 75th day after the date of the precinct
   8-16  conventions held under this chapter>, lists of precinct convention
   8-17  participants indicating that the number of participants equals at
   8-18  least three percent of the total number of votes received in the
   8-19  county by all candidates for governor in the most recent
   8-20  gubernatorial general election.
   8-21        SECTION 12.  Section 182.005, Election Code, is amended to
   8-22  read as follows:
   8-23        Sec. 182.005.  Nominations Made by County Convention.  A
   8-24  political party must make its nominations under this chapter at a
   8-25  county convention held not later than August 1 <on the first
   8-26  Saturday after the second Tuesday in March> of the election year.
   8-27  The convention consists of delegates selected at precinct
    9-1  conventions held not later than August 1 of the election year <on
    9-2  the second Tuesday in March in the regular county election
    9-3  precincts>.  A party by rule may allow its precinct conventions to
    9-4  be held as caucuses at its county convention.
    9-5        SECTION 13.  Section 192.032, Election Code, is amended to
    9-6  read as follows:
    9-7        Sec. 192.032.  Independent Candidate's Entitlement to Place
    9-8  on Ballot.  (a)  To be entitled to a place on the general election
    9-9  ballot, an independent candidate for president of the United States
   9-10  must make an application for a place on the ballot.
   9-11        (b)  An application must:
   9-12              (1)  comply with Section 141.031, except that:
   9-13                    (A)  the application is not required to include a
   9-14  candidate's occupation, length of residence, or statement that the
   9-15  candidate is aware of the nepotism law; and
   9-16                    (B)  the application must contain the applicable
   9-17  information required by Section 141.031(4) with respect to both the
   9-18  presidential candidate and the running mate;
   9-19              (2)  state the names and residence addresses of
   9-20  presidential elector candidates in a number equal to the number of
   9-21  presidential electors that federal law allocates to the state; and
   9-22              (3)  be accompanied by:
   9-23                    (A)  a petition that satisfies the requirements
   9-24  prescribed by Section 141.062; and
   9-25                    (B)  written statements signed by the
   9-26  vice-presidential candidate and each of the presidential elector
   9-27  candidates indicating that each of them consents to be a candidate.
   10-1        (c)  The application must be filed with the secretary of
   10-2  state not later than August 1 <the second Monday in May> of the
   10-3  presidential election year.
   10-4        (d)  The minimum number of signatures that must appear on the
   10-5  petition is 10,000 <one percent of the total vote received in the
   10-6  state by all candidates for president in the most recent
   10-7  presidential general election>.
   10-8        (e)  A petition signer's voter registration is not required
   10-9  to be in any particular territory.
  10-10        (f)  <The following statement must appear at the top of each
  10-11  page of the petition:  "I did not vote this year in a presidential
  10-12  primary election.">
  10-13        <(g)  A signature on the petition is invalid if the signer:>
  10-14              <(1)  signs the petition on or before the date of the
  10-15  presidential primary election in the presidential election year; or>
  10-16              <(2)  voted in a presidential primary election during
  10-17  the presidential  election year.>
  10-18        <(h)>  A candidate in a presidential primary election is
  10-19  ineligible to be an independent candidate for president or
  10-20  vice-president of the United States in the succeeding general
  10-21  election.
  10-22        SECTION 14.  Sections 141.066, 142.002, 142.003, 142.008,
  10-23  172.026, 172.027, and 181.063, Election Code, are repealed.
  10-24        SECTION 15.  This Act takes effect September 1, 1993.
  10-25        SECTION 16.  The importance of this legislation and the
  10-26  crowded condition of the calendars in both houses create an
  10-27  emergency and an imperative public necessity that the
   11-1  constitutional rule requiring bills to be read on three several
   11-2  days in each house be suspended, and this rule is hereby suspended.