MAD C.S.H.B. 2712 75(R) BILL ANALYSIS ELECTIONS C.S.H.B. 2712 By: Keffer 4-22-97 Committee Report (Substituted) BACKGROUND Texas currently has one of the most restrictive ballots in the United States. Free access to the ballot is one of the most fundamental tenets of the democratic form of government. Freedom of association guaranteed by the First and Fourteenth Amendments includes the right to select a candidate who best represents the ideology of his or her constituents. The inability of third party and independent candidates to access the ballot prevents groups outside the traditional two party system from having the access to the political process guaranteed by the United States Constitution. PURPOSE House Bill 2712 would ease restrictions for third party and independent candidates to get on the Texas ballot. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1 Amends Section 141.064(4), Election Code, by deleting requirement that each signer's registration number be verified before a petition is filed. SECTION 2 Amends Section 142.006(a), Election Code, by changing requirement that an application for a place on the ballot must be filed from not later than 5 p.m. of the 30th day after runoff primary election day to not later than 5 p.m. on July 1 of the election year. SECTION 3 Amends Section 142.007(1), Election Code, by changing the requirement for the minimum number of signatures that must appear on a candidate's petition from one percent to one-half of one percent of the total vote received by all candidates for governor in the most recent gubernatorial general election. SECTION 4 Amends Section 142.009, Election Code, by renaming the section "TIME FOR CIRCULATION OF PETITION," and changes (1) by striking language declaring a signer's signature on a candidate's petition invalid if the signer signed the petition on or before general primary election day or, if a runoff primary is held for the office sought by the candidate, on or before runoff primary election day, and adding language stipulating in (1) that a signature on a candidate's petition is invalid if the signer signed the petition before January 1 or after July 1 of the election year. SECTION 5 Amends Section 172.026, Election Code, by renaming the section "INVALID SIGNATURE," and deleting language declaring that upon signing a petition to be filed under Section 172.021, the signer becomes ineligible to vote in a primary election or participate in a convention of another political party during the voting year in which the primary election is held. Adds that a signature on a petition to be filed under Section 172.021 is invalid if the signer previously signed a petition: (1) filed under Section 172.021 for another political party's primary election; or (2) to be filed under Chapter 181 or 182 to qualify another political party to have the names of its nominees placed on the ballot for the general election for state and county officers. SECTION 6 Amends Section 172.027, Election Code, by deleting language at top of each page of petition to be filed under Section 172.021 which informs signers of petition that they are ineligible to vote in a primary election or participate in a convention of another party during the voting year in which this primary election is held. Adds language that informs signers of petition that signing a petition to entitle a candidate of another political party to have the candidate's name placed on the primary election ballot or to entitle a political party to have its nominees placed on the general election ballot is prohibited and that any signature on subsequent petitions are invalid. SECTION 7 Amends Section 181.005(a), Election Code, by providing that in order to have its nominees placed on the general ballot, a political party with state organization is required to make nominations by convention and must file with the secretary of state not later than July 1 of the election year, the lists of precinct convention participants indicating that the number of participants equals at least one-half of one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial general election. The lists must include each participant's residence address and voter registration number. SECTION 8 Amends Section 181.006, Election Code, by changing subsection (b), part (2), to provide that a petition must contain signatures in a number that, when added to the number of participants indicated on the lists, equals at least one-half of one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial general election. Also changed is subsection (f), by striking language that provides that if a person signs a petition for a party to have its nominees placed on the ballot in the general election for state and county officers, that they become ineligible to vote in a primary and to participate in a convention in another party. Subsection (f) is also amended by adding language that provides that if by signing more than one petition, to entitle a party to have its nominees placed on the general election ballot in the same election, is prohibited and by signing any subsequent petition the signature then becomes invalid and if after signing a petition the signee votes in the primary or participates in the convention of another political party the signature also becomes invalid on this petition. Subsection (i), all language is stricken, relating to upon signing a petition a person becomes ineligible to to affiliate with another party during the voting year in which the petition is signed. Conforming changes made to subsection (j), with its language becoming subsection (i). Amended to read as "The petition may not be circulated before January 1 of the election year. A signature obtained before that date is invalid." Conforming changes made to subsection (k) to become subsection (j). SECTION 9 Amends Section 181.003(a), Election Code, by requiring that an application for nomination by a convention be filed not later than the filing deadline of parties nominating candidates by primary election. SECTION 10 Amends Section 181.061, Election Code, by providing that (a) a political party nominating by convention must make its nominations for statewide offices at a state convention held not later than July 15 of the election year. Conforming changes made in subsections (b) and (c) to comply with the July 15 deadline as set fourth in subsection (a). SECTION 11 Amends Section 182.003, Election Code, by providing that in order to have the names of its nominees placed on the general election ballot, a political party without state organization must file lists of precinct convention participants not later than July 15 of the election year. SECTION 12 Amends Section 182.004(f), Election Code, by providing that Sections 181.006(f)-(i) apply to a petition circulated under this section. SECTION 13 Amends Section 182.005, Election Code, to read that a political party must make its nominations under this chapter at a county convention held not later than July 15 of the election year (changed from the 1st Saturday after the second Thursday in March). The convention consists of delegates selected at precinct conventions held not later than July 15 of the election year (changed from the second Tuesday in March in the regular county election precincts). Provides that a party by rule may allow its precinct conventions to be held as caucuses at its county convention. SECTION 14 Amends section 192.032, Election Code, (c) by changing the date that the application must be filed with the secretary of state to not later than July 1 (changed from the second Monday in May). Subsection (d) is amended to change the minimum number of signatures that must appear on the petition from one percent to one-half of one percent of the total vote received in the state by all candidates for president in the most recent presidential general election. The following statement is added to subsection (f) "I understand that if this year I vote in the primary of another party my signature becomes invalid on this petition." SECTION 15 Repeals section 181.063, Election Code, dealing with the hour and place of precinct and county conventions held under this chapter being set as provided by Section 174.022(b) for setting the hours and places of precinct conventions of a party holding a primary election. SECTION 16 Effective date of September 1, 1999. SECTION 17 Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE 1) Substitute deletes changes made to Section 141.063, Election Code, which required the signer of a petition to include the county of registration instead of the signer's voter registration number in the information that must be included for a signature on a petition to be valid. 2) In the substitute, Section 141.064 (4), relating to verifying a petition signer's registration status, is no longer stricken. 3) In the substitute, Section 142.006(a), the filing deadline is changed to July 1 of the election year from August 1 of the election year in original. 4) In the substitute, Section 142.007, the minumum number of signatures that must appear on a candidate's petition for a statewide office, is changed to one-half of one percent of the total vote received by all candidates for governor in the most recent gubernatorial general election from 10,000 signatures in original. 5) In the substitute, Section 142.009, date changes when a person cannot sign more than one petition (August 1 of the year preceding the election year is changed to before January 1 or after July 1 of the election year). Changes section title to "TIME FOR CIRCULATION OF PETITION." No longer strikes (2): A signature on a candidate's petition is invalid if the signer voted in the general or runoff primary election of a political party that made a nomination, at either primary, for the office sought by the candidate. 6) Substitute does not include changes to section 142.010(a), relating to the authority with whom applications for a place on the ballot are required to be filed shall certify in writing for placement on the general election ballot the name of each candidate who files with the authority. 7) In the substitute, Section 181.005(a), the filing deadline for when a political party is required to make nominations by convention is changed to not later than July 1 of the election year (from August 1 of the election year). Also changes number of convention participants to at least onehalf of one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial election (from at least 10,000 signatures in original). 8) Substitute no longer strikes subsections (g) and (h) of section 181.006, relating to the ineligibility of a signature of a person on a petition when said person has voted or participated in a election or convention of another party and the invalidity of a person's signature on a petition if the person had subsequently signed a petition for another party to qualify to have the names of its nominees placed on the ballot of the same election. Also changes the number signatures needed on a petition supplementing the precinct convention lists from 10,000 in original to one-half of one percent of the total number of votes received by all candidates for governor in the most recent gubernatorial election. 9) In substitute, Section 181.061, the deadline by which a political party nominating by convention must make its nominations for statewide offices at a state convention, for district offices, and precinct offices at county conventions held not later than July 15 (changed from August 1 in original). 10) In substitute, Section 182.003, the deadline for a political party to have its nominees placed on the general election ballot is changed to not later than July 15 of the election year (from August 1 of the election year). 11) In substitute, Section 182.004(f) conforming changes are made. 12) No longer strikes section 192.032 subsection (3), part (f) and (g), subsections (1) and (2), relating to a statement that must appear at the top of petition, that reads: "I understand that if this year I vote in the primary of another party my signature becomes invalid on this petition", and stating in subsection (g), parts (1) and (2), that a signature on a petition is invalid if the signer signs the petition on or before the date of the presidential primary election in the presidential primary election year, or voted in the presidential primary election during the presidential year. Also, in substitute, Section 192.032, Election Code, (3)(c) provides that applications for place on the ballot for independent and third party candidates is moved from August 1 of the election year in original to July 1 of the election year in the substitute. Additionaly, in substitute, Section 192.032, Election Code, (3)(d) provides that a minimum number of signatures required on petitions for independent and third party candidates is changed from 10,000 signatures to one-half of one percent of total votes received by all candidates in most recent election. In substitute, Section 192.032, Election Code, requires independent candidates to file application with the secretary of state not later than July 1 (changed from August 1 in original). 13) In substitute, Section 181.063 is repealed. In original, Sections 141.066, 142.002, 142.003, 142.008, 172.026, and 172.027 were also repealed.