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.