By Keffer H.B. No. 2712
75R6724 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, 1997.
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.