76R12163 DRH-D
By Keffer, Greenberg, Maxey, Madden, Burnam H.B. No. 386
Substitute the following for H.B. No. 386:
By Madden C.S.H.B. No. 386
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to ballot access by certain candidates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 141.064, Election Code, is amended to
1-5 read as follows:
1-6 Sec. 141.064. Method of Acquiring Signature. A person
1-7 circulating a petition must:
1-8 (1) before permitting a person to sign, point out and
1-9 read to the person each statement pertaining to the signer that
1-10 appears on the petition;
1-11 (2) witness each signature;
1-12 (3) ascertain that each date of signing is correct;
1-13 and
1-14 (4) before the petition is filed, verify each signer's
1-15 registration status [and ascertain that each registration number
1-16 entered on the petition is correct].
1-17 SECTION 2. Section 142.006(a), Election Code, is amended to
1-18 read as follows:
1-19 (a) An application for a place on the ballot must be filed
1-20 not later than 5 p.m. on July 1 of the election year [of the 30th
1-21 day after runoff primary election day], except as provided by
1-22 Section 202.007.
1-23 SECTION 3. Section 142.009, Election Code, is amended to
1-24 read as follows:
2-1 Sec. 142.009. TIME FOR CIRCULATION OF PETITION [TO BE
2-2 CIRCULATED AFTER PRIMARY]. A signature on a candidate's petition
2-3 is invalid if the signer:
2-4 (1) signed the petition before January 1 or after July
2-5 1 of the election year [on or before general primary election day
2-6 or, if a runoff primary is held for the office sought by the
2-7 candidate, on or before runoff primary election day]; or
2-8 (2) voted in the general or runoff primary election of
2-9 a political party that made a nomination, at either primary, for
2-10 the office sought by the candidate.
2-11 SECTION 4. Section 172.026, Election Code, is amended to
2-12 read as follows:
2-13 Sec. 172.026. INVALID SIGNATURE [RESTRICTION ON PETITION
2-14 SIGNER]. A signature on [On signing] a petition to be filed under
2-15 Section 172.021 is invalid if, in the voting year in which the
2-16 primary election is held, the signer previously signed a petition:
2-17 (1) filed under Section 172.021 for another political
2-18 party's primary election; or
2-19 (2) to be filed under Chapter 181 or 182 to qualify
2-20 another political party to have the names of its nominees placed on
2-21 the ballot for the general election for state and county officers
2-22 [, the signer becomes ineligible to vote in a primary election or
2-23 participate in a convention of another political party during the
2-24 voting year in which the primary election is held].
2-25 SECTION 5. Section 172.027, Election Code, is amended to
2-26 read as follows:
2-27 Sec. 172.027. Statement on Petition. The following
3-1 statement must appear at the top of each page of a petition to be
3-2 filed under Section 172.021: "I know that the purpose of this
3-3 petition is to entitle (insert candidate's name) to have his or her
3-4 name placed on the ballot for the office of (insert office title,
3-5 including any place number or other distinguishing number) for the
3-6 (insert political party's name) primary election. I understand
3-7 that signing a petition to entitle a candidate of another political
3-8 party to have the candidate's name placed on the primary election
3-9 ballot or to entitle a political party to have its nominees placed
3-10 on the general election ballot is prohibited and that my signature
3-11 on any subsequent petition is invalid [by signing this petition I
3-12 become ineligible to vote in a primary election or participate in a
3-13 convention of another party, including a party not holding a
3-14 primary election, during the voting year in which this primary
3-15 election is held]."
3-16 SECTION 6. Section 181.005(a), Election Code, is amended to
3-17 read as follows:
3-18 (a) To be entitled to have the names of its nominees placed
3-19 on the general election ballot, a political party required to make
3-20 nominations by convention must file with the secretary of state,
3-21 not later than July 1 of the election year [the 75th day after the
3-22 date of the precinct conventions held under this chapter], lists of
3-23 precinct convention participants indicating that the number of
3-24 participants equals at least one percent of the total number of
3-25 votes received by all candidates for governor in the most recent
3-26 gubernatorial general election. The lists must include each
3-27 participant's residence address and voter registration number.
4-1 SECTION 7. Section 181.006, Election Code, is amended to
4-2 read as follows:
4-3 Sec. 181.006. Petition Supplementing Precinct Convention
4-4 Lists. (a) If the number of precinct convention participants
4-5 indicated on the lists filed under Section 181.005 is fewer than
4-6 the number required for the political party to qualify to have the
4-7 names of its nominees placed on the ballot, the party may qualify
4-8 by filing a petition as provided by this section.
4-9 (b) A petition must:
4-10 (1) satisfy the requirements prescribed by Section
4-11 141.062 for a candidate's petition;
4-12 (2) contain signatures in a number that, when added to
4-13 the number of convention participants indicated on the lists,
4-14 equals at least one percent of the total number of votes received
4-15 by all candidates for governor in the most recent gubernatorial
4-16 general election; and
4-17 (3) be filed with the secretary of state by the state
4-18 chair before the deadline for filing the lists of precinct
4-19 convention participants.
4-20 (c) Except as provided by this section, the petition is
4-21 subject to the applicable provisions of Subchapter C, Chapter 141.
4-22 (d) A signer's voter registration is not required to be in
4-23 any particular territory.
4-24 (e) A copy of a request for the withdrawal of a signature
4-25 must be delivered to the state chair at the time the withdrawal
4-26 request is filed.
4-27 (f) The following statement must appear at the top of each
5-1 page of the petition: "I know that the purpose of this petition is
5-2 to entitle the _______ Party to have its nominees placed on the
5-3 ballot in the general election for state and county officers. I
5-4 have not voted in a primary election or participated in a
5-5 convention of another party during this voting year[, and I
5-6 understand that I become ineligible to do so by signing this
5-7 petition]. I understand that signing more than one petition to
5-8 entitle a party to have its nominees placed on the general election
5-9 ballot in the same election is prohibited and that my signature on
5-10 any subsequent petition is invalid. If after signing this petition
5-11 I vote in the primary or participate in the convention of another
5-12 party, I understand my signature on this petition becomes invalid."
5-13 (g) A person who has voted in a primary election or
5-14 participated in a convention of another party during the voting
5-15 year in which the petition is circulated is ineligible to sign the
5-16 petition, and the signature of such a person is invalid.
5-17 (h) A signature is invalid if the person signed the petition
5-18 subsequent to signing a petition to qualify another political party
5-19 to have the names of its nominees placed on the ballot for the same
5-20 election, whether the other party is circulating the petition under
5-21 this chapter or under Chapter 182.
5-22 (i) [On signing the petition, the person becomes ineligible
5-23 to affiliate with another party during the voting year in which the
5-24 petition is signed.]
5-25 [(j)] The petition may not be circulated before January 1 of
5-26 the election year [until after the date of the party's precinct
5-27 conventions held under this chapter]. A signature obtained [on or]
6-1 before that date is invalid.
6-2 (j) [(k)] The secretary of state shall post a notice of the
6-3 receipt of a petition on the bulletin board used for posting notice
6-4 of meetings of state governmental bodies. Any person may challenge
6-5 the validity of the petition by filing a written statement of the
6-6 challenge with the secretary of state not later than the fifth day
6-7 after the date notice is posted. The secretary of state may verify
6-8 the petition signatures regardless of whether the petition is
6-9 timely challenged.
6-10 SECTION 8. Section 181.033(a), Election Code, is amended to
6-11 read as follows:
6-12 (a) Except as provided by Subsection (b), an application for
6-13 nomination by a convention must be filed not later than the filing
6-14 deadline of parties nominating candidates by primary election [5
6-15 p.m. on January 2 preceding the convention].
6-16 SECTION 9. Section 181.061, Election Code, is amended to
6-17 read as follows:
6-18 Sec. 181.061. Conventions at Which Nominations Made. (a) A
6-19 political party nominating by convention must make its nominations
6-20 for statewide offices at a state convention held not later than
6-21 July 15 [on the second Saturday in June] of the election year. The
6-22 state convention consists of delegates selected at the county
6-23 conventions held under Subsection (c).
6-24 (b) A party nominating by convention must make its
6-25 nominations for offices of districts situated in more than one
6-26 county at district conventions held not later than July 15 of the
6-27 election year [on the second Saturday after the second Tuesday in
7-1 March]. A district convention consists of delegates selected at
7-2 the county conventions held under Subsection (c).
7-3 (c) A party nominating by convention must make its
7-4 nominations for county and precinct offices and for offices of
7-5 districts not situated in more than one county at county
7-6 conventions held not later than July 15 of the election year [on
7-7 the first Saturday after the second Tuesday in March]. A county
7-8 convention consists of delegates selected at precinct conventions
7-9 held not later than July 15 of the election year [on the second
7-10 Tuesday in March in the regular county election precincts].
7-11 (d) A party by rule may limit the delegates making
7-12 nominations to those from the territory from which the office
7-13 sought is elected.
7-14 SECTION 10. Section 182.003, Election Code, is amended to
7-15 read as follows:
7-16 Sec. 182.003. Qualifying for Placement on Ballot. To be
7-17 entitled to have the names of its nominees placed on the general
7-18 election ballot, a political party making nominations under this
7-19 chapter must file with the county clerk, not later than July 15 of
7-20 the election year [the 75th day after the date of the precinct
7-21 conventions held under this chapter], lists of precinct convention
7-22 participants indicating that the number of participants equals at
7-23 least three percent of the total number of votes received in the
7-24 county by all candidates for governor in the most recent
7-25 gubernatorial general election.
7-26 SECTION 11. Section 182.004(f), Election Code, is amended to
7-27 read as follows:
8-1 (f) Sections 181.006(f)-(i) [181.006(f)-(j)] apply to a
8-2 petition circulated under this section.
8-3 SECTION 12. Section 182.005, Election Code, is amended to
8-4 read as follows:
8-5 Sec. 182.005. Nominations Made by County Convention. A
8-6 political party must make its nominations under this chapter at a
8-7 county convention held not later than July 15 [on the first
8-8 Saturday after the second Tuesday in March] of the election year.
8-9 The convention consists of delegates selected at precinct
8-10 conventions held not later than July 15 of the election year [on
8-11 the second Tuesday in March in the regular county election
8-12 precincts]. A party by rule may allow its precinct conventions to
8-13 be held as caucuses at its county convention.
8-14 SECTION 13. Section 192.032, Election Code, is amended to
8-15 read as follows:
8-16 Sec. 192.032. Independent Candidate's Entitlement to Place
8-17 on Ballot. (a) To be entitled to a place on the general election
8-18 ballot, an independent candidate for president of the United States
8-19 must make an application for a place on the ballot.
8-20 (b) An application must:
8-21 (1) comply with Section 141.031, except that:
8-22 (A) the application is not required to include a
8-23 candidate's occupation, length of residence, or statement that the
8-24 candidate is aware of the nepotism law; and
8-25 (B) the application must contain the applicable
8-26 information required by Section 141.031(4) with respect to both the
8-27 presidential candidate and the running mate;
9-1 (2) state the names and residence addresses of
9-2 presidential elector candidates in a number equal to the number of
9-3 presidential electors that federal law allocates to the state; and
9-4 (3) be accompanied by:
9-5 (A) a petition that satisfies the requirements
9-6 prescribed by Section 141.062; and
9-7 (B) written statements signed by the
9-8 vice-presidential candidate and each of the presidential elector
9-9 candidates indicating that each of them consents to be a candidate.
9-10 (c) The application must be filed with the secretary of
9-11 state not later than July 1 [the second Monday in May] of the
9-12 presidential election year.
9-13 (d) The minimum number of signatures that must appear on the
9-14 petition is one percent of the total vote received in the state by
9-15 all candidates for president in the most recent presidential
9-16 general election.
9-17 (e) A petition signer's voter registration is not required
9-18 to be in any particular territory.
9-19 (f) The following statement must appear at the top of each
9-20 page of the petition: "I did not vote this year in a presidential
9-21 primary election. I understand that if this year I vote in the
9-22 primary of another party my signature becomes invalid on this
9-23 petition."
9-24 (g) A signature on the petition is invalid if the signer:
9-25 (1) signs the petition on or before the date of the
9-26 presidential primary election in the presidential election year; or
9-27 (2) voted in a presidential primary election during
10-1 the presidential election year.
10-2 (h) A candidate in a presidential primary election is
10-3 ineligible to be an independent candidate for president or
10-4 vice-president of the United States in the succeeding general
10-5 election.
10-6 SECTION 14. Section 181.063, Election Code, is repealed.
10-7 SECTION 15. This Act takes effect September 1, 1999.
10-8 SECTION 16. The importance of this legislation and the
10-9 crowded condition of the calendars in both houses create an
10-10 emergency and an imperative public necessity that the
10-11 constitutional rule requiring bills to be read on three several
10-12 days in each house be suspended, and this rule is hereby suspended.