By Keffer H.B. No. 386
76R2487 DRH-D
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 142.007, Election Code, is amended to
1-24 read as follows:
2-1 Sec. 142.007. Number of Petition Signatures Required. The
2-2 minimum number of signatures that must appear on a candidate's
2-3 petition is:
2-4 (1) for a statewide office, 10,000 [one percent of the
2-5 total vote received by all candidates for governor in the most
2-6 recent gubernatorial general election]; or
2-7 (2) for a district, county, or precinct office, the
2-8 lesser of:
2-9 (A) 500; or
2-10 (B) five percent of the total vote received in
2-11 the district, county, or precinct, as applicable, by all candidates
2-12 for governor in the most recent gubernatorial general election,
2-13 unless that number is under 25, in which case the required number
2-14 of signatures is the lesser of:
2-15 (i) 25; or
2-16 (ii) 10 percent of that total vote.
2-17 SECTION 4. Section 142.009, Election Code, is amended to
2-18 read as follows:
2-19 Sec. 142.009. TIME FOR CIRCULATION OF PETITION [TO BE
2-20 CIRCULATED AFTER PRIMARY]. A signature on a candidate's petition
2-21 is invalid if the signer:
2-22 (1) signed the petition before January 1 or after July
2-23 1 of the election year [on or before general primary election day
2-24 or, if a runoff primary is held for the office sought by the
2-25 candidate, on or before runoff primary election day]; or
2-26 (2) voted in the general or runoff primary election of
2-27 a political party that made a nomination, at either primary, for
3-1 the office sought by the candidate.
3-2 SECTION 5. Section 172.026, Election Code, is amended to
3-3 read as follows:
3-4 Sec. 172.026. INVALID SIGNATURE [RESTRICTION ON PETITION
3-5 SIGNER]. A signature on [On signing] a petition to be filed under
3-6 Section 172.021 is invalid if, in the voting year in which the
3-7 primary election is held, the signer previously signed a petition:
3-8 (1) filed under Section 172.021 for another political
3-9 party's primary election; or
3-10 (2) to be filed under Chapter 181 or 182 to qualify
3-11 another political party to have the names of its nominees placed on
3-12 the ballot for the general election for state and county officers
3-13 [, the signer becomes ineligible to vote in a primary election or
3-14 participate in a convention of another political party during the
3-15 voting year in which the primary election is held].
3-16 SECTION 6. Section 172.027, Election Code, is amended to
3-17 read as follows:
3-18 Sec. 172.027. Statement on Petition. The following
3-19 statement must appear at the top of each page of a petition to be
3-20 filed under Section 172.021: "I know that the purpose of this
3-21 petition is to entitle (insert candidate's name) to have his or her
3-22 name placed on the ballot for the office of (insert office title,
3-23 including any place number or other distinguishing number) for the
3-24 (insert political party's name) primary election. I understand
3-25 that signing a petition to entitle a candidate of another political
3-26 party to have the candidate's name placed on the primary election
3-27 ballot or to entitle a political party to have its nominees placed
4-1 on the general election ballot is prohibited and that my signature
4-2 on any subsequent petition is invalid [by signing this petition I
4-3 become ineligible to vote in a primary election or participate in a
4-4 convention of another party, including a party not holding a
4-5 primary election, during the voting year in which this primary
4-6 election is held]."
4-7 SECTION 7. Section 181.005(a), Election Code, is amended to
4-8 read as follows:
4-9 (a) To be entitled to have the names of its nominees placed
4-10 on the general election ballot, a political party required to make
4-11 nominations by convention must file with the secretary of state,
4-12 not later than July 1 of the election year [the 75th day after the
4-13 date of the precinct conventions held under this chapter], lists of
4-14 precinct convention participants indicating that the number of
4-15 participants equals at least 10,000 [one percent of the total
4-16 number of votes received by all candidates for governor in the most
4-17 recent gubernatorial general election]. The lists must include
4-18 each participant's residence address and voter registration number.
4-19 SECTION 8. Section 181.006, Election Code, is amended to
4-20 read as follows:
4-21 Sec. 181.006. Petition Supplementing Precinct Convention
4-22 Lists. (a) If the number of precinct convention participants
4-23 indicated on the lists filed under Section 181.005 is fewer than
4-24 the number required for the political party to qualify to have the
4-25 names of its nominees placed on the ballot, the party may qualify
4-26 by filing a petition as provided by this section.
4-27 (b) A petition must:
5-1 (1) satisfy the requirements prescribed by Section
5-2 141.062 for a candidate's petition;
5-3 (2) contain signatures in a number that, when added to
5-4 the number of convention participants indicated on the lists,
5-5 equals at least 10,000 [one percent of the total number of votes
5-6 received by all candidates for governor in the most recent
5-7 gubernatorial general election]; and
5-8 (3) be filed with the secretary of state by the state
5-9 chair before the deadline for filing the lists of precinct
5-10 convention participants.
5-11 (c) Except as provided by this section, the petition is
5-12 subject to the applicable provisions of Subchapter C, Chapter 141.
5-13 (d) A signer's voter registration is not required to be in
5-14 any particular territory.
5-15 (e) A copy of a request for the withdrawal of a signature
5-16 must be delivered to the state chair at the time the withdrawal
5-17 request is filed.
5-18 (f) The following statement must appear at the top of each
5-19 page of the petition: "I know that the purpose of this petition is
5-20 to entitle the _______ Party to have its nominees placed on the
5-21 ballot in the general election for state and county officers. I
5-22 have not voted in a primary election or participated in a
5-23 convention of another party during this voting year[, and I
5-24 understand that I become ineligible to do so by signing this
5-25 petition]. I understand that signing more than one petition to
5-26 entitle a party to have its nominees placed on the general election
5-27 ballot in the same election is prohibited and that my signature on
6-1 any subsequent petition is invalid. If after signing this petition
6-2 I vote in the primary or participate in the convention of another
6-3 party, I understand my signature on this petition becomes invalid."
6-4 (g) A person who has voted in a primary election or
6-5 participated in a convention of another party during the voting
6-6 year in which the petition is circulated is ineligible to sign the
6-7 petition, and the signature of such a person is invalid.
6-8 (h) A signature is invalid if the person signed the petition
6-9 subsequent to signing a petition to qualify another political party
6-10 to have the names of its nominees placed on the ballot for the same
6-11 election, whether the other party is circulating the petition under
6-12 this chapter or under Chapter 182.
6-13 (i) [On signing the petition, the person becomes ineligible
6-14 to affiliate with another party during the voting year in which the
6-15 petition is signed.]
6-16 [(j)] The petition may not be circulated before January 1 of
6-17 the election year [until after the date of the party's precinct
6-18 conventions held under this chapter]. A signature obtained [on or]
6-19 before that date is invalid.
6-20 (j) [(k)] The secretary of state shall post a notice of the
6-21 receipt of a petition on the bulletin board used for posting notice
6-22 of meetings of state governmental bodies. Any person may challenge
6-23 the validity of the petition by filing a written statement of the
6-24 challenge with the secretary of state not later than the fifth day
6-25 after the date notice is posted. The secretary of state may verify
6-26 the petition signatures regardless of whether the petition is
6-27 timely challenged.
7-1 SECTION 9. Section 181.033(a), Election Code, is amended to
7-2 read as follows:
7-3 (a) Except as provided by Subsection (b), an application for
7-4 nomination by a convention must be filed not later than the filing
7-5 deadline of parties nominating candidates by primary election [5
7-6 p.m. on January 2 preceding the convention].
7-7 SECTION 10. Section 181.061, Election Code, is amended to
7-8 read as follows:
7-9 Sec. 181.061. Conventions at Which Nominations Made. (a) A
7-10 political party nominating by convention must make its nominations
7-11 for statewide offices at a state convention held not later than
7-12 July 15 [on the second Saturday in June] of the election year. The
7-13 state convention consists of delegates selected at the county
7-14 conventions held under Subsection (c).
7-15 (b) A party nominating by convention must make its
7-16 nominations for offices of districts situated in more than one
7-17 county at district conventions held not later than July 15 of the
7-18 election year [on the second Saturday after the second Tuesday in
7-19 March]. A district convention consists of delegates selected at
7-20 the county conventions held under Subsection (c).
7-21 (c) A party nominating by convention must make its
7-22 nominations for county and precinct offices and for offices of
7-23 districts not situated in more than one county at county
7-24 conventions held not later than July 15 of the election year [on
7-25 the first Saturday after the second Tuesday in March]. A county
7-26 convention consists of delegates selected at precinct conventions
7-27 held not later than July 15 of the election year [on the second
8-1 Tuesday in March in the regular county election precincts].
8-2 (d) A party by rule may limit the delegates making
8-3 nominations to those from the territory from which the office
8-4 sought is elected.
8-5 SECTION 11. Section 182.003, Election Code, is amended to
8-6 read as follows:
8-7 Sec. 182.003. Qualifying for Placement on Ballot. To be
8-8 entitled to have the names of its nominees placed on the general
8-9 election ballot, a political party making nominations under this
8-10 chapter must file with the county clerk, not later than July 15 of
8-11 the election year [the 75th day after the date of the precinct
8-12 conventions held under this chapter], lists of precinct convention
8-13 participants indicating that the number of participants equals at
8-14 least three percent of the total number of votes received in the
8-15 county by all candidates for governor in the most recent
8-16 gubernatorial general election.
8-17 SECTION 12. Section 182.004(f), Election Code, is amended to
8-18 read as follows:
8-19 (f) Sections 181.006(f)-(i) [181.006(f)-(j)] apply to a
8-20 petition circulated under this section.
8-21 SECTION 13. 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 July 15 [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 July 15 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 14. 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 July 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. I understand that if this year I vote in the
10-13 primary of another party my signature becomes invalid on this
10-14 petition."
10-15 (g) A signature on the petition is invalid if the signer:
10-16 (1) signs the petition on or before the date of the
10-17 presidential primary election in the presidential election year; or
10-18 (2) voted in a presidential primary election during
10-19 the presidential election year.
10-20 (h) A candidate in a presidential primary election is
10-21 ineligible to be an independent candidate for president or
10-22 vice-president of the United States in the succeeding general
10-23 election.
10-24 SECTION 15. Section 181.063, Election Code, is repealed.
10-25 SECTION 16. This Act takes effect September 1, 1999.
10-26 SECTION 17. The importance of this legislation and the
10-27 crowded condition of the calendars in both houses create an
11-1 emergency and an imperative public necessity that the
11-2 constitutional rule requiring bills to be read on three several
11-3 days in each house be suspended, and this rule is hereby suspended.