By Madden H.B. No. 2276
76R7578 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the period for filing an application for a place on the
1-3 general primary election ballot and to related dates and deadlines.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 172.023, Election Code, is amended to
1-6 read as follows:
1-7 Sec. 172.023. REGULAR FILING PERIOD. (a) An application
1-8 for a place on the general primary election ballot must be filed
1-9 not later than 6 p.m. on January 9 [2] in the primary election year
1-10 unless the filing deadline is extended under Subchapter C.
1-11 (b) An application, other than an application for the office
1-12 of precinct chair, may not be filed earlier than December 1 of the
1-13 year [the 30th day] before the date of the regular filing deadline.
1-14 An application for the office of precinct chair may not be filed
1-15 earlier than the 90th day before the date of the regular filing
1-16 deadline.
1-17 SECTION 2. Section 172.028(b), Election Code, is amended to
1-18 read as follows:
1-19 (b) Not later than the 50th [57th] day before general
1-20 primary election day, the state chair shall deliver the
1-21 certification to the county chair in each county in which the
1-22 candidate's name is to appear on the ballot.
1-23 SECTION 3. Section 172.052(a), Election Code, is amended to
1-24 read as follows:
2-1 (a) A candidate for nomination may not withdraw from the
2-2 general primary election after the 55th [62nd] day before general
2-3 primary election day.
2-4 SECTION 4. Sections 172.054(a) and (b), Election Code, are
2-5 amended to read as follows:
2-6 (a) The deadline for filing an application for a place on
2-7 the general primary election ballot is extended as provided by this
2-8 section if a candidate who has made an application that complies
2-9 with the applicable requirements:
2-10 (1) dies on or after the fifth day before the date of
2-11 the regular filing deadline and on or before the 55th [62nd] day
2-12 before general primary election day;
2-13 (2) holds the office for which the application was
2-14 made and withdraws or is declared ineligible on or after the date
2-15 of the regular filing deadline and on or before the 55th [62nd] day
2-16 before general primary election day; or
2-17 (3) withdraws or is declared ineligible during the
2-18 period prescribed by Subdivision (2), and at the time of the
2-19 withdrawal or declaration of ineligibility no other candidate has
2-20 made an application that complies with the applicable requirements
2-21 for the office sought by the withdrawn or ineligible candidate.
2-22 (b) An application for an office sought by a withdrawn,
2-23 deceased, or ineligible candidate must be filed not later than 6
2-24 p.m. of the 53rd [60th] day before general primary election day.
2-25 An application filed by mail with the state chair is not timely if
2-26 received later than 5 p.m. of the 53rd [60th] day before general
2-27 primary election day.
3-1 SECTION 5. Section 172.057, Election Code, is amended to
3-2 read as follows:
3-3 Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
3-4 NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall
3-5 be omitted from the general primary election ballot if the
3-6 candidate withdraws, dies, or is declared ineligible on or before
3-7 the 55th [62nd] day before general primary election day.
3-8 SECTION 6. Section 172.058(a), Election Code, is amended to
3-9 read as follows:
3-10 (a) If a candidate who has made an application for a place
3-11 on the general primary election ballot that complies with the
3-12 applicable requirements dies or is declared ineligible after the
3-13 55th [62nd] day before general primary election day, the
3-14 candidate's name shall be placed on the ballot and the votes cast
3-15 for the candidate shall be counted and entered on the official
3-16 election returns in the same manner as for the other candidates.
3-17 SECTION 7. Section 172.082(c), Election Code, is amended to
3-18 read as follows:
3-19 (c) The drawing shall be conducted at the county seat not
3-20 later than the 46th [53rd] day before general primary election day.
3-21 SECTION 8. This Act takes effect September 1, 1999.
3-22 SECTION 9. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.