By Nelson S.B. No. 493
76R1350 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain procedures relating to a person's candidacy in
1-3 an election.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 141, Election Code, is
1-6 amended by adding Section 141.0311 to read as follows:
1-7 Sec. 141.0311. TELEPHONIC FACSIMILE MACHINE FILING
1-8 PROHIBITED. An application for a place on the ballot may not be
1-9 filed by telephonic facsimile machine.
1-10 SECTION 2. Section 145.003(b), Election Code, is amended to
1-11 read as follows:
1-12 (b) A candidate in the general election for state and county
1-13 officers may be declared ineligible:
1-14 (1) before the 30th day preceding election day by:
1-15 (A) [(1)] the party officer responsible for
1-16 certifying the candidate's name for placement on the general
1-17 election ballot, in the case of a candidate who is a political
1-18 party's nominee; or
1-19 (B) [(2)] the authority with whom the
1-20 candidate's application for a place on the ballot is required to be
1-21 filed, in the case of an independent candidate; or
1-22 (2) after the 65th day and before the 54th day
1-23 preceding election day by the secretary of state.
1-24 SECTION 3. Section 145.039, Election Code, is amended to
2-1 read as follows:
2-2 Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
2-3 APPEAR ON GENERAL ELECTION BALLOT. (a) Except as provided by
2-4 Subsection (b), if [If] a candidate dies or is declared ineligible
2-5 after the 65th day before election day, the candidate's name shall
2-6 be placed on the ballot.
2-7 (b) If a candidate is declared ineligible under Section
2-8 145.003(b)(2), the candidate's name shall be omitted from the
2-9 ballot.
2-10 SECTION 4. Section 145.065, Election Code, is amended to
2-11 read as follows:
2-12 Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
2-13 APPEAR ON GENERAL ELECTION BALLOT. (a) Except as provided by
2-14 Subsection (b), if [If] a candidate dies or is declared ineligible
2-15 after the 65th day before election day, the candidate's name shall
2-16 be placed on the ballot.
2-17 (b) If a candidate is declared ineligible under Section
2-18 145.003(b)(2), the candidate's name shall be omitted from the
2-19 ballot.
2-20 SECTION 5. Sections 146.0301(a) and (d), Election Code, are
2-21 amended to read as follows:
2-22 (a) A write-in candidate may not withdraw from the election
2-23 after the 60th [46th] day before election day.
2-24 (d) A candidate's name shall be omitted from the list of
2-25 write-in candidates if the candidate withdraws on or before the
2-26 60th [46th] day before election day.
2-27 SECTION 6. Subchapter B, Chapter 181, Election Code, is
3-1 amended by adding Section 181.035 to read as follows:
3-2 Sec. 181.035. WITHDRAWAL FROM NOMINATION. (a) A candidate
3-3 for nomination by a convention may not withdraw after the 62nd day
3-4 before general primary election day.
3-5 (b) A withdrawal request under this section must be filed
3-6 with the authority with whom the withdrawing candidate's
3-7 application for nomination by a convention is required to be filed.
3-8 (c) The withdrawal request must comply with the requirements
3-9 prescribed by Section 145.001 with changes appropriate to indicate
3-10 that the candidacy is for nomination by a convention rather than by
3-11 election.
3-12 SECTION 7. This Act takes effect September 1, 1999.
3-13 SECTION 8. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.