1-1 By: Nelson S.B. No. 493
1-2 (In the Senate - Filed February 11, 1999; February 15, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 1, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 1, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 493 By: Nixon
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain procedures relating to a person's candidacy in
1-11 an election.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 141.031, Election Code, is amended to
1-14 read as follows:
1-15 Sec. 141.031. GENERAL REQUIREMENTS FOR APPLICATION. (a) A
1-16 candidate's application for a place on the ballot that is required
1-17 by this code must:
1-18 (1) be in writing;
1-19 (2) be signed and sworn to by the candidate and
1-20 indicate the date that the candidate swears to the application;
1-21 (3) be timely filed with the appropriate authority;
1-22 and
1-23 (4) include:
1-24 (A) the candidate's name;
1-25 (B) the candidate's occupation;
1-26 (C) the office sought, including any place
1-27 number or other distinguishing number;
1-28 (D) an indication of whether the office sought
1-29 is to be filled for a full or unexpired term if the office sought
1-30 and another office to be voted on have the same title but do not
1-31 have place numbers or other distinguishing numbers;
1-32 (E) a statement that the candidate is a United
1-33 States citizen;
1-34 (F) a statement that the candidate has not been
1-35 determined mentally incompetent by a final judgment of a court;
1-36 (G) a statement that the candidate has not been
1-37 finally convicted of a felony from which the candidate has not been
1-38 pardoned or otherwise released from the resulting disabilities;
1-39 (H) the candidate's date of birth;
1-40 (I) the candidate's residence address or, if the
1-41 residence has no address, the address at which the candidate
1-42 receives mail and a concise description of the location of the
1-43 candidate's residence;
1-44 (J) the candidate's length of continuous
1-45 residence in the state and in the territory from which the office
1-46 sought is elected as of the date the candidate swears to the
1-47 application;
1-48 (K) the statement: "I, ______________, of
1-49 ___________ County, Texas, being a candidate for the office of
1-50 ___________, swear that I will support and defend the constitution
1-51 and laws of the United States and of the State of Texas"; and
1-52 (L) a statement that the candidate is aware of
1-53 the nepotism law, Chapter 573, Government Code.
1-54 (b) An application for a place on the ballot may not be
1-55 filed by telephonic facsmilie machine or electronic format with the
1-56 filing authority.
1-57 SECTION 2. Subsections (a) and (d), Section 146.0301,
1-58 Election Code, are amended to read as follows:
1-59 (a) A write-in candidate may not withdraw from the election
1-60 after the 60th [46th] day before election day.
1-61 (d) A candidate's name shall be omitted from the list of
1-62 write-in candidates if the candidate withdraws on or before the
1-63 60th [46th] day before election day.
1-64 SECTION 3. Subchapter B, Chapter 181, Election Code, is
2-1 amended by amending Section 181.033 and adding Sections 181.0331
2-2 and 181.0332 to read as follows:
2-3 Sec. 181.033. FILING DEADLINE. [(a)] Except as provided by
2-4 Section 181.0331 [Subsection (b)], an application for nomination by
2-5 a convention must be filed not later than 5 p.m. on January 2
2-6 preceding the convention.
2-7 [(b) A political party by rule may extend the filing
2-8 deadline for applications for nomination for an office for which a
2-9 candidate who has made an application withdraws, dies, or is
2-10 declared ineligible.]
2-11 Sec. 181.0331. EXTENDED FILING DEADLINE. (a) The deadline
2-12 for filing an application for nomination by a convention is
2-13 extended as provided by this section if a candidate who has made an
2-14 application that complies with the applicable requirements:
2-15 (1) dies on or after the fifth day before the date of
2-16 the regular filing deadline and on or before the 62nd day before
2-17 general primary election day;
2-18 (2) holds the office for which the application was
2-19 made and withdraws or is declared ineligible on or after the date
2-20 of the regular filing deadline and on or before the 62nd day before
2-21 general primary election day; or
2-22 (3) withdraws or is declared ineligible during the
2-23 period prescribed by Subdivision (2) and, at the time of the
2-24 withdrawal or declaration of ineligibility, no other candidate has
2-25 made an application that complies with the applicable requirements
2-26 for the office sought by the withdrawn or ineligible candidate.
2-27 (b) An application for an office sought by a withdrawn,
2-28 deceased, or ineligible candidate must be filed not later than 6
2-29 p.m. of the 60th day before general primary election day. An
2-30 application filed by mail with the state chair is not timely if
2-31 received later than 5 p.m. of the 60th day before general primary
2-32 election day.
2-33 (c) An extension of the filing deadline under this section
2-34 applies only to the convention of the political party for which the
2-35 withdrawn, deceased, or ineligible candidate applied for
2-36 nomination.
2-37 Sec. 181.0332. WITHDRAWAL FROM NOMINATION. (a) A candidate
2-38 for nomination by a convention may not withdraw after the 62nd day
2-39 before general primary election day.
2-40 (b) A withdrawal request under this section must be filed
2-41 with the authority with whom the withdrawing candidate's
2-42 application for nomination by a convention is required to be filed.
2-43 (c) The withdrawal request must comply with the requirements
2-44 prescribed by Section 145.001 with changes appropriate to indicate
2-45 that the candidacy is for nomination by a convention rather than by
2-46 election.
2-47 SECTION 4. This Act takes effect September 1, 1999.
2-48 SECTION 5. The importance of this legislation and the
2-49 crowded condition of the calendars in both houses create an
2-50 emergency and an imperative public necessity that the
2-51 constitutional rule requiring bills to be read on three several
2-52 days in each house be suspended, and this rule is hereby suspended.
2-53 * * * * *