79R4425 JRJ-F

By:  Baxter                                                       H.B. No. 1721


A BILL TO BE ENTITLED
AN ACT
relating to eligibility of voters to sign ballot access petitions. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 141.064, Election Code, is amended to read as follows: Sec. 141.064. METHOD OF ACQUIRING SIGNATURE. (a) A person circulating a petition must: (1) before permitting a person to sign, point out and read to the person each statement pertaining to the signer that appears on the petition; (2) witness each signature; (3) ascertain that each date of signing is correct; and (4) before the petition is filed, verify each signer's registration status and ascertain that each registration number entered on the petition is correct. (b) A person circulating a petition may only collect signatures for one political party or independent candidate during a voting year. SECTION 2. Section 172.026, Election Code, is amended to read as follows: Sec. 172.026. RESTRICTION ON PETITION SIGNER. (a) On signing a petition to be filed under Section 172.021, the signer becomes ineligible to vote in a primary election or participate in a convention of another political party during the voting year in which the primary election is held. (b) This section does not prohibit the signer of a petition to be filed under Section 172.021 from signing a petition under Section 181.006 or 182.004 during the same voting year. SECTION 3. Sections 181.006(f), (i), and (j), Election Code, are amended to read as follows: (f) The following statement must appear at the top of each page of the petition: "I know that the purpose of this petition is to entitle the _______ (name of political party) Party to have its nominees placed on the ballot in the _________ (year of general election) general election for state and county officers. [I have not voted in a primary election or participated in a convention of another party during this voting year, and I understand that I become ineligible to do so by signing this petition. I understand that signing more than one petition to entitle a party to have its nominees placed on the general election ballot in the same election is prohibited.]" Listing the name of more than one political party in the blank on the top of a page of the petition invalidates the signatures on that page. (i) Signing a [On signing the] petition is not considered an act of affiliation with the party circulating[, the person becomes ineligible to affiliate with another party during the voting year in which] the petition [is signed]. (j) The petition may not be circulated before the voting year of the election for which the party seeks to qualify to have its nominees placed on the ballot [until after the date of the party's precinct conventions held under this chapter]. A signature obtained [on or] before that voting year [date] is invalid. SECTION 4. Section 182.004(f), Election Code, is amended to read as follows: (f) Sections 181.006(f), (i), and (j) [181.006(f)-(j)] apply to a petition circulated under this section. SECTION 5. Sections 181.006(g) and (h), Election Code, are repealed. SECTION 6. This Act takes effect September 1, 2005.