By: Corte, Baxter (Senate Sponsor - Jackson) H.B. No. 2339
(In the Senate - Received from the House May 13, 2005;
May 16, 2005, read first time and referred to Committee on State
Affairs; May 21, 2005, reported favorably, as amended, by the
following vote: Yeas 7, Nays 0; May 21, 2005, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Jackson
Amend H.B. 2339 as follows:
On page 5, lines 37-47, strike Subsection (a) and substitute the
following Subsection (a):
(a) Except as provided by Subsection (f), a [A] candidate's
application for a place on a special election ballot must be filed
not later than:
(1) 5 p.m. of the 67th day before election day, if
election day is on or after the 70th day after the date the election
is ordered;
(2) 5 p.m. of the 31st day before election day, if
election day is on or after the 36th day and before the 70th day
after the date the election is ordered; or
(3) [(2)] 5 p.m. of a day fixed by the authority
ordering the election, which day must be not earlier than the fifth
day after the date the election is ordered and not later than the
20th day before election day, if election day is before the 36th day
after the date the election is ordered.
A BILL TO BE ENTITLED
AN ACT
relating to the provision of mail ballots to overseas voters and to
conforming adjustments to related dates, deadlines, and
procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 86.004, Election Code, is amended to
read as follows:
Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER. (a)
Except as provided by Subsection (b), the [The] balloting materials
for voting by mail shall be mailed to a voter entitled to vote by
mail not later than the seventh calendar day after the later of the
date the clerk accepts the voter's application for a ballot to be
voted by mail or the date the ballots become available for mailing,
except that if that mailing date is earlier than the 45th day before
election day, the balloting materials shall be mailed not later
than the 38th day before election day.
(b) For the general election for state and county officers,
the balloting materials for a voter who indicates on the
application for a ballot to be voted by mail or the federal postcard
application that the voter is eligible to vote early by mail as a
consequence of the voter's being outside the United States shall be
mailed on or before the later of the 45th day before election day or
the seventh calendar day after the date the clerk receives the
application. However, if it is not possible to mail the ballots by
the deadline of the 45th day before election day, the clerk shall
notify the secretary of state within 24 hours of knowing that the
deadline will not be met. The secretary of state shall monitor the
situation and advise the clerk, who shall mail the ballots as soon
as possible in accordance with the secretary of state's guidelines.
SECTION 2. Section 3.005, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (c), an [An] election
ordered by an authority of a political subdivision shall be ordered
not later than the 62nd day before election day.
(c) For an election to be held on the date of the general
election for state and county officers, the election shall be
ordered not later than the 70th day before election day.
SECTION 3. Section 143.007, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 70th day before election day.
SECTION 4. Section 143.008, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) This section does not apply to an election to be held on
the date of the general election for state and county officers.
SECTION 5. Section 144.005, Election Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) Except as provided by Subsection (d), an [An]
application for a place on the ballot must be filed not later than 5
p.m. of the 62nd day before election day.
(c) The governing body of a political subdivision for which
a deadline for filing for candidacy is prescribed by a law outside
this code shall take appropriate action to comply with Subsections
[Subsection] (a) and (d) and to adjust any affected date, deadline,
or procedure to allow the same interval of time in relation to the
filing deadline as would be provided by application of the other
law. The secretary of state shall prescribe any rules necessary to
facilitate the implementation of this subsection.
(d) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 70th day before election day.
SECTION 6. Section 144.006, Election Code, is amended to
read as follows:
Sec. 144.006. FILING DEADLINE FOR DECLARED WRITE-IN
CANDIDATE. (a) Except as otherwise provided by law, a declaration
of write-in candidacy must be filed not later than 5 p.m. of the
fifth day after the date an application for a place on the ballot is
required to be filed in an election in which:
(1) the filing deadline for an application for a place
on the ballot is the 62nd [45th] day before election day; and
(2) write-in votes may be counted only for names
appearing on a list of declared write-in candidates.
(b) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
SECTION 7. Sections 145.032 and 145.035, Election Code, are
amended to read as follows:
Sec. 145.032. DEADLINE FOR WITHDRAWAL. A candidate may not
withdraw from the general election after the 74th [65th] day before
election day.
Sec. 145.035. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM BALLOT. A candidate's name shall be
omitted from the ballot if the candidate withdraws, dies, or is
declared ineligible on or before the 74th [65th] day before
election day.
SECTION 8. Section 145.037(e), Election Code, is amended to
read as follows:
(e) The certification must be delivered not later than 5
p.m. of the 70th [60th] day before election day.
SECTION 9. Section 145.038(b), Election Code, is amended to
read as follows:
(b) The state chair must deliver the certification of the
replacement nominee not later than 5 p.m. of the 67th [57th] day
before election day.
SECTION 10. Section 145.039, Election Code, is amended to
read as follows:
Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is
declared ineligible after the 74th [65th] day before election day,
the candidate's name shall be placed on the ballot.
SECTION 11. Sections 145.062, 145.064, and 145.065,
Election Code, are amended to read as follows:
Sec. 145.062. DEADLINE FOR WITHDRAWAL. A candidate may not
withdraw from the general election after the 74th [65th] day before
election day.
Sec. 145.064. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM BALLOT. (a) Except as provided by
Subsection (b), a candidate's name shall be omitted from the ballot
if the candidate withdraws, dies, or is declared ineligible on or
before the 74th [65th] day before election day.
(b) The name of a deceased candidate may not be omitted if:
(1) the decedent was the incumbent in the office for
which the decedent was a candidate; or
(2) no other candidate's name is to appear on the
ballot in the race in which the decedent was a candidate.
Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is
declared ineligible after the 74th [65th] day before election day,
the candidate's name shall be placed on the ballot.
SECTION 12. Section 145.092, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) A candidate in an election for which the filing deadline
for an application for a place on the ballot is not later than 5 p.m.
of the 70th day before election day may not withdraw from the
election after 5 p.m. of the 67th day before election day.
SECTION 13. Section 145.094(a), Election Code, is amended
to read as follows:
(a) The name of a candidate shall be omitted from the ballot
if the candidate:
(1) dies before the second day before the date of the
deadline for filing the candidate's application for a place on the
ballot;
(2) withdraws or is declared ineligible before 5 p.m.
of the second day before the beginning of early voting by personal
appearance, in an election subject to Section 145.092(a); [or]
(3) withdraws or is declared ineligible before 5 p.m.
of the 53rd day before election day, in an election subject to
Section 145.092(b); or
(4) withdraws or is declared ineligible before 5 p.m.
of the 67th day before election day, in an election subject to
Section 145.092(f).
SECTION 14. Section 145.096(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a candidate's name
shall be placed on the ballot if the candidate:
(1) dies on or after the second day before the deadline
for filing the candidate's application for a place on the ballot;
(2) is declared ineligible after 5 p.m. of the second
day before the beginning of early voting by personal appearance, in
an election subject to Section 145.092(a); [or]
(3) is declared ineligible after 5 p.m. of the 53rd day
before election day, in an election subject to Section 145.092(b);
or
(4) is declared ineligible after 5 p.m. of the 67th day
before election day, in an election subject to Section 145.092(f).
SECTION 15. Section 145.097, Election Code, is amended to
read as follows:
Sec. 145.097. HOME-RULE CITY CANDIDATE. Provisions
governing the withdrawal, death, or ineligibility of candidates for
city offices prescribed by a home-rule city charter supersede this
chapter to the extent of any conflict, except that this subchapter
prevails in regard to an election subject to Section 145.092(f).
SECTION 16. Sections 146.025(a) and (b), Election Code, are
amended to read as follows:
(a) A declaration of write-in candidacy must be filed not
later than 5 p.m. of the 70th [60th] day before general election
day, except as otherwise provided by this code. A declaration may
not be filed earlier than the 30th day before the date of the
regular filing deadline.
(b) If a candidate whose name is to appear on the general
election ballot dies or is declared ineligible after the third day
before the date of the filing deadline prescribed by Subsection
(a), a declaration of write-in candidacy for the office sought by
the deceased or ineligible candidate may be filed not later than 5
p.m. of the 67th [57th] day before election day.
SECTION 17. Section 146.029(c), Election Code, is amended
to read as follows:
(c) Not later than the 62nd [55th] day before election day,
the certifying authority shall deliver the certification to the
authority responsible for having the official ballot prepared in
each county in which the office sought by the candidate is to be
voted on.
SECTION 18. Sections 146.0301(a) and (d), Election Code,
are amended to read as follows:
(a) A write-in candidate may not withdraw from the election
after the 67th [46th] day before election day.
(d) A candidate's name shall be omitted from the list of
write-in candidates if the candidate withdraws on or before the
67th [46th] day before election day.
SECTION 19. Section 146.054, Election Code, is amended to
read as follows:
Sec. 146.054. FILING DEADLINE. (a) Except as provided by
Subsection (b), a [A] declaration of write-in candidacy must be
filed not later than 5 p.m. of the fifth day after the date an
application for a place on the ballot is required to be filed.
(b) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
SECTION 20. Section 161.008(b), Election Code, is amended
to read as follows:
(b) Not later than the 62nd [55th] day before general
election day, the secretary of state shall deliver the
certification to the authority responsible for having the official
general election ballot prepared in each county in which the
candidate's name is to appear on the ballot.
SECTION 21. Section 192.031, Election Code, is amended to
read as follows:
Sec. 192.031. PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON
BALLOT. A political party is entitled to have the names of its
nominees for president and vice-president of the United States
placed on the ballot in a presidential general election if:
(1) the nominees possess the qualifications for those
offices prescribed by federal law;
(2) before 5 p.m. of the 70th [60th] day before
presidential election day, the party's state chair signs and
delivers to the secretary of state a written certification of:
(A) the names of the party's nominees for
president and vice-president; and
(B) the names and residence addresses of
presidential elector candidates nominated by the party, in a number
equal to the number of presidential electors that federal law
allocates to this state; and
(3) the party is:
(A) required or authorized by Subchapter A of
Chapter 172 to make its nominations by primary election; or
(B) entitled to have the names of its nominees
placed on the general election ballot under Chapter 181.
SECTION 22. Section 192.033(b), Election Code, is amended
to read as follows:
(b) Not later than the 62nd [55th] day before presidential
election day, the secretary of state shall deliver the
certification to the authority responsible for having the official
ballot prepared in each county.
SECTION 23. Section 192.062(a), Election Code, is amended
to read as follows:
(a) The secretary of state shall certify in writing for
placement on the ballot the name of a political party's replacement
nominee for president or vice-president of the United States if:
(1) the original nominee withdraws, dies, or is
declared ineligible on or before the 74th [65th] day before
presidential election day; and
(2) the party's state chair delivers certification of
the replacement nominee's name, signed by the state chair, to the
secretary of state not later than 5 p.m. of the 70th [60th] day
before presidential election day.
SECTION 24. Section 192.063(a), Election Code, is amended
to read as follows:
(a) The name of an independent presidential candidate and
the name of the candidate's running mate shall be omitted from the
ballot if the presidential candidate withdraws, dies, or is
declared ineligible on or before the 74th [65th] day before
presidential election day.
SECTION 25. Section 192.064(a), Election Code, is amended
to read as follows:
(a) The secretary of state shall certify in writing for
placement on the ballot the name of a replacement vice-presidential
running mate for an independent candidate for president of the
United States if:
(1) the original running mate withdraws, dies, or is
declared ineligible on or before the 74th [65th] day before
presidential election day; and
(2) the independent presidential candidate delivers
certification of the replacement running mate's name, signed by the
presidential candidate, to the secretary of state not later than 5
p.m. of the 70th [60th] day before presidential election day.
SECTION 26. Section 201.051, Election Code, is amended to
read as follows:
Sec. 201.051. TIME FOR ORDERING ELECTION. (a) If a vacancy
in office is to be filled by special election, the election shall be
ordered as soon as practicable after the vacancy occurs, subject to
Subsection (b).
(b) For a vacancy to be filled by a special election to be
held on the date of the general election for state and county
officers, the election shall be ordered not later than the 70th day
before election day.
SECTION 27. Section 201.054, Election Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) Except as provided by Subsection (f), a [A] candidate's
application for a place on a special election ballot must be filed
not later than:
(1) 5 p.m. of the 31st day before election day, if
election day is on or after the 36th day after the date the election
is ordered; or
(2) 5 p.m. of a day fixed by the authority ordering the
election, which day must be not earlier than the fifth day after the
date the election is ordered and not later than the 20th day before
election day, if election day is before the 36th day after the date
the election is ordered.
(f) For a special election to be held on the date of the
general election for state and county officers, the day of the
filing deadline is the 67th day before election day.
SECTION 28. Section 202.002, Election Code, is amended to
read as follows:
Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a
vacancy occurs on or before the 74th [65th] day before the general
election for state and county officers held in the next-to-last
even-numbered year of a term of office, the remainder of the
unexpired term shall be filled at the next general election for
state and county officers, as provided by this chapter.
(b) If a vacancy occurs after the 74th [65th] day before a
general election day, an election for the unexpired term may not be
held at that general election. The appointment to fill the vacancy
continues until the next succeeding general election and until a
successor has been elected and has qualified for the office.
SECTION 29. Section 202.007(a), Election Code, is amended
to read as follows:
(a) If a vacancy occurs after runoff primary election day,
an independent candidate for the unexpired term must file the
application for a place on the ballot not later than 5 p.m. of the
30th day after the date the vacancy occurs or 5 p.m. of the 70th
[60th] day before general election day, whichever is earlier.
SECTION 30. Section 11.055, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (c), an [An]
application of a candidate for a place on the ballot must be filed
not later than 5 p.m. of the 62nd day before the date of the
election. An application may not be filed earlier than the 30th day
before the date of the filing deadline.
(c) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 70th day before election day.
SECTION 31. Section 11.056, Education Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) Except as provided by Subsection (e), a [A] declaration
of write-in candidacy must be filed not later than 5 p.m. of the
fifth day after the date an application for a place on the ballot is
required to be filed.
(e) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
SECTION 32. Section 130.0825, Education Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) Except as provided by Subsection (e), a [A] declaration
of write-in candidacy must be filed not later than 5 p.m. of the
fifth day after the date an application for a place on the ballot is
required to be filed.
(e) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
SECTION 33. Section 285.131, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsection (g) to
read as follows:
(d) Except as provided by Subsection (g), a [A] declaration
of write-in candidacy must be filed not later than 5 p.m. of the
fifth day after the date an application for a place on the ballot is
required to be filed.
(g) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
SECTION 34. Section 63.0945, Water Code, is amended by
amending Subsection (d) and adding Subsection (f) to read as
follows:
(d) Except as provided by Subsection (f), a [A] declaration
of write-in candidacy must be filed not later than 5 p.m. of the
fifth day after the date an application for a place on the ballot is
required to be filed.
(f) For an election to be held on the date of the general
election for state and county officers, the day of the filing
deadline is the 67th day before election day.
SECTION 35. The secretary of state shall adopt rules as
necessary to implement this Act, including the adjustment of any
affected date, deadline, or procedure.
SECTION 36. This Act takes effect September 1, 2005.
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