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A BILL TO BE ENTITLED
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AN ACT
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relating to nominations by primary election by all political |
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parties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 172.001, Election Code, is amended to |
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read as follows: |
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Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. A |
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[Except as otherwise provided by this code, a] political party's |
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nominees in the general election for offices of state and county |
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government and the United States Congress must be nominated by |
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primary election, held as provided by this code [, if the party's
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nominee for governor in the most recent gubernatorial general
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election received 20 percent or more of the total number of votes
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received by all candidates for governor in the election]. |
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SECTION 2. Section 162.001(b), Election Code, is amended to |
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read as follows: |
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(b) The affiliation requirement prescribed by Subsections |
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(a)(2) and (3) applies only during a voting year in which the |
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general election for state and county officers is held and does not |
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apply until[:
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[(1)] general primary election day[, for a party
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holding a primary election; or
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[(2)
the date of the precinct conventions held under
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this title, for a party nominating by convention]. |
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SECTION 3. Section 162.008(a), Election Code, is amended to |
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read as follows: |
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(a) This section applies only to a person desiring to |
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affiliate with a political party during that part of a voting year |
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in which the general election for state and county officers is held |
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that follows[:
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[(1)
the date of the precinct conventions held under
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this title, for a party nominating by convention; or
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[(2)] 7 p.m. on general primary election day[, for a
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party holding a primary election]. |
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SECTION 4. Section 202.006(a), Election Code, is amended to |
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read as follows: |
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(a) A political party's state, district, county, or |
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precinct executive committee, as appropriate for the particular |
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office, may nominate a candidate for the unexpired term if[:
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[(1)
in the case of a party holding a primary
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election,] the vacancy occurs after the 62nd day before general |
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primary election day[; or
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[(2)
in the case of a party nominating by convention,
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the vacancy occurs after the fourth day before the date the
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convention having the power to make a nomination for the office
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convenes]. |
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SECTION 5. Section 251.001(1), Election Code, is amended to |
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read as follows: |
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(1) "Candidate" means a person who knowingly and |
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willingly takes affirmative action for the purpose of gaining |
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nomination or election to public office or for the purpose of |
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satisfying financial obligations incurred by the person in |
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connection with the campaign for nomination or election. Examples |
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of affirmative action include: |
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(A) the filing of a campaign treasurer |
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appointment, except that the filing does not constitute candidacy |
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or an announcement of candidacy for purposes of the automatic |
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resignation provisions of Article XVI, Section 65, or Article XI, |
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Section 11, of the Texas Constitution; |
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(B) the filing of an application for a place on a |
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ballot; |
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(C) [the filing of an application for nomination
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by convention;
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[(D)] the filing of a declaration of intent to |
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become an independent candidate or a declaration of write-in |
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candidacy; |
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(D) [(E)] the making of a public announcement of |
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a definite intent to run for public office in a particular election, |
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regardless of whether the specific office is mentioned in the |
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announcement; |
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(E) [(F)] before a public announcement of |
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intent, the making of a statement of definite intent to run for |
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public office and the soliciting of support by letter or other mode |
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of communication; |
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(F) [(G)] the soliciting or accepting of a |
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campaign contribution or the making of a campaign expenditure; and |
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(G) [(H)] the seeking of the nomination of an |
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executive committee of a political party to fill a vacancy. |
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SECTION 6. Section 253.153(a), Election Code, is amended to |
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read as follows: |
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(a) A judicial candidate or officeholder, a |
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specific-purpose committee for supporting or opposing a judicial |
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candidate, or a specific-purpose committee for assisting a judicial |
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officeholder may not knowingly accept a political contribution |
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except during the period: |
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(1) beginning on: |
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(A) the 210th day before the date an application |
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for a place on the ballot [or for nomination by convention] for the |
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office is required to be filed, if the election is for a full term; |
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or |
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(B) the later of the 210th day before the date an |
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application for a place on the ballot [or for nomination by
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convention] for the office is required to be filed or the date a |
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vacancy in the office occurs, if the election is for an unexpired |
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term; and |
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(2) ending on the 120th day after the date of: |
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(A) the general election for state and county |
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officers, if the candidate or officeholder has an opponent in the |
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general election; |
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(B) except as provided by Subsection (c), the |
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runoff primary election, if the candidate or officeholder is a |
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candidate in the runoff primary election and does not have an |
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opponent in the general election; or |
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(C) except as provided by Subsection (c), the |
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general primary election, if the candidate or officeholder is not a |
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candidate in the runoff primary election and does not have an |
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opponent in the general election. |
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SECTION 7. Section 571.079(a), Government Code, is amended |
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to read as follows: |
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(a) Not later than the 15th day after the date on which an |
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application for a place on the general primary election ballot [or
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for nomination by convention] is required to be filed, the |
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commission shall post on its Internet website: |
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(1) the name and address of each candidate for an |
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office specified by Section 252.005(1), Election Code, who has |
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failed to pay a civil penalty imposed by the commission for failure |
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to file with the commission a required report or statement under |
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Chapter 254, Election Code, or Chapter 572; and |
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(2) for each candidate listed under Subdivision (1), |
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the amount of the penalty imposed and the amount paid, if any. |
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SECTION 8. (a) Subtitle C, Title 10, Election Code, is |
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repealed. |
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(b) Sections 162.007, 172.002, and 202.005, Election Code, |
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are repealed. |
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SECTION 9. The changes in law made by this Act apply |
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beginning with nominations made for an election held on or after |
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January 1, 2010. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |