81R7161 JRJ-D

By: Berman H.B. No. 1892

A BILL TO BE ENTITLED

AN ACT

relating to nominations by primary election by all political parties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 172.001, Election Code, is amended to read as follows:

Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. A [Except as otherwise provided by this code, a] political party's nominees in the general election for offices of state and county government and the United States Congress must be nominated by primary election, held as provided by this code [, if the party's nominee for governor in the most recent gubernatorial general election received 20 percent or more of the total number of votes received by all candidates for governor in the election].

SECTION 2. Section 162.001(b), Election Code, is amended to read as follows:

(b) The affiliation requirement prescribed by Subsections (a)(2) and (3) applies only during a voting year in which the general election for state and county officers is held and does not apply until[:

[(1)] general primary election day[, for a party holding a primary election; or

[(2) the date of the precinct conventions held under this title, for a party nominating by convention].

SECTION 3. Section 162.008(a), Election Code, is amended to read as follows:

(a) This section applies only to a person desiring to affiliate with a political party during that part of a voting year in which the general election for state and county officers is held that follows[:

[(1) the date of the precinct conventions held under this title, for a party nominating by convention; or

[(2)] 7 p.m. on general primary election day[, for a party holding a primary election].

SECTION 4. Section 202.006(a), Election Code, is amended to read as follows:

(a) A political party's state, district, county, or precinct executive committee, as appropriate for the particular office, may nominate a candidate for the unexpired term if[:

[(1) in the case of a party holding a primary election,] the vacancy occurs after the 62nd day before general primary election day[; or

[(2) in the case of a party nominating by convention, the vacancy occurs after the fourth day before the date the convention having the power to make a nomination for the office convenes].

SECTION 5. Section 251.001(1), Election Code, is amended to read as follows:

(1) "Candidate" means a person who knowingly and willingly takes affirmative action for the purpose of gaining nomination or election to public office or for the purpose of satisfying financial obligations incurred by the person in connection with the campaign for nomination or election. Examples of affirmative action include:

(A) the filing of a campaign treasurer appointment, except that the filing does not constitute candidacy or an announcement of candidacy for purposes of the automatic resignation provisions of Article XVI, Section 65, or Article XI, Section 11, of the Texas Constitution;

(B) the filing of an application for a place on a ballot;

(C) [the filing of an application for nomination by convention;

[(D)] the filing of a declaration of intent to become an independent candidate or a declaration of write-in candidacy;

(D) [(E)] the making of a public announcement of a definite intent to run for public office in a particular election, regardless of whether the specific office is mentioned in the announcement;

(E) [(F)] before a public announcement of intent, the making of a statement of definite intent to run for public office and the soliciting of support by letter or other mode of communication;

(F) [(G)] the soliciting or accepting of a campaign contribution or the making of a campaign expenditure; and

(G) [(H)] the seeking of the nomination of an executive committee of a political party to fill a vacancy.

SECTION 6. Section 253.153(a), Election Code, is amended to read as follows:

(a) A judicial candidate or officeholder, a specific-purpose committee for supporting or opposing a judicial candidate, or a specific-purpose committee for assisting a judicial officeholder may not knowingly accept a political contribution except during the period:

(1) beginning on:

(A) the 210th day before the date an application for a place on the ballot [or for nomination by convention] for the office is required to be filed, if the election is for a full term; or

(B) the later of the 210th day before the date an application for a place on the ballot [or for nomination by convention] for the office is required to be filed or the date a vacancy in the office occurs, if the election is for an unexpired term; and

(2) ending on the 120th day after the date of:

(A) the general election for state and county officers, if the candidate or officeholder has an opponent in the general election;

(B) except as provided by Subsection (c), the runoff primary election, if the candidate or officeholder is a candidate in the runoff primary election and does not have an opponent in the general election; or

(C) except as provided by Subsection (c), the general primary election, if the candidate or officeholder is not a candidate in the runoff primary election and does not have an opponent in the general election.

SECTION 7. Section 571.079(a), Government Code, is amended to read as follows:

(a) Not later than the 15th day after the date on which an application for a place on the general primary election ballot [or for nomination by convention] is required to be filed, the commission shall post on its Internet website:

(1) the name and address of each candidate for an office specified by Section 252.005(1), Election Code, who has failed to pay a civil penalty imposed by the commission for failure to file with the commission a required report or statement under Chapter 254, Election Code, or Chapter 572; and

(2) for each candidate listed under Subdivision (1), the amount of the penalty imposed and the amount paid, if any.

SECTION 8. (a) Subtitle C, Title 10, Election Code, is repealed.

(b) Sections 162.007, 172.002, and 202.005, Election Code, are repealed.

SECTION 9. The changes in law made by this Act apply beginning with nominations made for an election held on or after January 1, 2010.

SECTION 10. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.