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A BILL TO BE ENTITLED
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AN ACT
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relating to the deadline for providing absentee ballots for the |
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general election for state and county officers; making conforming |
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changes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3.005(c), Election Code, is amended to |
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read as follows: |
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(c) For an election to be held on the date of the general |
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election for state and county officers, the election shall be |
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ordered not later than the 80th [70th] day before election day. |
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SECTION 2. Section 84.007(c), Election Code, is amended to |
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read as follows: |
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(c) An application must be submitted on or after the 70th |
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[60th] day before election day and before the close of regular |
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business in the early voting clerk's office or 12 noon, whichever is |
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later, on the seventh day before election day unless that day is a |
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Saturday, Sunday, or legal state or national holiday, in which case |
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the last day is the first preceding regular business day. |
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SECTION 3. Section 86.004(b), Election Code, is amended to |
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read as follows: |
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(b) For the general election for state and county officers, |
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the balloting materials for a voter who indicates on the |
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application for a ballot to be voted by mail or the federal postcard |
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application that the voter is eligible to vote early by mail as a |
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consequence of the voter's being outside the United States shall be |
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mailed on or before the later of the 55th [45th] day before election |
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day or the seventh calendar day after the date the clerk receives |
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the application. However, if it is not possible to mail the ballots |
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by the deadline of the 55th [45th] day before election day, the |
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clerk shall notify the secretary of state within 24 hours of knowing |
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that the deadline will not be met. The secretary of state shall |
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monitor the situation and advise the clerk, who shall mail the |
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ballots as soon as possible in accordance with the secretary of |
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state's guidelines. |
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SECTION 4. Section 101.004(e), Election Code, is amended to |
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read as follows: |
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(e) An applicant who otherwise complies with applicable |
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requirements is entitled to receive a full ballot to be voted by |
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mail under this chapter if: |
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(1) the applicant submits a federal postcard |
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application to the early voting clerk on or before the 30th [20th] |
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day before election day; and |
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(2) the application contains the information that is |
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required for registration under Title 2. |
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SECTION 5. Section 105.002(b), Election Code, is amended to |
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read as follows: |
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(b) An application for a ballot under this section may not |
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be submitted earlier than the 190th [180th] day before election |
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day. If an application under this section is received after the |
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time that regularly printed ballots become available, the early |
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voting clerk shall send the applicant a regularly printed ballot. |
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SECTION 6. Section 143.007(c), Election Code, is amended to |
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read as follows: |
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(c) For an election to be held on the date of the general |
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election for state and county officers, the day of the filing |
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deadline is the 80th [70th] day before election day. |
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SECTION 7. Section 144.005(d), Election Code, is amended to |
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read as follows: |
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(d) For an election to be held on the date of the general |
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election for state and county officers, the day of the filing |
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deadline is the 80th [70th] day before election day. |
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SECTION 8. Section 144.006(b), Election Code, is amended to |
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read as follows: |
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(b) For an election to be held on the date of the general |
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election for state and county officers, the day of the filing |
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deadline is the 77th [67th] day before election day. |
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SECTION 9. Section 145.032, Election Code, is amended to |
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read as follows: |
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Sec. 145.032. DEADLINE FOR WITHDRAWAL. A candidate may not |
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withdraw from the general election after the 84th [74th] day before |
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election day. |
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SECTION 10. Section 145.035, Election Code, is amended to |
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read as follows: |
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Sec. 145.035. WITHDRAWN, DECEASED, OR INELIGIBLE |
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CANDIDATE'S NAME OMITTED FROM BALLOT. A candidate's name shall be |
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omitted from the ballot if the candidate withdraws, dies, or is |
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declared ineligible on or before the 84th [74th] day before |
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election day. |
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SECTION 11. Section 145.037(e), Election Code, is amended |
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to read as follows: |
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(e) The certification must be delivered not later than 5 |
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p.m. of the 80th [70th] day before election day. |
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SECTION 12. Section 145.038(b), Election Code, is amended |
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to read as follows: |
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(b) The state chair must deliver the certification of the |
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replacement nominee not later than 5 p.m. of the 77th [67th] day |
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before election day. |
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SECTION 13. Section 145.039, Election Code, is amended to |
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read as follows: |
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Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO |
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APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is |
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declared ineligible after the 84th [74th] day before election day, |
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the candidate's name shall be placed on the ballot. |
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SECTION 14. Section 145.062, Election Code, is amended to |
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read as follows: |
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Sec. 145.062. DEADLINE FOR WITHDRAWAL. A candidate may not |
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withdraw from the general election after the 84th [74th] day before |
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election day. |
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SECTION 15. Section 145.064(a), Election Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), a candidate's name |
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shall be omitted from the ballot if the candidate withdraws, dies, |
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or is declared ineligible on or before the 84th [74th] day before |
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election day. |
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SECTION 16. Section 145.065, Election Code, is amended to |
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read as follows: |
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Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO |
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APPEAR ON GENERAL ELECTION BALLOT. If a candidate dies or is |
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declared ineligible after the 84th [74th] day before election day, |
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the candidate's name shall be placed on the ballot. |
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SECTION 17. Section 145.092(f), Election Code, is amended |
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to read as follows: |
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(f) A candidate in an election for which the filing deadline |
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for an application for a place on the ballot is not later than 5 p.m. |
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of the 80th [70th] day before election day may not withdraw from the |
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election after 5 p.m. of the 77th [67th] day before election day. |
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SECTION 18. Section 145.094(a), Election Code, is amended |
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to read as follows: |
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(a) The name of a candidate shall be omitted from the ballot |
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if the candidate: |
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(1) dies before the second day before the date of the |
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deadline for filing the candidate's application for a place on the |
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ballot; |
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(2) withdraws or is declared ineligible before 5 p.m. |
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of the second day before the beginning of early voting by personal |
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appearance, in an election subject to Section 145.092(a); |
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(3) withdraws or is declared ineligible before 5 p.m. |
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of the 53rd day before election day, in an election subject to |
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Section 145.092(b); or |
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(4) withdraws or is declared ineligible before 5 p.m. |
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of the 77th [67th] day before election day, in an election subject |
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to Section 145.092(f). |
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SECTION 19. Section 146.029(c), Election Code, is amended |
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to read as follows: |
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(c) Not later than the 72nd [62nd] day before election day, |
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the certifying authority shall deliver the certification to the |
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authority responsible for having the official ballot prepared in |
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each county in which the office sought by the candidate is to be |
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voted on. |
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SECTION 20. Section 192.062(a), Election Code, is amended |
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to read as follows: |
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(a) The secretary of state shall certify in writing for |
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placement on the ballot the name of a political party's replacement |
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nominee for president or vice-president of the United States if: |
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(1) the original nominee withdraws, dies, or is |
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declared ineligible on or before the 84th [74th] day before |
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presidential election day; and |
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(2) the party's state chair delivers certification of |
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the replacement nominee's name, signed by the state chair, to the |
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secretary of state not later than 5 p.m. of the 80th [70th] day |
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before presidential election day. |
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SECTION 21. Section 192.063(a), Election Code, is amended |
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to read as follows: |
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(a) The name of an independent presidential candidate and |
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the name of the candidate's running mate shall be omitted from the |
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ballot if the presidential candidate withdraws, dies, or is |
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declared ineligible on or before the 84th [74th] day before |
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presidential election day. |
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SECTION 22. Section 192.064(a), Election Code, is amended |
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to read as follows: |
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(a) The secretary of state shall certify in writing for |
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placement on the ballot the name of a replacement vice-presidential |
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running mate for an independent candidate for president of the |
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United States if: |
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(1) the original running mate withdraws, dies, or is |
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declared ineligible on or before the 84th [74th] day before |
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presidential election day; and |
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(2) the independent presidential candidate delivers |
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certification of the replacement running mate's name, signed by the |
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presidential candidate, to the secretary of state not later than 5 |
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p.m. of the 80th [70th] day before presidential election day. |
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SECTION 23. Section 201.051(b), Election Code, is amended |
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to read as follows: |
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(b) For a vacancy to be filled by a special election to be |
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held on the date of the general election for state and county |
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officers, the election shall be ordered not later than the 80th |
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[70th] day before election day. |
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SECTION 24. Sections 201.054(a) and (f), Election Code, are |
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amended to read as follows: |
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(a) Except as provided by Subsection (f), a candidate's |
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application for a place on a special election ballot must be filed |
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not later than: |
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(1) 5 p.m. of the 77th [67th] day before election day, |
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if election day is on or after the 80th [70th] day after the date the |
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election is ordered; |
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(2) 5 p.m. of the 31st day before election day, if |
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election day is on or after the 36th day and before the 80th [70th] |
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day after the date the election is ordered; or |
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(3) 5 p.m. of a day fixed by the authority ordering the |
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election, which day must be not earlier than the fifth day after the |
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date the election is ordered and not later than the 20th day before |
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election day, if election day is before the 36th day after the date |
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the election is ordered. |
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(f) For a special election to be held on the date of the |
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general election for state and county officers, the day of the |
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filing deadline is the 77th [67th] day before election day. |
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SECTION 25. Section 202.002, Election Code, is amended to |
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read as follows: |
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Sec. 202.002. VACANCY FILLED AT GENERAL ELECTION. (a) If a |
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vacancy occurs on or before the 84th [74th] day before the general |
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election for state and county officers held in the next-to-last |
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even-numbered year of a term of office, the remainder of the |
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unexpired term shall be filled at the next general election for |
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state and county officers, as provided by this chapter. |
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(b) If a vacancy occurs after the 84th [74th] day before a |
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general election day, an election for the unexpired term may not be |
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held at that general election. The appointment to fill the vacancy |
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continues until the next succeeding general election and until a |
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successor has been elected and has qualified for the office. |
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SECTION 26. The changes in law made by this Act apply only |
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to a general election for state and county officers ordered on or |
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after September 1, 2009. |
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SECTION 27. This Act takes effect September 1, 2009. |