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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of presidential and vice-presidential |
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candidates to be placed on the ballot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 192, Election Code, is |
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amended by adding Section 192.0301 to read as follows: |
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Sec. 192.0301. UNIFORM APPLICATION FOR PRESIDENTIAL AND |
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VICE-PRESIDENTIAL CANDIDATES. (a) The secretary of state shall |
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prescribe an official application for a place on the ballot, which |
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must be used by a candidate for president or vice-president, |
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regardless of the authority with whom the application is filed. |
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(b) The application must require a candidate to provide: |
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(1) the candidate's date of birth; |
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(2) the candidate's length of residence in the United |
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States; |
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(3) an affirmation of the candidate's natural-born |
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United States citizen status; |
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(4) authorization for the secretary of state to obtain |
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a certified copy of the candidate's birth certificate from the |
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original issuing authority; and |
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(5) for the applicable candidate for president, the |
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consent of the candidate for vice-president to be the running mate |
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of the candidate. |
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(c) An application made under this section is a public |
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record, as provided by Section 1.012. |
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SECTION 2. Section 192.031(a), Election Code, is amended to |
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read as follows: |
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(a) A political party is entitled to have the names of its |
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nominees for president and vice-president of the United States |
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placed on the ballot in a presidential general election if: |
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(1) the nominees possess the qualifications for those |
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offices prescribed by federal law; |
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(2) the party's state chair signs a written |
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certification [of]: |
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(A) of the names of the party's nominees for |
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president and vice-president; [and] |
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(B) of the names and residence addresses of |
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presidential elector candidates nominated by the party, in a number |
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equal to the number of presidential electors that federal law |
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allocates to this state; and |
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(C) that the party's nominees possess the |
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qualifications for those offices prescribed by federal law; |
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(3) the party's state chair delivers the written |
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certification with complete copies of the nominees' applications |
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for a place on the ballot to the secretary of state before the later |
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of: |
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(A) 5 p.m. of the 70th day before presidential |
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election day; or |
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(B) 5 p.m. of the first business day after the |
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date of final adjournment of the party's national presidential |
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nominating convention; and |
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(4) the party is: |
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(A) required or authorized by Subchapter A of |
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Chapter 172 to make its nominations by primary election; or |
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(B) entitled to have the names of its nominees |
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placed on the general election ballot under Chapter 181. |
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SECTION 3. Section 192.032(a), Election Code, is amended to |
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read as follows: |
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(a) To be entitled to a place on the general election |
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ballot, an independent candidate for president of the United States |
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must: |
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(1) make an application for a place on the ballot; |
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(2) possess the qualifications prescribed by federal |
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law for the office of president; and |
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(3) provide for a running mate who possesses the |
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qualifications prescribed by federal law for the office of |
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vice-president. |
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SECTION 4. Sections 192.033(a) and (c), Election Code, are |
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amended to read as follows: |
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(a) The secretary of state shall determine whether each |
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candidate for president or vice-president possesses the |
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qualifications for the office sought and, except [Except] as |
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provided by Subsection (c), [the secretary of state] shall certify |
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in writing for placement on the general election ballot the names of |
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the candidates for president and vice-president who are entitled to |
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have their names placed on the ballot. |
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(c) A candidate's name may not be certified if, before |
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delivering the certification, the secretary of state: |
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(1) learns that the name is to be omitted from the |
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ballot under Subchapter C; or |
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(2) determines that the candidate does not possess the |
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qualifications required by Section 192.031(a)(1) or 192.032(a)(2) |
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or (3). |
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SECTION 5. Section 192.036(b), Election Code, is amended to |
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read as follows: |
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(b) A declaration of write-in candidacy for president must |
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satisfy the requirements prescribed by Sections 192.032(a) and (b) |
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[Section 192.032(b)] for an independent presidential candidate's |
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application for a place on the ballot, except that a petition is not |
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required. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |