83R5087 ATP-D
 
  By: Zedler H.B. No. 650
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of presidential and vice-presidential
  candidates to be placed on the ballot.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 192, Election Code, is
  amended by adding Section 192.0301 to read as follows:
         Sec. 192.0301.  UNIFORM APPLICATION FOR PRESIDENTIAL AND
  VICE-PRESIDENTIAL CANDIDATES. (a)  The secretary of state shall
  prescribe an official application for a place on the ballot, which
  must be used by a candidate for president or vice-president,
  regardless of the authority with whom the application is filed.
         (b)  The application must require a candidate to provide:
               (1)  the candidate's date of birth;
               (2)  the candidate's length of residence in the United
  States;
               (3)  an affirmation of the candidate's natural-born
  United States citizen status;
               (4)  authorization for the secretary of state to obtain
  a certified copy of the candidate's birth certificate from the
  original issuing authority; and
               (5)  for the applicable candidate for president, the
  consent of the candidate for vice-president to be the running mate
  of the candidate.
         (c)  An application made under this section is a public
  record, as provided by Section 1.012.
         SECTION 2.  Section 192.031(a), Election Code, is amended to
  read as follows:
         (a)  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)  the party's state chair signs a written
  certification [of]:
                     (A)  of the names of the party's nominees for
  president and vice-president; [and]
                     (B)  of 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
                     (C)  that the party's nominees possess the
  qualifications for those offices prescribed by federal law;
               (3)  the party's state chair delivers the written
  certification with complete copies of the nominees' applications
  for a place on the ballot to the secretary of state before the later
  of:
                     (A)  5 p.m. of the 70th day before presidential
  election day; or
                     (B)  5 p.m. of the first business day after the
  date of final adjournment of the party's national presidential
  nominating convention; and
               (4)  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 3.  Section 192.032(a), Election Code, is amended to
  read as follows:
         (a)  To be entitled to a place on the general election
  ballot, an independent candidate for president of the United States
  must:
               (1)  make an application for a place on the ballot;
               (2)  possess the qualifications prescribed by federal
  law for the office of president; and
               (3)  provide for a running mate who possesses the
  qualifications prescribed by federal law for the office of
  vice-president.
         SECTION 4.  Sections 192.033(a) and (c), Election Code, are
  amended to read as follows:
         (a)  The secretary of state shall determine whether each
  candidate for president or vice-president possesses the
  qualifications for the office sought and, except [Except] as
  provided by Subsection (c), [the secretary of state] shall certify
  in writing for placement on the general election ballot the names of
  the candidates for president and vice-president who are entitled to
  have their names placed on the ballot.
         (c)  A candidate's name may not be certified if, before
  delivering the certification, the secretary of state:
               (1)  learns that the name is to be omitted from the
  ballot under Subchapter C; or
               (2)  determines that the candidate does not possess the
  qualifications required by Section 192.031(a)(1) or 192.032(a)(2)
  or (3).
         SECTION 5.  Section 192.036(b), Election Code, is amended to
  read as follows:
         (b)  A declaration of write-in candidacy for president must
  satisfy the requirements prescribed by Sections 192.032(a) and (b) 
  [Section 192.032(b)] for an independent presidential candidate's
  application for a place on the ballot, except that a petition is not
  required.
         SECTION 6.  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, 2013.