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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. 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 2. Section 192.033(c), Election Code, is amended to |
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read as follows: |
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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, for a candidate nominated by a |
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political party, the party has failed to submit a complete copy of |
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the candidate's application for a place on the ballot or has |
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incorrectly certified the candidate as possessing the |
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qualifications prescribed by federal law for the office sought. |
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SECTION 3. 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, 2015. |