84R4357 ATP-F

By: Rodriguez of Travis H.B. No. 3110

A BILL TO BE ENTITLED

AN ACT

relating to information regarding candidates provided by a political party to the secretary of state.

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

SECTION 1. Section 141.031(a), Election Code, is amended to read as follows:

(a) A candidate's application for a place on the ballot that is required by this code must:

(1) be in writing;

(2) be signed and sworn to by the candidate and indicate the date that the candidate swears to the application;

(3) be timely filed with the appropriate authority; and

(4) include:

(A) the candidate's name;

(B) the candidate's occupation;

(C) the office sought, including any place number or other distinguishing number;

(D) an indication of whether the office sought is to be filled for a full or unexpired term if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers;

(E) a statement that the candidate is a United States citizen;

(F) a statement that the candidate has not been determined by a final judgment of a court exercising probate jurisdiction to be:

(i) totally mentally incapacitated; or

(ii) partially mentally incapacitated without the right to vote;

(G) a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities;

(H) the candidate's date of birth;

(I) the candidate's residence address or, if the residence has no address, the address at which the candidate receives mail and a concise description of the location of the candidate's residence;

(J) the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application;

(K) the statement: "I, __________, of __________ County, Texas, being a candidate for the office of __________, swear that I will support and defend the constitution and laws of the United States and of the State of Texas"; [and]

(L) a statement that the candidate is aware of the nepotism law, Chapter 573, Government Code;

(M) a mailing address and any available electronic mail address at which the candidate receives correspondence relating to the candidate's campaign; and

(N) if the candidate maintains a campaign-related website, the website address.

SECTION 2. Section 172.029, Election Code, is transferred to Chapter 161, Election Code, redesignated as Section 161.011, Election Code, and amended to read as follows:

Sec. 161.011 [172.029]. SUBMISSION AND COMPILATION OF INFORMATION PERTAINING TO CANDIDATES. (a) A state chair and each county chair of a political party nominating candidates by primary election under Chapter 172 or by convention under Chapter 181 [For each general primary election, the state chair and each county chair] shall electronically submit the following information:

(1) the name of each candidate who files an application for a place on the ballot with the chair, including an application for the office of a political party;

(2) the name of each candidate who is certified under Section 172.028 or 181.068 [whose application meets the requirements of Section 172.021 and is accepted by the chair], as the name is to appear on the ballot;

(3) the candidate's address as shown on the application;

(4) the date on which the candidate filed the application; [and]

(5) the candidate's campaign mailing address and any electronic mail address shown on the application; and

(6) any additional information required by the secretary of state.

(b) The secretary of state shall continuously maintain an online database of information submitted under this section. The database must be accessible by the county and precinct chairs of the party that submitted the information. Any changes in the party's county or precinct chairs shall be reported to the secretary of state. The secretary of state shall adopt rules to implement this section, including rules regarding the public availability of information submitted under this section.

(c) The secretary of state may by rule prescribe a deadline by which the state chair must deliver the chair's submission regarding a candidate to the secretary of state, and each county chair shall deliver a copy of the chair's submission regarding a candidate to the county clerk, the state chair, and the secretary of state when the chair accepts the application. The secretary of state may by rule prescribe a deadline for the delivery of a submission under this subsection.

(d) The secretary of state shall be notified if a candidate withdraws, dies, or is declared ineligible, or if the candidate's application is determined not to comply with the applicable requirements. The secretary of state shall adopt rules implementing this subsection.

(e) The secretary of state shall:

(1) archive, publicly display, and keep available for inspection a list of all candidates for whom information has been submitted under this section; and

(2) prescribe rules for:

(A) submitting the list electronically; and

(B) the maintenance and accessibility of information provided under this section to enable an entity responsible for printing the ballot for a general primary election, runoff primary election, or general election to use the list to create and print the ballots [methodology for distribution to each county clerk and state chair].

(f) A state chair and each county chair of a political party nominating candidates by primary election under Chapter 172 shall electronically submit to the secretary of state:

(1) the names of the candidates certified as winning the general primary election;

(2) the names of the candidates that will appear on the runoff primary election ballot; and

(3) the names of the candidates certified as winning the runoff primary election.

SECTION 3. This Act takes effect September 1, 2015.