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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. The heading to
Section 145.036, Election Code, is amended to read as follows:
Sec. 145.036. FILLING
VACANCY IN NOMINATION: GENERAL RULE.
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SECTION 1. Section 145.036,
Election Code, is amended to read as follows:
Sec. 145.036. FILLING
VACANCY IN NOMINATION BY SPECIAL PRIMARY ELECTION. (a) Except as
provided by Subsection (b), if a candidate's name is to be omitted from the
ballot under Section 145.035, the political party shall conduct a special primary election in accordance
with Section 172.005 [party's
state, district, county, or precinct executive committee, as appropriate
for the particular office, may nominate a replacement candidate]
to fill the vacancy in the nomination.
(b)
A political party [An executive committee] may conduct a
special primary election [make a replacement nomination]
following a withdrawal only if:
(1)
the candidate:
(A)
withdraws because of a catastrophic illness that was diagnosed after the
first day after the date of the regular filing deadline for the general
primary election and the illness would permanently and continuously
incapacitate the candidate and prevent the candidate from performing the
duties of the office sought; and
(B)
files with the withdrawal request a certificate describing the illness and
signed by at least two licensed physicians;
(2)
no political party that held primary elections has a nominee for the office
sought by the withdrawing candidate as of the time of the withdrawal; or
(3)
the candidate has been elected or appointed to fill a vacancy in another
elective office or has become the nominee for another office.
(c)
Under the circumstances described by Subsection (b)(2), [the appropriate
executive committee of] each political party making nominations for the
general election for state and county officers may hold a special
primary election [make a replacement nomination] for the office
sought by the withdrawing candidate.
(See Sec. 145.036(d)
below.)
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SECTION 2. Section
145.036(a), Election Code, is amended to read as follows:
(a) Except as provided by
Subsection (b), if a candidate's name is to be omitted from the ballot
under Section 145.035 and Section
145.0361 does not apply,
the political party's state, district,
county, or precinct executive committee, as appropriate for the particular
office, may nominate a replacement candidate to fill the vacancy in
the nomination.
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(d) A special primary
election held to fill a vacancy in a nomination shall be ordered by:
(1) the state chair of
the political party if the vacancy in nomination is for a statewide or
district office; or
(2) the county chair of
the political party if the vacancy in nomination is for a county or
precinct office. [For the purpose
of filling a vacancy, a majority of the committee's membership constitutes
a quorum. To be nominated, a person must receive a favorable vote of a
majority of the members present.]
[(e)
A vacancy in a nomination for a district, county, or precinct office that
was made by primary election may not be filled before the beginning of the
term of office of the county executive committee members elected in the
year in which the vacancy occurs.]
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SECTION 3. Subchapter B,
Chapter 145, Election Code, is amended by adding Section 145.0361 to read
as follows:
Sec. 145.0361. FILLING VACANCY IN NOMINATION CAUSED BY DEATH OF
CANDIDATE IN UNOPPOSED RACE. (a) If a candidate's name is to be omitted
from the ballot under Section 145.035 because of the candidate's death and
the candidate would have been unopposed in the general election, the
political party shall conduct a special primary election in accordance with
Section 172.005 to fill the vacancy in the party's nomination of a
candidate for the general election.
(b) A special primary
election held to fill a vacancy in a nomination under this section shall be ordered by:
(1) the state chair of
the political party if the vacancy in nomination is for a statewide or
district office; or
(2) the county chair of
the political party if the vacancy in nomination is for a county or
precinct office.
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SECTION 2. Sections
145.037(a), (c), and (e), Election Code, are amended to read as follows:
(a) For the name of a
replacement nominee chosen at a
special primary election to be placed on the general election
ballot, the chair ordering the special primary election [of the executive committee making the
replacement nomination] must certify in writing the nominee's
name for placement on the ballot as provided by this section.
(c) In addition to the name
of the replacement nominee, the certification must include:
(1) the replacement
nominee's residence address and mailing address, if different from the
residence address;
(2) the name of the original
nominee;
(3) the office sought,
including any place number or other distinguishing number;
(4) the cause of the
vacancy; and
(5) the date and result
of the special primary election [an
identification of the executive committee making the replacement
nomination; and
[(6)
the date of the replacement nomination].
(e) The certification must
be delivered not later than 5 p.m. of the 71st day before election day or
as soon as practicable after that time.
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SECTION 4. Sections
145.037(a), (c), and (e), Election Code, are amended to read as follows:
(a) For the name of a
replacement nominee to be placed on the general election ballot, the chair of the executive committee making the
replacement nomination or ordering the special primary
election must certify in writing the nominee's name for placement on
the ballot as provided by this section.
(c) In addition to the name
of the replacement nominee, the certification must include:
(1) the replacement
nominee's residence address and mailing address, if different from the
residence address;
(2) the name of the original
nominee;
(3) the office sought,
including any place number or other distinguishing number;
(4) the cause of the
vacancy;
(5) the date and result
of the special primary election or an identification of the executive committee
making the replacement nomination, as applicable; and
(6)
the date of the replacement nomination, if applicable.
(e) The certification must
be delivered not later than 5 p.m. of the 71st day before election day or
as soon as practicable after that time.
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No
equivalent provision.
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SECTION 5. Section
145.038(a), Election Code, is amended to read as follows:
(a) If a political party's
district executive committee is required [fails] to nominate
a replacement candidate to fill a vacancy in a nomination for a district
office under Section 145.036 and fails to do so, the state executive
committee may nominate a candidate to fill the vacancy.
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No
equivalent provision.
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SECTION 6. Section
171.054(e), Election Code, is amended to read as follows:
(e) For the purposes of
filling a vacancy in a nomination under Section 145.036, the state
chair shall canvass the votes of the district executive committee when
meeting separately in each county and make the certification required by
Section 145.037.
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SECTION 3. Subchapter A,
Chapter 172, Election Code, is amended by adding Section 172.005 to read as
follows:
Sec. 172.005. SPECIAL
PRIMARY ELECTION. (a) The state executive committee of each political
party holding a primary election shall adopt rules for the holding of a
special primary election to fill a vacancy in a nomination under Section 145.036. To the extent
possible, the rules shall incorporate the provisions of this chapter and
shall provide for a ranking system of candidates so that the majority vote
requirement can be met through a single election.
(b) A special primary
election is not subject to the requirements of Section 41.001(a).
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SECTION 7. Subchapter A,
Chapter 172, Election Code, is amended by adding Section 172.005 to read as
follows:
Sec. 172.005. SPECIAL
PRIMARY ELECTION. (a) The state executive committee of each political
party holding a primary election shall adopt rules for the holding of a
special primary election to fill a vacancy in a nomination under Section 145.0361. To the extent
possible, the rules shall incorporate the provisions of this chapter and
shall provide for a ranking system of candidates so that the majority vote
requirement can be met through a single election.
(b) A special primary
election is not subject to the requirements of Section 41.001(a).
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SECTION 4. Section
572.027(d), Government Code, is amended to read as follows:
(d) An individual nominated
to fill a vacancy in a nomination as a candidate for a position as an
elected officer under Chapter 145, Election Code, shall file the financial
statement not later than the 15th day after the date the certificate of
nomination required by Section 145.037 [or 145.038], Election Code,
is filed.
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No
equivalent provision.
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SECTION 5. Sections 145.038
and 171.054(e), Election Code, are repealed.
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No
equivalent provision.
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SECTION 6. This Act takes
effect September 1, 2017.
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SECTION 8. Same as introduced
version.
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