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A BILL TO BE ENTITLED
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AN ACT
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relating to filling certain vacancies in nomination by special |
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primary election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 145.036, Election Code, |
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is amended to read as follows: |
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Sec. 145.036. FILLING VACANCY IN NOMINATION: GENERAL RULE. |
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SECTION 2. Section 145.036(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), if a candidate's |
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name is to be omitted from the ballot under Section 145.035 and |
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Section 145.0361 does not apply, the political party's state, |
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district, county, or precinct executive committee, as appropriate |
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for the particular office, may nominate a replacement candidate to |
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fill the vacancy in the nomination. |
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SECTION 3. Subchapter B, Chapter 145, Election Code, is |
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amended by adding Section 145.0361 to read as follows: |
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Sec. 145.0361. FILLING VACANCY IN NOMINATION CAUSED BY |
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DEATH OF CANDIDATE IN UNOPPOSED RACE. (a) If a candidate's name is |
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to be omitted from the ballot under Section 145.035 because of the |
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candidate's death and the candidate would have been unopposed in |
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the general election, the political party shall conduct a special |
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primary election in accordance with Section 172.005 to fill the |
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vacancy in the party's nomination of a candidate for the general |
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election. |
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(b) A special primary election held to fill a vacancy in a |
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nomination under this section shall be ordered by: |
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(1) the state chair of the political party if the |
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vacancy in nomination is for a statewide or district office; or |
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(2) the county chair of the political party if the |
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vacancy in nomination is for a county or precinct office. |
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SECTION 4. Sections 145.037(a), (c), and (e), Election |
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Code, are amended to read as follows: |
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(a) For the name of a replacement nominee to be placed on the |
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general election ballot, the chair of the executive committee |
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making the replacement nomination or ordering the special primary |
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election must certify in writing the nominee's name for placement |
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on the ballot as provided by this section. |
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(c) In addition to the name of the replacement nominee, the |
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certification must include: |
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(1) the replacement nominee's residence address and |
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mailing address, if different from the residence address; |
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(2) the name of the original nominee; |
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(3) the office sought, including any place number or |
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other distinguishing number; |
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(4) the cause of the vacancy; |
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(5) the date and result of the special primary |
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election or an identification of the executive committee making the |
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replacement nomination, as applicable; and |
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(6) the date of the replacement nomination, if |
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applicable. |
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(e) The certification must be delivered not later than 5 |
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p.m. of the 71st day before election day or as soon as practicable |
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after that time. |
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SECTION 5. Section 145.038(a), Election Code, is amended to |
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read as follows: |
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(a) If a political party's district executive committee is |
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required [fails] to nominate a replacement candidate to fill a |
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vacancy in a nomination for a district office under Section 145.036 |
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and fails to do so, the state executive committee may nominate a |
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candidate to fill the vacancy. |
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SECTION 6. Section 171.054(e), Election Code, is amended to |
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read as follows: |
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(e) For the purposes of filling a vacancy in a nomination |
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under Section 145.036, the state chair shall canvass the votes of |
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the district executive committee when meeting separately in each |
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county and make the certification required by Section 145.037. |
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SECTION 7. Subchapter A, Chapter 172, Election Code, is |
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amended by adding Section 172.005 to read as follows: |
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Sec. 172.005. SPECIAL PRIMARY ELECTION. (a) The state |
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executive committee of each political party holding a primary |
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election shall adopt rules for the holding of a special primary |
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election to fill a vacancy in a nomination under Section 145.0361. |
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To the extent possible, the rules shall incorporate the provisions |
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of this chapter and shall provide for a ranking system of candidates |
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so that the majority vote requirement can be met through a single |
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election. |
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(b) A special primary election is not subject to the |
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requirements of Section 41.001(a). |
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SECTION 8. This Act takes effect September 1, 2017. |