85R11522 JRJ-D
 
  By: Bell H.B. No. 204
 
  Substitute the following for H.B. No. 204:
 
  By:  Laubenberg C.S.H.B. No. 204
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to placing the name of a deceased or ineligible candidate
  for public office on the ballot.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 145.039, Election Code, is amended to
  read as follows:
         Sec. 145.039.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
  APPEAR ON GENERAL ELECTION BALLOT. (a)  If a candidate dies or is
  declared ineligible after the 74th day before election day, the
  candidate's name shall be placed on the ballot.
         (b)  The secretary of state by rule may establish a procedure
  for issuing a certified notice to voters, to be included in the
  balloting materials for early voting by mail and given to each voter
  at each polling place during the early voting period and on election
  day, that a candidate whose name is printed on the ballot has died
  or been declared ineligible.
         SECTION 2.  Section 145.065, Election Code, is amended to
  read as follows:
         Sec. 145.065.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
  APPEAR ON GENERAL ELECTION BALLOT. (a)  If a candidate dies or is
  declared ineligible after the 74th day before election day, the
  candidate's name shall be placed on the ballot.
         (b)  The secretary of state by rule may establish a procedure
  for issuing a certified notice to voters, to be included in the
  balloting materials for early voting by mail and given to each voter
  at each polling place during the early voting period and on election
  day, that a candidate whose name is printed on the ballot has died
  or been declared ineligible.
         SECTION 3.  Section 145.096, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The secretary of state by rule may establish a procedure
  for issuing a certified notice to voters, to be included in the
  balloting materials for early voting by mail and given to each voter
  at each polling place during the early voting period and on election
  day, that a candidate whose name is printed on the ballot has died
  or been declared ineligible.
         SECTION 4.  Section 172.058, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The secretary of state by rule may establish a procedure
  for issuing a certified notice to voters, to be included in the
  balloting materials for early voting by mail and given to each voter
  at each polling place during the early voting period and on election
  day, that a candidate whose name is printed on the ballot has died
  or been declared ineligible.
         SECTION 5.  Section 172.060, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The secretary of state by rule may establish a procedure
  for issuing a certified notice to voters, to be included in the
  balloting materials for early voting by mail and given to each voter
  at each polling place during the early voting period and on election
  day, that a candidate whose name is printed on the ballot has died
  or been declared ineligible.
         SECTION 6.  Section 232.045, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The secretary of state by rule may establish a procedure
  for issuing a certified notice to voters, to be included in the
  balloting materials for early voting by mail and given to each voter
  at each polling place during the early voting period and on election
  day, that a candidate whose name is printed on the ballot has died
  or been declared ineligible.
         SECTION 7.  This Act takes effect September 1, 2017.