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A BILL TO BE ENTITLED
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AN ACT
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relating to placing the name of a withdrawn, deceased, or |
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ineligible candidate for public office 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 145.035, Election Code, is amended to |
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read as follows: |
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Sec. 145.035. PLACEMENT OF WITHDRAWN, DECEASED, OR |
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INELIGIBLE CANDIDATE'S NAME ON [OMITTED FROM] BALLOT. (a) A |
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candidate's name shall be omitted from the ballot if the candidate |
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withdraws, dies, or is declared ineligible on or before the 74th day |
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before election day. |
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SECTION 2. Section 145.039, Election Code, is transferred |
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to Section 145.035, Election Code, redesignated as Section |
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145.035(b), and amended to read as follows: |
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(b) [Sec. 145.039.
DECEASED OR INELIGIBLE CANDIDATE'S NAME
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TO APPEAR ON GENERAL ELECTION BALLOT.] If a candidate dies or is |
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declared ineligible after the 74th day before election day, the |
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candidate's name shall be placed on the ballot. |
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SECTION 3. Section 145.035, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The secretary of state by rule may establish a procedure |
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for issuing a certified notice to voters on election day that a |
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candidate whose name is printed on the ballot has withdrawn, died, |
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or been declared ineligible. |
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SECTION 4. The heading to Section 145.064, Election Code, |
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is amended to read as follows: |
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Sec. 145.064. PLACEMENT OF WITHDRAWN, DECEASED, OR |
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INELIGIBLE CANDIDATE'S NAME ON [OMITTED FROM] BALLOT. |
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SECTION 5. Section 145.065, Election Code, is transferred |
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to Section 145.064, Election Code, redesignated as Section |
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145.064(c), and amended to read as follows: |
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(c) [Sec. 145.065.
DECEASED OR INELIGIBLE CANDIDATE'S NAME
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TO APPEAR ON GENERAL ELECTION BALLOT.] If a candidate dies or is |
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declared ineligible after the 74th day before election day, the |
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candidate's name shall be placed on the ballot. |
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SECTION 6. Section 145.064, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The secretary of state by rule may establish a procedure |
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for issuing a certified notice to voters on election day that a |
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candidate whose name is printed on the ballot has withdrawn, died, |
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or been declared ineligible. |
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SECTION 7. Section 145.094, Election Code, is amended to |
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read as follows: |
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Sec. 145.094. PLACEMENT OF WITHDRAWN, DECEASED, OR |
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INELIGIBLE CANDIDATE'S NAME ON [OMITTED FROM] BALLOT. (a) Except |
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as provided by Subsection (c), the [The] name of a candidate shall |
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be omitted from the ballot if the candidate: |
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(1) dies before the second day before the date of the |
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deadline for filing the candidate's application for a place on the |
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ballot; |
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(2) withdraws or is declared ineligible within the |
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time prescribed by Section 145.092(a), in an election subject to |
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that section; |
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(3) withdraws or is declared ineligible within the |
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time prescribed by Section 145.092(b), in an election subject to |
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that section; or |
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(4) withdraws or is declared ineligible before 5 p.m. |
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of the 71st day before election day, in an election subject to |
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Section 145.092(f). |
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(b) Except as provided by Subsection (c), a candidate's name |
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shall be placed on the ballot if the candidate: |
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(1) dies on or after the second day before the deadline |
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for filing the candidate's application for a place on the ballot; |
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(2) is declared ineligible after 5 p.m. of the fifth |
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day after the deadline for filing the candidate's application for a |
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place on the ballot, in an election subject to Section 145.092(a); |
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(3) is declared ineligible after 5 p.m. of the 57th day |
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before election day, in an election subject to Section 145.092(b); |
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or |
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(4) is declared ineligible after 5 p.m. of the 71st day |
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before election day, in an election subject to Section 145.092(f). |
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(c) If a candidate in a runoff election dies or is declared |
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ineligible before runoff election day, the candidate's name shall |
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be placed on the runoff election ballot. |
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(d) The secretary of state by rule may establish a procedure |
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for issuing a certified notice to voters on election day that a |
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candidate whose name is printed on the ballot has withdrawn, died, |
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or been declared ineligible [This section does not apply to a runoff
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election]. |
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SECTION 8. Section 172.057, Election Code, is amended to |
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read as follows: |
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Sec. 172.057. PLACEMENT OF WITHDRAWN, DECEASED, OR |
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INELIGIBLE CANDIDATE'S NAME ON [OMITTED FROM] GENERAL PRIMARY |
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BALLOT. (a) A candidate's name shall be omitted from the general |
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primary election ballot if the candidate withdraws, dies, or is |
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declared ineligible on or before the first day after the date of the |
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regular filing deadline. |
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(b) If a candidate who has made an application for a place on |
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the general primary election ballot that complies with the |
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applicable requirements dies or is declared ineligible after the |
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first day after the date of the regular filing deadline, the |
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candidate's name shall be placed on the ballot. |
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(c) The secretary of state by rule may establish a procedure |
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for issuing a certified notice to voters on election day that a |
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candidate whose name is printed on the ballot has withdrawn, died, |
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or been declared ineligible. |
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SECTION 9. The heading to Section 172.058, Election Code, |
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is amended to read as follows: |
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Sec. 172.058. EFFECT OF VOTES CAST FOR DECEASED OR |
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INELIGIBLE CANDIDATE [CANDIDATE'S NAME TO APPEAR ON GENERAL PRIMARY
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BALLOT]. |
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SECTION 10. Section 172.058(a), Election Code, is amended |
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to read as follows: |
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(a) If the [a candidate who has made an application for a
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place on the general primary election ballot that complies with the
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applicable requirements dies or is declared ineligible after the
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first day after the date of the regular filing deadline, the
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candidate's] name of a deceased or ineligible candidate is [shall
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be] placed on the ballot, [and] the votes cast for the candidate |
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shall be counted and entered on the official election returns in the |
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same manner as for the other candidates. |
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SECTION 11. Section 145.096, Election Code, is repealed. |
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SECTION 12. This Act takes effect September 1, 2017. |