| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requirements relating to an application for a place on |
|
|
the ballot. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 141.032(c), Election Code, is amended to |
|
|
read as follows: |
|
|
(c) If an application is accompanied by a petition, the |
|
|
petition is considered part of the application, and the review |
|
|
shall be completed as soon as practicable after the date the |
|
|
application is received by the authority. However, the petition is |
|
|
not considered part of the application for purposes of determining |
|
|
compliance with the requirements applicable to each document, and a |
|
|
deficiency in the requirements for one document may not be remedied |
|
|
by the contents of the other document. Unless the petition is |
|
|
challenged, the authority is only required to review the petition |
|
|
for facial compliance with the applicable requirements as to form, |
|
|
content, and procedure. |
|
|
SECTION 2. Section 141.034, Election Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(a) An application for a place on the ballot may not be |
|
|
challenged for compliance with the applicable requirements as to |
|
|
form, content, and procedure after the day before any ballot to be |
|
|
voted early by mail is mailed to an address in the authority's |
|
|
jurisdiction [the beginning of early voting by personal appearance] |
|
|
for the election for which the application is made. |
|
|
(c) A challenge must state with specificity how the |
|
|
application does not comply with the applicable requirements as to |
|
|
form, content, and procedure. The authority's review of the |
|
|
challenge is limited to the specific items challenged and any |
|
|
response filed with the authority by the challenged candidate. |
|
|
SECTION 3. Section 172.021, Election Code, is amended by |
|
|
adding Subsections (e) and (g) to read as follows: |
|
|
(e) A candidate for an office specified by Section |
|
|
172.024(a)(8), (10), or (12), or for justice of the peace in a |
|
|
county with a population of more than 1.5 million, who chooses to |
|
|
pay the filing fee must also accompany the application with a |
|
|
petition for a place on the primary ballot as a candidate for |
|
|
judicial office that complies with the requirements prescribed for |
|
|
the petition authorized by Subsection (b), except that the minimum |
|
|
number of signatures that must appear on the petition required by |
|
|
this subsection is 250. If the candidate chooses to file the |
|
|
petition authorized by Subsection (b) in lieu of the filing fee, the |
|
|
minimum number of signatures required for that petition is |
|
|
increased by 250. Signatures on a petition filed under this |
|
|
subsection or Subsection (b) by a candidate covered by this |
|
|
subsection may not be obtained on the grounds of a county courthouse |
|
|
or courthouse annex. |
|
|
(g) A candidate for the office of chief justice or justice, |
|
|
supreme court, or presiding judge or judge, court of criminal |
|
|
appeals, who chooses to pay the filing fee must also accompany the |
|
|
application with a petition that complies with the requirements |
|
|
prescribed for a petition authorized by Subsection (b), except that |
|
|
the minimum number of signatures that must appear on the petition |
|
|
required by this subsection is 50 from each court of appeals |
|
|
district. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |