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AN ACT
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relating to requirements relating to an application for a place on |
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the ballot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.032(c), Election Code, is amended to |
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read as follows: |
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(c) If an application is accompanied by a petition, the |
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petition is considered part of the application, and the review |
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shall be completed as soon as practicable after the date the |
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application is received by the authority. However, the petition is |
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not considered part of the application for purposes of determining |
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compliance with the requirements applicable to each document, and a |
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deficiency in the requirements for one document may not be remedied |
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by the contents of the other document. Unless the petition is |
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challenged, the authority is only required to review the petition |
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for facial compliance with the applicable requirements as to form, |
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content, and procedure. |
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SECTION 2. Section 141.034, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) An application for a place on the ballot may not be |
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challenged for compliance with the applicable requirements as to |
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form, content, and procedure after the day before any ballot to be |
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voted early by mail is mailed to an address in the authority's |
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jurisdiction [the beginning of early voting by personal appearance] |
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for the election for which the application is made. |
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(c) A challenge must state with specificity how the |
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application does not comply with the applicable requirements as to |
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form, content, and procedure. The authority's review of the |
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challenge is limited to the specific items challenged and any |
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response filed with the authority by the challenged candidate. |
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SECTION 3. Section 172.021, Election Code, is amended by |
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adding Subsections (e) and (g) to read as follows: |
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(e) A candidate for an office specified by Section |
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172.024(a)(8), (10), or (12), or for justice of the peace in a |
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county with a population of more than 1.5 million, who chooses to |
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pay the filing fee must also accompany the application with a |
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petition for a place on the primary ballot as a candidate for |
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judicial office that complies with the requirements prescribed for |
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the petition authorized by Subsection (b), except that the minimum |
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number of signatures that must appear on the petition required by |
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this subsection is 250. If the candidate chooses to file the |
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petition authorized by Subsection (b) in lieu of the filing fee, the |
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minimum number of signatures required for that petition is |
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increased by 250. Signatures on a petition filed under this |
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subsection or Subsection (b) by a candidate covered by this |
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subsection may not be obtained on the grounds of a county courthouse |
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or courthouse annex. |
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(g) A candidate for the office of chief justice or justice, |
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supreme court, or presiding judge or judge, court of criminal |
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appeals, who chooses to pay the filing fee must also accompany the |
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application with a petition that complies with the requirements |
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prescribed for a petition authorized by Subsection (b), except that |
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the minimum number of signatures that must appear on the petition |
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required by this subsection is 50 from each court of appeals |
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district. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 44 passed the Senate on |
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February 28, 2017, by the following vote: Yeas 31, Nays 0; and |
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that the Senate concurred in House amendments on May 16, 2017, by |
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the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 44 passed the House, with |
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amendments, on May 9, 2017, by the following vote: Yeas 144, |
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Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |