BILL ANALYSIS

 

 

Senate Research Center

H.B. 1067

86R3196 ATP-D

By: Ashby (Schwertner)

 

State Affairs

 

4/27/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 1067 amends current law relating to the omission of a deceased candidate from the ballot in certain elections.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 145.096(a), Election Code, to require a candidate's name, except as provided by Subsection (b) or Section 145.098(b), rather than as provided by Subsection (b), to be placed on the ballot if the candidate meets certain criteria.

 

SECTION 2. Amends Section 145.098, Election Code, as follows:

 

Sec. 145.098. New heading: WITHDRAWAL OR DEATH OF CANDIDATE BEFORE BALLOTS ARE PREPARED. (a) Creates this subsection from existing text and makes no further changes to this subsection.

 

(b) Authorizes the authority responsible for preparing ballots, if a candidate dies on or after the second day before the deadline for filing an application for a place on a ballot and before the ballots are prepared, to choose to omit the candidate from the ballot.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: upon passage or September 1, 2019.