|
|
|
|
AN ACT
|
|
|
|
|
relating to the omission of a deceased candidate from the ballot in |
|
certain elections. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 145.096(a), Election Code, is amended to |
|
read as follows: |
|
(a) Except as provided by Subsection (b) or Section |
|
145.098(b), a candidate's name shall be placed on the ballot if the |
|
candidate: |
|
(1) dies on or after the second day before the deadline |
|
for filing the candidate's application for a place on the ballot; |
|
(2) is declared ineligible after 5 p.m. of the fifth |
|
day after the deadline for filing the candidate's application for a |
|
place on the ballot, in an election subject to Section 145.092(a); |
|
(3) is declared ineligible after 5 p.m. of the 57th day |
|
before election day, in an election subject to Section 145.092(b); |
|
or |
|
(4) is declared ineligible after 5 p.m. of the 71st day |
|
before election day, in an election subject to Section 145.092(f). |
|
SECTION 2. Section 145.098, Election Code, is amended to |
|
read as follows: |
|
Sec. 145.098. WITHDRAWAL OR DEATH OF CANDIDATE BEFORE |
|
BALLOTS ARE PREPARED. (a) If a candidate files a withdrawal |
|
request after the deadline prescribed by Section 145.092, and the |
|
candidate complies with each requirement under Section 145.001 |
|
except that the candidate's filing to withdraw is untimely, the |
|
authority responsible for preparing the ballots may choose to omit |
|
the candidate from the ballot if the ballots have not been prepared |
|
at the time the candidate files the withdrawal request. |
|
(b) If a candidate dies on or before the deadline for filing |
|
an application for a place on the ballot: |
|
(1) the authority responsible for preparing the |
|
ballots may choose to omit the candidate from the ballot; and |
|
(2) if the authority omits the candidate's name under |
|
Subdivision (1), the filing deadline for an application for a place |
|
on the ballot for the office sought by the candidate is extended |
|
until the fifth day after the filing deadline. |
|
SECTION 3. The changes in law made by this Act apply only to |
|
an election for which an application for a place on the ballot is |
|
due on or after the effective date of this Act. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1067 was passed by the House on April |
|
2, 2019, by the following vote: Yeas 141, Nays 5, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1067 on May 10, 2019, by the following vote: Yeas 104, Nays 2, |
|
1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1067 was passed by the Senate, with |
|
amendments, on May 8, 2019, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |