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A BILL TO BE ENTITLED
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AN ACT
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relating to the omission of a deceased candidate from the ballot in |
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certain elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 145.096(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b) or Section |
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145.098(b), a candidate's name shall be placed on the ballot if the |
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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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SECTION 2. Section 145.098, Election Code, is amended to |
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read as follows: |
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Sec. 145.098. WITHDRAWAL OR DEATH OF CANDIDATE BEFORE |
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BALLOTS ARE PREPARED. (a) If a candidate files a withdrawal |
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request after the deadline prescribed by Section 145.092, and the |
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candidate complies with each requirement under Section 145.001 |
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except that the candidate's filing to withdraw is untimely, the |
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authority responsible for preparing the ballots may choose to omit |
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the candidate from the ballot if the ballots have not been prepared |
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at the time the candidate files the withdrawal request. |
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(b) If a candidate dies on or after the second day before the |
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deadline for filing an application for a place on the ballot and |
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before the ballots are prepared, the authority responsible for |
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preparing the ballots may choose to omit the candidate from the |
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ballot. |
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SECTION 3. The changes in law made by this Act apply only to |
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an election for which an application for a place on the ballot is |
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due on or after the effective date of this Act. |
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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, 2019. |