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A BILL TO BE ENTITLED
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AN ACT
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relating to the name used by a candidate on an application for a |
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place on the ballot and the form of a candidate's name on a ballot; |
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creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 52.031(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) In combination with the surname, a candidate may use one |
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or more of the following: |
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(1) a given name; |
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(2) a contraction or familiar form of a given name by |
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which the candidate is known; [or] |
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(3) an initial of a given name; or |
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(4) a name under which the candidate is known, if the |
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candidate has supplied the required affidavits under Section |
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141.031(e). |
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(c) A nickname of one unhyphenated word of not more than 10 |
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letters by which the candidate has been commonly known for at least |
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three years preceding the election may be used in combination with a |
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candidate's name. A nickname that constitutes a slogan or |
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otherwise indicates a political, economic, social, or religious |
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view or affiliation may not be used. A nickname may not be used |
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unless the candidate has complied with the requirements of Section |
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141.031(e) [executes and files with the application for a place on |
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the ballot an affidavit indicating that the nickname complies with |
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this subsection]. |
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SECTION 2. Section 141.031, Election Code, as effective |
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September 1, 2021, is amended by amending Subsection (a) and adding |
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Subsections (e) and (f) to read as follows: |
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(a) A candidate's application for a place on the ballot that |
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is required by this code must: |
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(1) be in writing; |
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(2) be signed and sworn to before a person authorized |
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to administer oaths in this state by the candidate and indicate the |
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date that the candidate swears to the application; |
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(3) be timely filed with the appropriate authority; |
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and |
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(4) include: |
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(A) the candidate's name, and if the candidate is |
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seeking to run under a name other than the candidate's surname |
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acquired by law or marriage and given name, or a contraction or |
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familiar form of a given name by which the candidate is known or an |
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initial of a given name, the affidavits required by Subsection (e); |
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(B) the candidate's occupation; |
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(C) the office sought, including any place number |
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or other distinguishing number; |
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(D) an indication of whether the office sought is |
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to be filled for a full or unexpired term if the office sought and |
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another office to be voted on have the same title but do not have |
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place numbers or other distinguishing numbers; |
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(E) a statement that the candidate is a United |
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States citizen; |
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(F) a statement that the candidate has not been |
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determined by a final judgment of a court exercising probate |
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jurisdiction to be: |
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(i) totally mentally incapacitated; or |
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(ii) partially mentally incapacitated |
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without the right to vote; |
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(G) an indication that the candidate has either |
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not been finally convicted of a felony or if so convicted has been |
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pardoned or otherwise released from the resulting disabilities; |
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(H) the candidate's date of birth; |
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(I) the candidate's residence address or, if the |
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residence has no address, the address at which the candidate |
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receives mail and a concise description of the location of the |
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candidate's residence; |
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(J) the candidate's length of continuous |
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residence in the state and in the territory from which the office |
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sought is elected as of the date the candidate swears to the |
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application; |
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(K) the statement: "I, __________, of __________ |
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County, Texas, being a candidate for the office of __________, |
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swear that I will support and defend the constitution and laws of |
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the United States and of the State of Texas"; |
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(L) a statement that the candidate is aware of |
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the nepotism law, Chapter 573, Government Code; and |
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(M) a public mailing address at which the |
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candidate receives correspondence relating to the candidate's |
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campaign, if available, and an electronic mail address at which the |
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candidate receives correspondence relating to the candidate's |
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campaign, if available. |
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(e) A candidate seeking to have placed on the ballot a name |
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other than the candidate's surname acquired by law or marriage and |
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given name, or a contraction or familiar form of a given name by |
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which the candidate is known or an initial of a given name, must |
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include with the application 50 affidavits, each: |
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(1) signed by a person eligible to vote in the election |
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for which the candidate is applying; and |
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(2) stating that the candidate is known to the person |
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signing the affidavit by the name under which the candidate is |
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seeking to run. |
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(f) A person who gives false information in order to acquire |
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the affidavits required by Subsection (e) or who induces a person to |
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sign a false affidavit submitted under Subsection (e) is liable to |
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the state for a civil penalty in an amount not to exceed $10,000. A |
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suit brought under this subsection shall be advanced for trial and |
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determined as expeditiously as possible. No postponement or |
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continuance shall be granted except for reasons considered |
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imperative by the court. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for a ballot to be voted by mail submitted on or |
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after the effective date of this Act. An application for a ballot |
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to be voted by mail submitted before the effective date of this Act |
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is governed by the law in effect when the application was submitted, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |