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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility requirements for public office and to the |
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form of an application for a place on the ballot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Felon Candidacy |
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Disambiguation Act. |
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SECTION 2. Section 141.001(a), Election Code, is amended to |
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read as follows: |
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(a) To be eligible to be a candidate for, or elected or |
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appointed to, a public elective office in this state, a person must: |
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(1) be a United States citizen; |
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(2) be 18 years of age or older on the first day of the |
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term to be filled at the election or on the date of appointment, as |
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applicable; |
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(3) have not been determined by a final judgment of a |
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court exercising probate jurisdiction to be: |
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(A) totally mentally incapacitated; or |
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(B) partially mentally incapacitated without the |
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right to vote; |
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(4) have not been finally convicted of a felony for |
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[from] which the person has not provided documentation under |
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Section 141.031(e) that the person has been pardoned or otherwise |
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released from the resulting disabilities; |
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(5) have resided continuously in the state for 12 |
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months and in the territory from which the office is elected for six |
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months immediately preceding the following date: |
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(A) for a candidate whose name is to appear on a |
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general primary election ballot, the date of the regular filing |
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deadline for a candidate's application for a place on the ballot; |
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(B) for an independent candidate, the date of the |
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regular filing deadline for a candidate's application for a place |
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on the ballot; |
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(C) for a write-in candidate, the date of the |
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election at which the candidate's name is written in; |
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(D) for a party nominee who is nominated by any |
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method other than by primary election, the date the nomination is |
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made; and |
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(E) for an appointee to an office, the date the |
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appointment is made; |
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(6) on the date described by Subdivision (5), be |
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registered to vote in the territory from which the office is |
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elected; and |
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(7) satisfy any other eligibility requirements |
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prescribed by law for the office. |
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SECTION 3. Section 141.031, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) In support of the statement required by Subsection |
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(a)(4)(G), a candidate shall provide a certified copy of the |
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candidate's pardon or other documentation evincing removal of |
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disability. |
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SECTION 4. Section 141.039, Election Code, is amended to |
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read as follows: |
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Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to |
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the other statements and spaces for entering information that |
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appear on an officially prescribed form for an application for a |
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place on the ballot, each official form for an application that a |
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candidate is required to file under this code must include: |
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(1) a space for indicating the form in which the |
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candidate's name is to appear on the ballot; |
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(2) a space for the candidate's public mailing |
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address; |
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(3) spaces for the candidate's home and office |
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telephone numbers and e-mail address at which the candidate |
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receives correspondence relating to the candidate's campaign; |
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[and] |
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(4) a statement informing candidates that the |
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furnishing of the telephone numbers is optional; and |
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(5) a notice adjacent to the statement required by |
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Section 141.031(a)(4)(G), printed in boldfaced type and capital |
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letters, that reads: "RESTORATION OF VOTING RIGHTS IS NOT THE SAME |
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AS REMOVAL OF DISABILITY FOR PURPOSES OF SATISFYING ELIGIBILITY |
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REQUIREMENTS FOR PUBLIC OFFICE.". |
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SECTION 5. This Act takes effect September 1, 2021. |