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A BILL TO BE ENTITLED
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AN ACT
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relating to the address of a candidate on an application for a place |
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on the ballot; creating a civil penalty; creating a criminal |
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offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.031, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (e), (f), and (g) to |
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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; |
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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) a statement that the candidate has not been |
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finally convicted of a felony from which the candidate has not 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 and the affidavit required by Subsection (e) |
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verifying the candidate's address; |
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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 must submit with an application under this |
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section an affidavit stating that the candidate lives at the |
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residence address listed on the application form. |
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(f) A person who knowingly gives false information on an |
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affidavit submitted under Subsection (e) commits an offense. An |
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offense under this subsection is a felony of the third degree. |
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(g) A person who gives false information on an affidavit |
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submitted under Subsection (e) is liable to the state for a civil |
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penalty in an amount not to exceed $10,000. |
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SECTION 2. The change in law made by this Act applies only |
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to an application to be a candidate in an election submitted on or |
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after the effective date of this Act. An application to be a |
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candidate in an election submitted before the effective date of |
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this Act is governed by the law in effect when the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |