BILL ANALYSIS

 

 

Senate Research Center

S.B. 2532

88R15283 PRL-D

By: Hughes

 

State Affairs

 

3/28/2023

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 2532 doubles the number of signatures a candidate must collect as a percentage of the total vote received by all candidates for governor in the previous election, and doubles the fee each candidate must pay in the alternative, in order to have his or her name placed on the ballot. 

 

As proposed, S.B. 2532 amends current law relating to certain ballot access requirements.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 142.007, Election Code, as follows:

 

Sec. 142.007.  NUMBER OF PETITION SIGNATURES REQUIRED.  Provides that the minimum number of signatures that are required to appear on a candidate's petition is:

 

(1)  for a statewide office, two percent, rather than one percent, of the total vote received by all candidates for governor in the most recent gubernatorial general election; or

 

(2)  for a district, county, or precinct office, the lesser of:

 

(A)  1,000, rather than 500, or

 

(B) makes no changes to this paragraph.

 

SECTION 2. Amends Section 172.021(e), Election Code, as follows:

 

(e) Requires that a candidate for an office specified by Section 172.024(a)(8), (10), or (12), or for justice of the peace in a county with a population of more than 1.5 million, who chooses to pay the filing fee to also accompany the application with a petition for a place on the primary ballot as a candidate for judicial office that complies with the requirements prescribed for the petition authorized by Subsection (b) (relating requiring that an application for place on the ballot must be accompanied by the appropriate filing fee or petition in lieu of the filing fee), except that the minimum number of signatures that is required to appear on the petition required by this subsection is 500, rather than 250. Provides that, the minimum number of signatures required for that petition is increased by 500, rather than 250, if the candidate chooses to file the petition authorized by Subsection (b) in lieu of the filing fee.

 

SECTION 3. Amends Section 172.024(a), Election Code, as follows:

 

(a)  Provides that the filing fee for a candidate for nomination in the general primary election is as follows:

 

(1)  United States senator ............................................ �$10,000, rather than $5,000

 

(2)  office elected statewide, except United States senator ...................................... ����������� �7,500, rather than 3,750

 

(3)  United States representative ....................................... �6,250, rather than 3,125

 

(4)  state senator ................................................................ �2,500, rather than 1,250

 

(5)  state representative ........................................................ �1,500, rather than 750

 

(6)  member, State Board of Education .................................. �600, rather than 300

 

(7)  chief justice or justice, court of appeals, other than a justice specified by Subdivision (8) ............................................................................................ �3,750, rather than 1,875

 

(8)  chief justice or justice of a court of appeals that serves a court of appeals district in which a county with a population of more than one million is wholly or partly situated �5,000, rather than 2,500

 

(9)  district judge or judge specified by Section 52.092(d) (relating to the district office of the state government to be on the ballot and the order in which they appear on the ballot) for which this schedule does not otherwise prescribe a
fee ...................................................................................... �3,000, rather than 1,500

 

(10)  district or criminal district judge of a court in a judicial district wholly contained in a county with a population of more than 1.5 million .............................................................. �............................................................................................. 5,000, rather than 2,500

 

(11)  judge, statutory county court, other than a judge specified by Subdivision (12) �������� �3,000, rather than 1,500

 

(12)  judge of a statutory county court in a county with a population of more than 1.5 million ............................................................................................ �5,000, rather than 2,500

 

(13)  district attorney, criminal district attorney, or county attorney performing the duties of a district attorney ................................................................. �2,500, rather than 1,250

 

(14)  county commissioner, district clerk, county clerk, sheriff, county tax assessor-collector, county treasurer, or judge, constitutional county court:

 

(A)  county with a population of 200,000 or more �2,500, rather than 1,250

 

(B)  county with a population of under 200,000 ...... �1,500, rather than 750

 

(15)  justice of the peace or constable:

 

(A)  county with a population of 200,000 or more �2,000, rather than 1,000

 

(B)  county with a population of under 200,000 ......... �750, rather than 375

 

(16)  county surveyor ................................................................ �150, rather than 75

 

(17)  office of the county government for which this schedule does not otherwise prescribe a fee ............................................................................................... �1,500, rather than 750

 

SECTION 4. Amends Section 172.025, Election Code, as follows:

 

Sec. 172.025.  NUMBER OF PETITION SIGNATURES REQUIRED.  Provides that the minimum number of signatures that are required to appear on the petition authorized by Section 172.021(b) is:

 

(1)  10,000, rather than 5,000, for a statewide office; or

 

(2) for a district, county, or precinct office, the lesser of:

 

(A) 1,000, rather than 500; or

 

(B) makes no changes to this paragraph.

 

SECTION 5. Makes application of this Act prospective.

 

SECTION 6. Effective date: September 1, 2023.