88R8058 MPF-D
 
  By: Kacal H.B. No. 3046
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the omission of a deceased candidate from the ballot in
  certain elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 145.096(a), Election Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (b) or Section
  145.098(b) or (c), a candidate's name shall be placed on the ballot
  if the candidate:
               (1)  dies on or after the second day before the deadline
  for filing the candidate's application for a place on the ballot;
               (2)  is declared ineligible after 5 p.m. of the fifth
  day after the deadline for filing the candidate's application for a
  place on the ballot, in an election subject to Section 145.092(a);
               (3)  is declared ineligible after 5 p.m. of the 57th day
  before election day, in an election subject to Section 145.092(b);
  or
               (4)  is declared ineligible after 5 p.m. of the 71st day
  before election day, in an election subject to Section 145.092(f).
         SECTION 2.  Section 145.098, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  If a candidate dies before the ballots are printed, the
  authority responsible for preparing the ballots may choose to omit
  the candidate from the ballot.
         SECTION 3.  The change in law made by this Act applies only
  to an election ordered on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2023.