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By: Kacal, Ashby (Senate Sponsor - Paxton) |
H.B. No. 3046 |
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(In the Senate - Received from the House May 8, 2023; |
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May 10, 2023, read first time and referred to Committee on State |
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Affairs; May 19, 2023, reported favorably by the following vote: |
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Yeas 8, Nays 0; May 19, 2023, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the omission of a deceased candidate from the ballot in |
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certain elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 145.096(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b) or Section |
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145.098(b) or (d), a candidate's name shall be placed on the ballot |
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if the candidate: |
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(1) dies on or after the second day before the deadline |
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for filing the candidate's application for a place on the ballot; |
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(2) is declared ineligible after 5 p.m. of the fifth |
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day after the deadline for filing the candidate's application for a |
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place on the ballot, in an election subject to Section 145.092(a); |
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(3) is declared ineligible after 5 p.m. of the 57th day |
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before election day, in an election subject to Section 145.092(b); |
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or |
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(4) is declared ineligible after 5 p.m. of the 71st day |
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before election day, in an election subject to Section 145.092(f). |
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SECTION 2. Section 145.098, Election Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) If the deadline for filing an application for a place on |
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the ballot is extended under Subsection (b), the authority |
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responsible for preparing the ballot shall: |
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(1) prepare a notice identifying the name of the |
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deceased candidate, the office sought by the candidate, and the |
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date of the new filing deadline; and |
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(2) publish the notice prepared under Subdivision (1): |
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(A) on the Internet website maintained by the |
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political subdivision holding the election; or |
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(B) if the political subdivision does not |
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maintain an Internet website, on the bulletin board used for |
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posting notice of meetings of the governing body of the political |
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subdivision. |
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(d) If a candidate for an office of a city with a population |
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of 100,000 or less dies before the ballots are printed, the |
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authority responsible for preparing the ballots may choose to omit |
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the candidate from the ballot. |
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SECTION 3. The change in law made by this Act applies only |
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to an election ordered on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |
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* * * * * |