| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a procedure for applying for a place on a ballot as a |
|
|
candidate for precinct chair of a political party; providing an |
|
|
administrative penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 171, Election Code, is |
|
|
amended by adding Sections 171.0232 and 171.0233 to read as |
|
|
follows: |
|
|
Sec. 171.0232. PROCEDURE FOR APPLYING FOR PLACE ON BALLOT |
|
|
AS PRECINCT CHAIR. (a) The secretary of state shall adopt rules |
|
|
establishing a procedure for the filing of applications with the |
|
|
county chair for a place on the ballot as a candidate for precinct |
|
|
chair. The procedure must require: |
|
|
(1) the county chair to: |
|
|
(A) mark on the application the date on which an |
|
|
application was received; |
|
|
(B) not later than 24 hours after receiving an |
|
|
application, send to the person who submitted the application by |
|
|
mail or e-mail: |
|
|
(i) confirmation that the application was |
|
|
received by the county chair; and |
|
|
(ii) a copy of the application marked with |
|
|
the date the application was received under Subdivision (1)(A); and |
|
|
(C) not later than 72 hours after receiving an |
|
|
application: |
|
|
(i) submit the application to the secretary |
|
|
of state; and |
|
|
(ii) post notification that the person |
|
|
applied for a place on the ballot as a candidate for precinct chair |
|
|
on the party's Internet website or on an Internet website or |
|
|
bulletin board maintained by the county commissioner's court for |
|
|
the purposes of public notice; and |
|
|
(2) the secretary of state to verify each application |
|
|
submitted. |
|
|
(b) The secretary of state may assess an administrative |
|
|
penalty of not more than $500 against a county chair for each |
|
|
instance in which the chair violates the procedure established |
|
|
under Subsection (a). |
|
|
Sec. 171.0233. CIVIL LIABILITY. (a) A county chair is |
|
|
liable to a person whose application for a place on the ballot as a |
|
|
candidate for precinct chair was denied or never received as a |
|
|
result of the county chair failing or refusing to comply with or |
|
|
delaying the procedure adopted under Section 171.0232 with the |
|
|
intention of preventing the person from appearing on the ballot. |
|
|
(b) A person who prevails in an action brought under |
|
|
Subsection (a) may recover: |
|
|
(1) all money spent by the person in preparing to run |
|
|
for office including money spent on fund-raising, polling, filing |
|
|
fees, staff, or consultants; |
|
|
(2) income lost as a result of the time the person |
|
|
spent preparing to run for office; and |
|
|
(3) court costs and reasonable attorney's fees. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act but not later than December 1, 2023, the secretary of |
|
|
state shall adopt rules as necessary to implement Section 171.0232, |
|
|
Election Code, as added by this Act. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a cause of action that accrues on or after January 1, 2024. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |