BILL ANALYSIS

S.B. 901

By: Kolkhorst

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that there are concerns over the potential for candidates to file applications for a place on the general election primary ballot with more than one political party. S.B. 901 seeks to close this potential loophole and make elections safe and secure from illegal activity affecting the ballot by making a candidate who files an application for a place on the general primary election ballot or for nomination by convention with more than one political party in the same voting year ineligible for participation as a candidate or nominee in certain primary and general elections.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS   

S.B. 901 amends the Election Code to make a candidate who files an application for a place on the general primary election ballot or for nomination by convention with more than one political party in the same voting year ineligible for the following:

·         a place on the ballot for a general primary election;

·         nomination by convention; and

·         the succeeding general election as:

o   an independent candidate in a partisan election;

o   the nominee of a political party; or

o   a write-in candidate in a partisan election.

The bill requires a candidate's name to be omitted from the general primary election ballot of each political party with which the candidate filed an application for a place on the ballot if, not later than the 10th day after the date of the regular filing deadline for the general primary election, the secretary of state determines that the candidate is ineligible on those grounds. The bill requires the secretary of state to provide written notice to a candidate declared ineligible that informs the candidate of the following:

·         the candidate's ineligibility;

·         that the candidate may withdraw from the general primary election as provided by provisions relating to candidate withdrawal; and

·         if the candidate refuses to withdraw, the candidate's name will be omitted from the general primary election ballot.

The bill requires the secretary of state to prescribe any procedures necessary to implement these provisions.

S.B. 901 prohibits a candidate's name from being certified for placement on a general primary election ballot by a state chair if, before delivering the certification, the state chair learns that the name is to be omitted from the ballot under the bill's provisions. The bill prohibits the presiding officer of a state convention at which a political party makes its nominations for statewide office and the county chair of a county convention at which a political party without a state executive committee makes its nominations for county or precinct offices from doing the following:

·         certifying a candidate's name for placement on a general election ballot if, before delivering the certification, the presiding officer or county chair, as applicable, learns that the name is to be omitted from the ballot under the bill's provisions; or

·         certifying a candidate's name for a place on a ballot for a public elective office for which the candidate's application is invalid under provisions prohibiting a candidate from filing applications for a place on a ballot for two or more offices that are not permitted by law to be held by the same person and are to be voted on at one or more elections held on the same day.

EFFECTIVE DATE

September 1, 2025.