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A BILL TO BE ENTITLED
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AN ACT
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relating to the declaration of a candidate's ineligibility on the |
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basis of filing an application for a place on the general primary |
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election ballot or for nomination by convention with more than one |
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political party. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 162, Election Code, is amended by adding |
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Section 162.0151 to read as follows: |
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Sec. 162.0151. CANDIDACY PROHIBITED. (a) A candidate who |
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files an application for a place on the general primary election |
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ballot or for nomination by convention with more than one political |
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party in the same voting year shall be ineligible for: |
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(1) a place on the ballot for a general primary |
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election; |
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(2) nomination by convention; and |
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(3) the succeeding general election as: |
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(A) an independent candidate; |
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(B) the nominee of a political party; or |
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(C) a write-in candidate. |
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(b) A candidate's name shall be omitted from the general |
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primary election ballot of each political party with which the |
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candidate filed an application for a place on the ballot if, not |
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later than the 10th day after the date of the regular filing |
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deadline for the general primary election, the secretary of state |
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determines that the candidate is ineligible under Subsection (a). |
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(c) The secretary of state shall provide written notice to a |
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candidate declared ineligible under this section. The notice |
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required under this subsection shall inform the candidate: |
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(1) of the candidate's ineligibility; |
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(2) that the candidate may withdraw from the general |
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primary election under Section 172.052; and |
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(3) if the candidate refuses to withdraw, the |
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candidate's name shall be omitted from the general primary election |
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ballot. |
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(d) The secretary of state shall prescribe any procedures |
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necessary to implement this section. |
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SECTION 2. Section 172.028(c), Election Code, is amended to |
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read as follows: |
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(c) A candidate's name may not be certified: |
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(1) if, before delivering the certification, the state |
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chair learns that the name is to be omitted from the ballot under |
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Section 162.0151 or Section 172.057; or |
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(2) for an office for which the candidate's |
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application is invalid under Section 141.033. |
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SECTION 3. Section 181.068(c), Election Code, is amended to |
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read as follows: |
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(c) A presiding officer may not certify a candidate's name: |
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(1) if, before delivering the certification, the |
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presiding officer learns that the name is to be omitted from the |
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ballot under Section 145.035 or Section 162.0151; or |
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(2) for an office for which the candidate's |
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application is invalid under Section 141.033. |
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SECTION 4. Section 182.007(c), Election Code, is amended to |
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read as follows: |
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(c) The county chair may not certify a candidate's name: |
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(1) if, before delivering the certification, the |
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county chair learns that the name is to be omitted from the ballot |
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under Section 145.035 or Section 162.0151; or |
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(2) for an office for which the candidate's |
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application is invalid under Section 141.033. |
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SECTION 5. This Act takes effect September 1, 2025. |