Bill Text: TX HB1067 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the omission of a deceased candidate from the ballot in certain elections.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-05-24 - Effective immediately [HB1067 Detail]
Download: Texas-2019-HB1067-Enrolled.html
| H.B. No. 1067 | ||
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| 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), 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 to | ||
| read as follows: | ||
| Sec. 145.098. WITHDRAWAL OR DEATH OF CANDIDATE BEFORE | ||
| BALLOTS ARE PREPARED. (a) If a candidate files a withdrawal | ||
| request after the deadline prescribed by Section 145.092, and the | ||
| candidate complies with each requirement under Section 145.001 | ||
| except that the candidate's filing to withdraw is untimely, the | ||
| authority responsible for preparing the ballots may choose to omit | ||
| the candidate from the ballot if the ballots have not been prepared | ||
| at the time the candidate files the withdrawal request. | ||
| (b) If a candidate dies on or before the deadline for filing | ||
| an application for a place on the ballot: | ||
| (1) the authority responsible for preparing the | ||
| ballots may choose to omit the candidate from the ballot; and | ||
| (2) if the authority omits the candidate's name under | ||
| Subdivision (1), the filing deadline for an application for a place | ||
| on the ballot for the office sought by the candidate is extended | ||
| until the fifth day after the filing deadline. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| an election for which an application for a place on the ballot is | ||
| due on or after the effective date of this Act. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1067 was passed by the House on April | ||
| 2, 2019, by the following vote: Yeas 141, Nays 5, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1067 on May 10, 2019, by the following vote: Yeas 104, Nays 2, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1067 was passed by the Senate, with | ||
| amendments, on May 8, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
