Bill Text: TX HB134 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 134 (Prior Session Legislation)

Introduced

Bill Title: Relating to the name used by a candidate on an application for a place on the ballot and the form of a candidate's name on a ballot; creating a civil penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-08-09 - Filed [HB134 Detail]

Download: Texas-2021-HB134-Introduced.html

	87S20518 BEE-D

	By: Dutton	H.B. No. 134



	A BILL TO BE ENTITLED
	AN ACT
	relating to the name used by a candidate on an application for a
	place on the ballot and the form of a candidate's name on a ballot;
	creating a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 52.031(b) and (c), Election Code, are
	amended to read as follows:
	(b) In combination with the surname, a candidate may use one
	or more of the following:
	(1) a given name;
	(2) a contraction or familiar form of a given name by
	which the candidate is known; [or]
	(3) an initial of a given name; or
	(4) a name under which the candidate is known, if the
	candidate has supplied the required affidavits under Section
	141.031(e).
	(c) A nickname of one unhyphenated word of not more than 10
	letters by which the candidate has been commonly known for at least
	three years preceding the election may be used in combination with a
	candidate's name. A nickname that constitutes a slogan or
	otherwise indicates a political, economic, social, or religious
	view or affiliation may not be used. A nickname may not be used
	unless the candidate has complied with the requirements of Section
	141.031(e) [~~executes and files with the application for a place on~~
	~~the ballot an affidavit indicating that the nickname complies with~~
	~~this subsection~~].
	SECTION 2. Section 141.031, Election Code, as effective
	September 1, 2021, is amended by amending Subsection (a) and adding
	Subsections (e) and (f) to read as follows:
	(a) A candidate's application for a place on the ballot that
	is required by this code must:
	(1) be in writing;
	(2) be signed and sworn to before a person authorized
	to administer oaths in this state by the candidate and indicate the
	date that the candidate swears to the application;
	(3) be timely filed with the appropriate authority;
	and
	(4) include:
	(A) the candidate's name, and if the candidate is
	seeking to run under a name other than the candidate's surname
	acquired by law or marriage and given name, or a contraction or
	familiar form of a given name by which the candidate is known or an
	initial of a given name, the affidavits required by Subsection (e);
	(B) the candidate's occupation;
	(C) the office sought, including any place number
	or other distinguishing number;
	(D) an indication of whether the office sought is
	to be filled for a full or unexpired term if the office sought and
	another office to be voted on have the same title but do not have
	place numbers or other distinguishing numbers;
	(E) a statement that the candidate is a United
	States citizen;
	(F) a statement that the candidate has not been
	determined by a final judgment of a court exercising probate
	jurisdiction to be:
	(i) totally mentally incapacitated; or
	(ii) partially mentally incapacitated
	without the right to vote;
	(G) an indication that the candidate has either
	not been finally convicted of a felony or if so convicted has been
	pardoned or otherwise released from the resulting disabilities;
	(H) the candidate's date of birth;
	(I) the candidate's residence address or, if the
	residence has no address, the address at which the candidate
	receives mail and a concise description of the location of the
	candidate's residence;
	(J) the candidate's length of continuous
	residence in the state and in the territory from which the office
	sought is elected as of the date the candidate swears to the
	application;
	(K) the statement: "I, __________, of __________
	County, Texas, being a candidate for the office of __________,
	swear that I will support and defend the constitution and laws of
	the United States and of the State of Texas";
	(L) a statement that the candidate is aware of
	the nepotism law, Chapter 573, Government Code; and
	(M) a public mailing address at which the
	candidate receives correspondence relating to the candidate's
	campaign, if available, and an electronic mail address at which the
	candidate receives correspondence relating to the candidate's
	campaign, if available.
	(e) A candidate seeking to have placed on the ballot a name
	other than the candidate's surname acquired by law or marriage and
	given name, or a contraction or familiar form of a given name by
	which the candidate is known or an initial of a given name, must
	include with the application 50 affidavits, each:
	(1) signed by a person eligible to vote in the election
	for which the candidate is applying; and
	(2) stating that the candidate is known to the person
	signing the affidavit by the name under which the candidate is
	seeking to run.
	(f) A person who gives false information in order to acquire
	the affidavits required by Subsection (e) or who induces a person to
	sign a false affidavit submitted under Subsection (e) is liable to
	the state for a civil penalty in an amount not to exceed $10,000. A
	suit brought under this subsection shall be advanced for trial and
	determined as expeditiously as possible. No postponement or
	continuance shall be granted except for reasons considered
	imperative by the court.
	SECTION 3. The change in law made by this Act applies only
	to an application for a ballot to be voted by mail submitted on or
	after the effective date of this Act. An application for a ballot
	to be voted by mail submitted before the effective date of this Act
	is governed by the law in effect when the application was submitted,
	and the former law is continued in effect for that purpose.
	SECTION 4. This Act takes effect on the 91st day after the
	last day of the legislative session.