Bill Text: TX HB137 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to filling certain vacancies in nomination by special primary election.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-03 - Committee report sent to Calendars [HB137 Detail]
Download: Texas-2017-HB137-Comm_Sub.html
85R25928 ADM-D | |||
By: Dutton | H.B. No. 137 | ||
Substitute the following for H.B. No. 137: | |||
By: Laubenberg | C.S.H.B. No. 137 |
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relating to filling certain vacancies in nomination by special | ||
primary election. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 145.036, Election Code, | ||
is amended to read as follows: | ||
Sec. 145.036. FILLING VACANCY IN NOMINATION: GENERAL RULE. | ||
SECTION 2. Section 145.036(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b), if a candidate's | ||
name is to be omitted from the ballot under Section 145.035 and | ||
Section 145.0361 does not apply, the political party's state, | ||
district, county, or precinct executive committee, as appropriate | ||
for the particular office, may nominate a replacement candidate to | ||
fill the vacancy in the nomination. | ||
SECTION 3. Subchapter B, Chapter 145, Election Code, is | ||
amended by adding Section 145.0361 to read as follows: | ||
Sec. 145.0361. FILLING VACANCY IN NOMINATION CAUSED BY | ||
DEATH OF CANDIDATE IN UNOPPOSED RACE. (a) If a candidate's name is | ||
to be omitted from the ballot under Section 145.035 because of the | ||
candidate's death and the candidate would have been unopposed in | ||
the general election, the political party shall conduct a special | ||
primary election in accordance with Section 172.005 to fill the | ||
vacancy in the party's nomination of a candidate for the general | ||
election. | ||
(b) A special primary election held to fill a vacancy in a | ||
nomination under this section shall be ordered by: | ||
(1) the state chair of the political party if the | ||
vacancy in nomination is for a statewide or district office; or | ||
(2) the county chair of the political party if the | ||
vacancy in nomination is for a county or precinct office. | ||
SECTION 4. Sections 145.037(a), (c), and (e), Election | ||
Code, are amended to read as follows: | ||
(a) For the name of a replacement nominee to be placed on the | ||
general election ballot, the chair of the executive committee | ||
making the replacement nomination or ordering the special primary | ||
election must certify in writing the nominee's name for placement | ||
on the ballot as provided by this section. | ||
(c) In addition to the name of the replacement nominee, the | ||
certification must include: | ||
(1) the replacement nominee's residence address and | ||
mailing address, if different from the residence address; | ||
(2) the name of the original nominee; | ||
(3) the office sought, including any place number or | ||
other distinguishing number; | ||
(4) the cause of the vacancy; | ||
(5) the date and result of the special primary | ||
election or an identification of the executive committee making the | ||
replacement nomination, as applicable; and | ||
(6) the date of the replacement nomination, if | ||
applicable. | ||
(e) The certification must be delivered not later than 5 | ||
p.m. of the 71st day before election day or as soon as practicable | ||
after that time. | ||
SECTION 5. Section 145.038(a), Election Code, is amended to | ||
read as follows: | ||
(a) If a political party's district executive committee is | ||
required [ |
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vacancy in a nomination for a district office under Section 145.036 | ||
and fails to do so, the state executive committee may nominate a | ||
candidate to fill the vacancy. | ||
SECTION 6. Section 171.054(e), Election Code, is amended to | ||
read as follows: | ||
(e) For the purposes of filling a vacancy in a nomination | ||
under Section 145.036, the state chair shall canvass the votes of | ||
the district executive committee when meeting separately in each | ||
county and make the certification required by Section 145.037. | ||
SECTION 7. Subchapter A, Chapter 172, Election Code, is | ||
amended by adding Section 172.005 to read as follows: | ||
Sec. 172.005. SPECIAL PRIMARY ELECTION. (a) The state | ||
executive committee of each political party holding a primary | ||
election shall adopt rules for the holding of a special primary | ||
election to fill a vacancy in a nomination under Section 145.0361. | ||
To the extent possible, the rules shall incorporate the provisions | ||
of this chapter and shall provide for a ranking system of candidates | ||
so that the majority vote requirement can be met through a single | ||
election. | ||
(b) A special primary election is not subject to the | ||
requirements of Section 41.001(a). | ||
SECTION 8. This Act takes effect September 1, 2017. |