Bill Text: TX HB2908 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the address of a candidate on an application for a place on the ballot; creating a civil penalty; creating a criminal offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-18 - Referred to Elections [HB2908 Detail]
Download: Texas-2021-HB2908-Introduced.html
87R7704 SLB-D | ||
By: Dutton | H.B. No. 2908 |
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relating to the address of a candidate on an application for a place | ||
on the ballot; creating a civil penalty; creating a criminal | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 141.031, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (e), (f), and (g) 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; | ||
(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) a statement that the candidate has not been | ||
finally convicted of a felony from which the candidate has not 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 and the affidavit required by Subsection (e) | ||
verifying the candidate's address; | ||
(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 must submit with an application under this | ||
section an affidavit stating that the candidate lives at the | ||
residence address listed on the application form. | ||
(f) A person who knowingly gives false information on an | ||
affidavit submitted under Subsection (e) commits an offense. An | ||
offense under this subsection is a felony of the third degree. | ||
(g) A person who gives false information on an affidavit | ||
submitted under Subsection (e) is liable to the state for a civil | ||
penalty in an amount not to exceed $10,000. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an application to be a candidate in an election submitted on or | ||
after the effective date of this Act. An application to be a | ||
candidate in an election 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 3. This Act takes effect September 1, 2021. |