Bill Text: TX HB3786 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the declaration of a candidate's ineligibility on the basis of filing an application for a place on the general primary election ballot or for nomination by convention with more than one political party.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-26 - Referred to Elections [HB3786 Detail]
Download: Texas-2025-HB3786-Introduced.html
| 89R706 PRL-D | ||
| By: Bucy | H.B. No. 3786 | |
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| relating to the declaration of a candidate's ineligibility on the | ||
| basis of filing an application for a place on the general primary | ||
| election ballot or for nomination by convention with more than one | ||
| political party. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 162, Election Code, is amended by adding | ||
| Section 162.0151 to read as follows: | ||
| Sec. 162.0151. CANDIDACY PROHIBITED. (a) A candidate who | ||
| files an application for a place on the general primary election | ||
| ballot or for nomination by convention with more than one political | ||
| party in the same voting year shall be ineligible for: | ||
| (1) a place on the ballot for a general primary | ||
| election; | ||
| (2) nomination by convention; and | ||
| (3) the succeeding general election as: | ||
| (A) an independent candidate; | ||
| (B) the nominee of a political party; or | ||
| (C) a write-in candidate. | ||
| (b) A candidate's name shall be omitted from the general | ||
| primary election ballot of each political party with which the | ||
| candidate filed an application for a place on the ballot if, not | ||
| later than the 10th day after the date of the regular filing | ||
| deadline for the general primary election, the secretary of state | ||
| determines that the candidate is ineligible under Subsection (a). | ||
| (c) The secretary of state shall provide written notice to a | ||
| candidate declared ineligible under this section. The notice | ||
| required under this subsection shall inform the candidate: | ||
| (1) of the candidate's ineligibility; | ||
| (2) that the candidate may withdraw from the general | ||
| primary election under Section 172.052; and | ||
| (3) if the candidate refuses to withdraw, the | ||
| candidate's name shall be omitted from the general primary election | ||
| ballot. | ||
| (d) The secretary of state shall prescribe any procedures | ||
| necessary to implement this section. | ||
| SECTION 2. Section 172.028(c), Election Code, is amended to | ||
| read as follows: | ||
| (c) A candidate's name may not be certified: | ||
| (1) if, before delivering the certification, the state | ||
| chair learns that the name is to be omitted from the ballot under | ||
| Section 162.0151 or Section 172.057; or | ||
| (2) for an office for which the candidate's | ||
| application is invalid under Section 141.033. | ||
| SECTION 3. Section 181.068(c), Election Code, is amended to | ||
| read as follows: | ||
| (c) A presiding officer may not certify a candidate's name: | ||
| (1) if, before delivering the certification, the | ||
| presiding officer learns that the name is to be omitted from the | ||
| ballot under Section 145.035 or Section 162.0151; or | ||
| (2) for an office for which the candidate's | ||
| application is invalid under Section 141.033. | ||
| SECTION 4. Section 182.007(c), Election Code, is amended to | ||
| read as follows: | ||
| (c) The county chair may not certify a candidate's name: | ||
| (1) if, before delivering the certification, the | ||
| county chair learns that the name is to be omitted from the ballot | ||
| under Section 145.035 or Section 162.0151; or | ||
| (2) for an office for which the candidate's | ||
| application is invalid under Section 141.033. | ||
| SECTION 5. This Act takes effect September 1, 2025. | ||
