Bill Text: TX HB650 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the eligibility of presidential and vice-presidential candidates to be placed on the ballot.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-05-06 - Left pending in committee [HB650 Detail]
Download: Texas-2013-HB650-Introduced.html
83R5087 ATP-D | ||
By: Zedler | H.B. No. 650 |
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relating to the eligibility of presidential and vice-presidential | ||
candidates to be placed on the ballot. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 192, Election Code, is | ||
amended by adding Section 192.0301 to read as follows: | ||
Sec. 192.0301. UNIFORM APPLICATION FOR PRESIDENTIAL AND | ||
VICE-PRESIDENTIAL CANDIDATES. (a) The secretary of state shall | ||
prescribe an official application for a place on the ballot, which | ||
must be used by a candidate for president or vice-president, | ||
regardless of the authority with whom the application is filed. | ||
(b) The application must require a candidate to provide: | ||
(1) the candidate's date of birth; | ||
(2) the candidate's length of residence in the United | ||
States; | ||
(3) an affirmation of the candidate's natural-born | ||
United States citizen status; | ||
(4) authorization for the secretary of state to obtain | ||
a certified copy of the candidate's birth certificate from the | ||
original issuing authority; and | ||
(5) for the applicable candidate for president, the | ||
consent of the candidate for vice-president to be the running mate | ||
of the candidate. | ||
(c) An application made under this section is a public | ||
record, as provided by Section 1.012. | ||
SECTION 2. Section 192.031(a), Election Code, is amended to | ||
read as follows: | ||
(a) A political party is entitled to have the names of its | ||
nominees for president and vice-president of the United States | ||
placed on the ballot in a presidential general election if: | ||
(1) the nominees possess the qualifications for those | ||
offices prescribed by federal law; | ||
(2) the party's state chair signs a written | ||
certification [ |
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(A) of the names of the party's nominees for | ||
president and vice-president; [ |
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(B) of the names and residence addresses of | ||
presidential elector candidates nominated by the party, in a number | ||
equal to the number of presidential electors that federal law | ||
allocates to this state; and | ||
(C) that the party's nominees possess the | ||
qualifications for those offices prescribed by federal law; | ||
(3) the party's state chair delivers the written | ||
certification with complete copies of the nominees' applications | ||
for a place on the ballot to the secretary of state before the later | ||
of: | ||
(A) 5 p.m. of the 70th day before presidential | ||
election day; or | ||
(B) 5 p.m. of the first business day after the | ||
date of final adjournment of the party's national presidential | ||
nominating convention; and | ||
(4) the party is: | ||
(A) required or authorized by Subchapter A of | ||
Chapter 172 to make its nominations by primary election; or | ||
(B) entitled to have the names of its nominees | ||
placed on the general election ballot under Chapter 181. | ||
SECTION 3. Section 192.032(a), Election Code, is amended to | ||
read as follows: | ||
(a) To be entitled to a place on the general election | ||
ballot, an independent candidate for president of the United States | ||
must: | ||
(1) make an application for a place on the ballot; | ||
(2) possess the qualifications prescribed by federal | ||
law for the office of president; and | ||
(3) provide for a running mate who possesses the | ||
qualifications prescribed by federal law for the office of | ||
vice-president. | ||
SECTION 4. Sections 192.033(a) and (c), Election Code, are | ||
amended to read as follows: | ||
(a) The secretary of state shall determine whether each | ||
candidate for president or vice-president possesses the | ||
qualifications for the office sought and, except [ |
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provided by Subsection (c), [ |
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in writing for placement on the general election ballot the names of | ||
the candidates for president and vice-president who are entitled to | ||
have their names placed on the ballot. | ||
(c) A candidate's name may not be certified if, before | ||
delivering the certification, the secretary of state: | ||
(1) learns that the name is to be omitted from the | ||
ballot under Subchapter C; or | ||
(2) determines that the candidate does not possess the | ||
qualifications required by Section 192.031(a)(1) or 192.032(a)(2) | ||
or (3). | ||
SECTION 5. Section 192.036(b), Election Code, is amended to | ||
read as follows: | ||
(b) A declaration of write-in candidacy for president must | ||
satisfy the requirements prescribed by Sections 192.032(a) and (b) | ||
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application for a place on the ballot, except that a petition is not | ||
required. | ||
SECTION 6. 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, 2013. |