Bill Text: TX SB1073 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the requirements for a candidate's application or nomination for a place on the ballot and related procedures.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB1073 Detail]

Download: Texas-2015-SB1073-Enrolled.html

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S.B. No. 1073

AN ACT
relating to the requirements for a candidate's application or
nomination for a place on the ballot and related procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 141.031(a), Election Code, is amended 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 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;
(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"; [and]
(L) a statement that the candidate is aware of
the nepotism law, Chapter 573, Government Code; and
(M) a public mailing address and any available
electronic mail address at which the candidate receives
correspondence relating to the candidate's campaign.
SECTION 2. Section 172.021, Election Code, is amended by
adding Subsections (b-1) and (b-2) to read as follows:
(b-1) Except as provided by Subsection (b-2), the authority
receiving an application shall return it to the applicant as
incomplete if the applicant submits payment of a fee that is
returned for insufficient funds. The applicant may resubmit the
application before the end of the filing period, but payment of the
filing fee may not be made in the form of a check from the same
account as that of the payment previously returned for insufficient
funds.
(b-2) If a payment of a filing fee is returned for
insufficient funds after the end of the filing period, the
application is not considered to be timely filed, and the authority
receiving the application shall inform the applicant that the
application was not valid.
SECTION 3. Subchapter B, Chapter 172, Election Code, is
amended by adding Section 172.0221 to read as follows:
Sec. 172.0221. NOTICE TO CANDIDATE REGARDING POSTING OF
CERTAIN INFORMATION. The authority with whom an application is
filed must inform the candidate that the candidate's public mailing
address and, if provided on the application, the candidate's
electronic mail address will be posted by the secretary of state on
the secretary's publicly viewable website.
SECTION 4. Section 172.028(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (c), the state chair
shall certify to the secretary of state for placement on the general
primary election ballot the name of each candidate who files with
the chair an application that complies with Section 172.021(b).
The secretary of state shall post on the secretary's Internet
website that is viewable by the public:
(1) the certified list; and
(2) for each certified candidate, the public mailing
address and, if provided by the candidate, the electronic mail
address at which the candidate receives correspondence relating to
the candidate's campaign.
SECTION 5. The heading to Section 172.116, Election Code,
is amended to read as follows:
Sec. 172.116. LOCAL CANVASS RELATING TO CANDIDATES WHO
FILED AN APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH
THE GENERAL REQUIREMENTS.
SECTION 6. Sections 172.116(a), (b), and (g), Election
Code, are amended to read as follows:
(a) The county chair and, if available, at least one member
of the county executive committee selected by the county executive
committee shall canvass the precinct election returns for the
county.
(b) The county chair and any selected county executive
committee member shall convene to conduct the local canvass [at the
county seat] on the second Thursday after election day at the hour
specified by the county chair and posted on the county party website
or the commissioners court bulletin board if the county
organization of the political party does not maintain a website.
(g) The official result of the primary election, except for
offices canvassed at the state level, is determined from the local
canvass of precinct returns and shall be posted to the secretary of
state's website.
SECTION 7. The heading to Section 172.117, Election Code,
is amended to read as follows:
Sec. 172.117. CERTIFICATION OF NOMINEES WHO FILED AN
APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL
REQUIREMENTS FOR COUNTY AND PRECINCT OFFICES FOR PLACEMENT ON
GENERAL ELECTION BALLOT.
SECTION 8. Section 172.117, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(a-3) to read as follows:
(a) The county chair shall certify by posting on the
secretary of state's website a notation next to [in writing for
placement on the general election ballot] the name and address of
each primary candidate who is nominated for a county or precinct
office for placement on the general election ballot. The chair
shall execute and file with the county clerk an affidavit
certifying that the returns posted on the secretary of state's
website are the correct and complete returns. The secretary of
state may adopt by rule a process to allow the chair to submit the
affidavit digitally.
(a-1) The secretary of state shall develop appropriate
notations to describe the status of each candidate. The notations
shall include:
(1) "filed";
(2) "withdrew";
(3) "lost primary";
(4) "in runoff";
(5) "lost runoff";
(6) "deceased"; or
(7) "nominee for general election."
(a-2) The county chair shall update the notations after each
general primary and runoff primary election. After any withdrawal
or death of a candidate, and subsequent replacement of the
candidate on the ballot, the chair shall update the notation on the
website. All notations must be completed and accurate on the date
prescribed by the secretary of state by rule to ensure that an
authority printing general election ballots may rely on the
information.
(a-3) After the notations have been placed on the website
and the affidavit has been filed as required by Subsection (a), the
authority preparing the official general election ballot shall use
the list of candidates named on the secretary of state's website as
the nominees for general election in preparing the general election
ballot.
SECTION 9. The heading to Section 172.120, Election Code,
is amended to read as follows:
Sec. 172.120. STATE CANVASS RELATING TO CANDIDATES WHO
FILED AN APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH
THE GENERAL REQUIREMENTS.
SECTION 10. Sections 172.120(a), (b), (b-1), (f), and (h),
Election Code, are amended to read as follows:
(a) The state chair [executive committee] shall canvass the
county election returns.
(b) The state chair [executive committee] shall [convene
to] conduct the state canvass for the general primary election not
later than:
(1) the second Sunday after general primary election
day, for an election in which three or more candidates are seeking
election to the same office; or
(2) the 22nd day after general primary election day,
for an election not described by Subdivision (1).
(b-1) Not later than the third Saturday after runoff primary
election day, the [committee shall convene at the call of the] state
chair shall complete [to conduct] the state canvass of the runoff
primary election.
(f) The [Not later than the 20th day after the date the state
canvass is completed, the state chair shall deliver the committee's
tabulation to the] secretary of state[, who] shall preserve and
archive on the secretary's website all of the information
pertaining to candidates and the canvass results [it for the period
for preserving the precinct election records].
(h) The official result of the primary election for offices
canvassed by the state chair [executive committee] is determined
from its canvass of the county returns.
SECTION 11. The heading to Section 172.122, Election Code,
is amended to read as follows:
Sec. 172.122. CERTIFICATION OF NOMINEES WHO FILED AN
APPLICATION FOR A PLACE ON THE BALLOT IN ACCORDANCE WITH THE GENERAL
REQUIREMENTS FOR STATEWIDE AND DISTRICT OFFICES TO SECRETARY OF
STATE.
SECTION 12. Section 172.122(a), Election Code, is amended
to read as follows:
(a) The state chair shall certify by posting on the
secretary of state's website [in writing as the party's nominee] the
name and address of each primary candidate who is nominated for a
statewide or district office. The state chair shall execute and
file with the secretary of state an affidavit certifying that the
returns posted on the secretary of state's website are the correct
and complete returns. The secretary of state may adopt by rule a
process to allow the chair to submit the affidavit digitally.
SECTION 13. The heading to Section 172.124, Election Code,
is amended to read as follows:
Sec. 172.124. REPORTING PRECINCT RESULTS TO SECRETARY OF
STATE RELATING TO CANDIDATES WHO FILED AN APPLICATION FOR A PLACE ON
THE BALLOT IN ACCORDANCE WITH THE GENERAL REQUIREMENTS.
SECTION 14. Section 172.124(a), Election Code, is amended
to read as follows:
(a) For each primary election, the county clerk [chair]
shall prepare a report of the number of votes, including early
voting votes, received in each county election precinct by each
candidate for a statewide office or the office of United States
representative, state senator, or state representative, as
provided by Section 67.017 for the report of precinct results for a
general election.
SECTION 15. The following provisions of the Election Code
are repealed:
(1) Sections 172.021(e) and (g);
(2) Sections 172.116(c), (d), and (e);
(3) Section 172.117(b); and
(4) Sections 172.120(c), (d), and (e).
SECTION 16. As soon as practicable, but not later than
December 31, 2016, the secretary of state shall complete the
modifications to the secretary of state's website as necessary to
enable compliance with the changes in law made by this Act. This
section expires January 1, 2017.
SECTION 17. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1073 passed the Senate on
April 23, 2015, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 30, 2015, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1073 passed the House, with
amendment, on May 27, 2015, by the following vote: Yeas 141,
Nays 3, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor