Bill Text: TX SB1705 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to nominations by primary election by certain political parties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-04 - Referred to Elections [SB1705 Detail]
Download: Texas-2023-SB1705-Introduced.html
Bill Title: Relating to nominations by primary election by certain political parties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-04 - Referred to Elections [SB1705 Detail]
Download: Texas-2023-SB1705-Introduced.html
88R553 TSS-D | ||
By: Middleton | S.B. No. 1705 |
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relating to nominations by primary election by all political | ||
parties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 161.005(b), Election Code, is amended to | ||
read as follows: | ||
(b) For purposes of this section, a person becomes a | ||
candidate at the earliest time at which one of the following occurs: | ||
(1) the person files: | ||
(A) a declaration of intent to run as an | ||
independent candidate; | ||
(B) an application for a place on a primary or | ||
general election ballot [ |
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(C) a declaration of write-in candidacy; or | ||
(2) the person is nominated by an [ |
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executive committee. | ||
SECTION 2. Section 162.001(b), Election Code, is amended to | ||
read as follows: | ||
(b) The affiliation requirement prescribed by Subsections | ||
(a)(2) and (3) applies only during a voting year in which the | ||
general election for state and county officers is held and does not | ||
apply until[ |
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[ |
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[ |
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SECTION 3. Section 162.006, Election Code, is amended to | ||
read as follows: | ||
Sec. 162.006. AFFILIATION BY TAKING OATH. A person becomes | ||
affiliated with a political party when the person takes an oath of | ||
affiliation as provided by Section [ |
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SECTION 4. Section 162.017(e), Election Code, is amended to | ||
read as follows: | ||
(e) The preregistration process must include the statement | ||
described by Section 162.004(a) and require a preregistering | ||
attendee to affiliate with the party by taking the oath described in | ||
Section 162.006 [ |
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SECTION 5. Section 172.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. | ||
Except as otherwise provided by this code, a political party's | ||
nominees in the general election for offices of state and county | ||
government and the United States Congress must be nominated by | ||
primary election, held as provided by this code[ |
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SECTION 6. Section 202.006(a), Election Code, is amended to | ||
read as follows: | ||
(a) A political party's state, district, county, or | ||
precinct executive committee, as appropriate for the particular | ||
office, may nominate a candidate for the unexpired term if[ |
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[ |
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the regular deadline for candidates to file applications for a | ||
place on the ballot for the general primary election[ |
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[ |
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SECTION 7. Section 204.004, Election Code, is amended to | ||
read as follows: | ||
Sec. 204.004. NOMINATION FOR VACANCY FILLED AT GENERAL | ||
ELECTION. A nomination by a political party for an unexpired term | ||
to be filled at the general election for state and county officers | ||
is made in the manner prescribed by Section 202.004 [ |
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SECTION 8. Section 251.001(1), Election Code, is amended to | ||
read as follows: | ||
(1) "Candidate" means a person who knowingly and | ||
willingly takes affirmative action for the purpose of gaining | ||
nomination or election to public office or for the purpose of | ||
satisfying financial obligations incurred by the person in | ||
connection with the campaign for nomination or election. Examples | ||
of affirmative action include: | ||
(A) the filing of a campaign treasurer | ||
appointment, except that the filing does not constitute candidacy | ||
or an announcement of candidacy for purposes of the automatic | ||
resignation provisions of Article XVI, Section 65, or Article XI, | ||
Section 11, of the Texas Constitution; | ||
(B) the filing of an application for a place on a | ||
ballot; | ||
(C) [ |
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[ |
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become an independent candidate or a declaration of write-in | ||
candidacy; | ||
(D) [ |
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a definite intent to run for public office in a particular election, | ||
regardless of whether the specific office is mentioned in the | ||
announcement; | ||
(E) [ |
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intent, the making of a statement of definite intent to run for | ||
public office and the soliciting of support by letter or other mode | ||
of communication; | ||
(F) [ |
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campaign contribution or the making of a campaign expenditure; and | ||
(G) [ |
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executive committee of a political party to fill a vacancy. | ||
SECTION 9. Sections 253.153(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) A judicial candidate or officeholder, a | ||
specific-purpose committee for supporting or opposing a judicial | ||
candidate, or a specific-purpose committee for assisting a judicial | ||
officeholder may not knowingly accept a political contribution | ||
except during the period: | ||
(1) beginning on: | ||
(A) the 210th day before the date an application | ||
for a place on the ballot [ |
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office is required to be filed, if the election is for a full term; | ||
or | ||
(B) the later of the 210th day before the date an | ||
application for a place on the ballot [ |
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vacancy in the office occurs, if the election is for an unexpired | ||
term; and | ||
(2) ending on the 120th day after the date of the | ||
election in which the candidate or officeholder last appeared on | ||
the ballot, regardless of whether the candidate or officeholder has | ||
an opponent in that election. | ||
(b) Subsection (a)(2) does not apply to a political | ||
contribution that was made and accepted with the intent that it be | ||
used to defray expenses incurred in connection with an election, | ||
including the repayment of any debt that is: | ||
(1) incurred directly by the making of a campaign | ||
expenditure during the period beginning on the date the application | ||
for a place on the ballot [ |
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required to be filed for the election in which the candidate last | ||
appeared on the ballot and ending on the date of that election; and | ||
(2) subject to the restrictions prescribed by Sections | ||
253.162 and 253.1621. | ||
SECTION 10. Section 571.079(a), Government Code, is amended | ||
to read as follows: | ||
(a) Not later than the 15th day after the date on which an | ||
application for a place on the general primary election ballot [ |
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commission shall post on its Internet website: | ||
(1) the name and address of each candidate for an | ||
office specified by Section 252.005(1), Election Code, who has | ||
failed to pay a civil penalty imposed by the commission for failure | ||
to file with the commission a required report or statement under | ||
Chapter 254, Election Code, or Chapter 572; and | ||
(2) for each candidate listed under Subdivision (1), | ||
the amount of the penalty imposed and the amount paid, if any. | ||
SECTION 11. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 162.007; | ||
(2) Section 162.016; | ||
(3) Section 172.002; | ||
(4) Section 202.005; and | ||
(5) Subtitle C, Title 10. | ||
SECTION 12. The changes in law made by this Act apply | ||
beginning with nominations made for an election held on or after | ||
January 1, 2024. | ||
SECTION 13. 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, 2023. |