88R553 TSS-D
	By: Middleton	S.B. No. 1705

	A BILL TO BE ENTITLED
	AN ACT
	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 [or for nomination by a convention]; or
	(C)  a declaration of write-in candidacy; or
	(2)  the person is nominated by an [a convention or]
	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[:
	[(1)]  general primary election day[, for a party
	holding a primary election; or
	[(2)  the date of the precinct conventions held under
	this title, for a party nominating by convention].
	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 [162.007 or] 162.008.
	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 [162.007(b)].
	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[, if the party's
	nominee for governor in the most recent gubernatorial general
	election received 20 percent or more of the total number of votes
	received by all candidates for governor in the election].
	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[:
	[(1)  in the case of a party holding a primary
	election,] the vacancy occurs after the fifth day before the date of
	the regular deadline for candidates to file applications for a
	place on the ballot for the general primary election[; or
	[(2)  in the case of a party nominating by convention,
	the vacancy occurs after the fourth day before the date the
	convention having the power to make a nomination for the office
	convenes].
	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 [or 202.005, as
	applicable].
	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)  [the filing of an application for nomination
	by convention;
	[(D)]  the filing of a declaration of intent to
	become an independent candidate or a declaration of write-in
	candidacy;
	(D) [(E)]  the making of a public announcement of
	a definite intent to run for public office in a particular election,
	regardless of whether the specific office is mentioned in the
	announcement;
	(E) [(F)]  before a public announcement of
	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) [(G)]  the soliciting or accepting of a
	campaign contribution or the making of a campaign expenditure; and
	(G) [(H)]  the seeking of the nomination of an
	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 [or for nomination by convention] for the
	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 [or for nomination by
	convention] for the office is required to be filed or the date a
	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 [or for nomination by convention] was
	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 [or
	for nomination by convention] is required to be filed, the
	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.