Bill Text: TX SB994 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the declaration of a candidate's ineligibility on the basis of failure to pay a filing fee or submit a petition in lieu of a filing fee.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB994 Detail]
Download: Texas-2023-SB994-Enrolled.html
S.B. No. 994 |
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relating to the declaration of a candidate's ineligibility on the | ||
basis of failure to pay a filing fee or submit a petition in lieu of | ||
a filing fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 145.003, Election Code, is amended by | ||
amending Subsections (b) and (f) and adding Subsection (f-1) to | ||
read as follows: | ||
(b) Except as provided by Subsection (f-1), a [ |
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in the general election for state and county officers may be | ||
declared ineligible before the 30th day preceding election day by: | ||
(1) the party officer responsible for certifying the | ||
candidate's name for placement on the general election ballot, in | ||
the case of a candidate who is a political party's nominee; [ |
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(2) the authority with whom the candidate's | ||
application for a place on the ballot is required to be filed, in | ||
the case of an independent candidate; or | ||
(3) the secretary of state, if the candidate is | ||
ineligible under Subsection (f)(3). | ||
(f) A candidate may be declared ineligible only if: | ||
(1) the information on the candidate's application for | ||
a place on the ballot indicates that the candidate is ineligible for | ||
the office; [ |
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(2) facts indicating that the candidate is ineligible | ||
are conclusively established by another public record; or | ||
(3) the candidate fails to pay the filing fee or submit | ||
a petition in lieu of a filing fee. | ||
(f-1) A candidate may not be declared ineligible under | ||
Subsection (f)(3) after the 74th day preceding election day. | ||
SECTION 2. Section 145.036, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (b-1) to read as | ||
follows: | ||
(a) Except as provided by Subsections [ |
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(b-1), if a candidate's name is to be omitted from the ballot under | ||
Section 145.035, the political party's state, district, county, or | ||
precinct executive committee, as appropriate for the particular | ||
office, may nominate a replacement candidate to fill the vacancy in | ||
the nomination. | ||
(b-1) An executive committee may make a replacement | ||
nomination following an administrative declaration of | ||
ineligibility under Section 145.003(f)(3) only if the replacement | ||
candidate pays the filing fee or submits a petition in lieu of a | ||
filing fee. | ||
SECTION 3. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 994 passed the Senate on | ||
March 15, 2023, by the following vote: Yeas 22, Nays 8; and that | ||
the Senate concurred in House amendment on May 21, 2023, by the | ||
following vote: Yeas 23, Nays 8. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 994 passed the House, with | ||
amendment, on May 17, 2023, by the following vote: Yeas 93, | ||
Nays 51, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |