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AN ACT
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relating to the deadlines for certain processes and procedures |
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involving an election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.055(a), Education Code, is amended to |
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read as follows: |
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(a) An [Except as provided by Subsection (c), an] |
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application of a candidate for a place on the ballot must be filed |
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not later than 5 p.m. of the 78th [71st] day before the date of the |
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election. An application may not be filed earlier than the 30th |
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day before the date of the filing deadline. |
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SECTION 2. Section 1.006, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) In this code: |
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(1) "National holiday" means: |
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(A) a legal public holiday under 5 U.S.C. Section |
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6103; and |
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(B) if a holiday described by Paragraph (A) |
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occurs on a Saturday or Sunday, a holiday taken in lieu of that |
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holiday on which there is no regular United States mail delivery. |
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(2) "State holiday" means a state holiday under |
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Sections 662.003(b)(1) through (6), Government Code. |
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SECTION 3. Section 3.005(c), Election Code, is amended to |
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read as follows: |
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(c) For an election to be held on[:
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[(1)
the date of the general election for state and
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county officers, the election shall be ordered not later than the
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78th day before election day; and
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[(2)] a uniform election date [other than the date of
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the general election for state and county officers], the election |
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shall be ordered not later than the 78th [71st] day before election |
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day. |
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SECTION 4. Section 41.001(c), Election Code, is amended to |
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read as follows: |
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(c) Except for an election under Subsection (a) or Section |
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41.0011 or a runoff election following an election held under |
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Subsection (a)(2), an election may not be held within 30 days before |
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or after the date of the general election for state and county |
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officers, general primary election, or runoff primary election. |
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SECTION 5. Section 65.051(a), Election Code, is amended to |
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read as follows: |
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(a) The early voting ballot board shall verify and count |
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provisional ballots as provided by this subchapter not later than |
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the ninth [seventh] day after the date of an election. |
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SECTION 6. Section 86.008(a), Election Code, is amended to |
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read as follows: |
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(a) If on reviewing an application for a ballot to be voted |
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by mail that was received on or before the 18th [12th] day before |
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election day the early voting clerk determines that the application |
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does not fully comply with the applicable requirements prescribed |
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by this title, the clerk shall mail or otherwise deliver an official |
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application form to the applicant. |
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SECTION 7. Section 87.125, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The early voting ballot board shall convene to count |
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ballots voted by mail described by Section 86.007(d) at the time set |
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by the presiding judge of the board on the ninth [sixth] day after |
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the date of an election or on an earlier day if the early voting |
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clerk certifies that all ballots mailed from outside the United |
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States have been received. |
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(a-1) Notwithstanding Subsection (a), for an election held |
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on the date of the general election for state and county officers, |
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the early voting ballot board shall convene to count ballots voted |
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by mail described by Section 86.007(d) not later than the 13th day |
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after the date of the election. |
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SECTION 8. Sections 101.052(b) and (f), Election Code, are |
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amended to read as follows: |
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(b) A federal postcard application may be submitted at any |
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time during the calendar year in which the election for which a |
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ballot is requested occurs, but not later than the deadline for |
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submitting a regular application for a ballot to be voted by mail |
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for a voter to be entitled to receive a ballot by mail for that |
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election. |
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(f) The applicant is entitled to receive only a federal |
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ballot to be voted by mail under Chapter 114 if: |
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(1) the applicant submits the federal postcard |
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application to the early voting clerk after the date provided by |
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Subsection (e)(1) and before the deadline for submitting a regular |
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application for a ballot to be voted by mail [sixth day before
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election day]; and |
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(2) the application contains the information that is |
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required for registration under Title 2. |
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SECTION 9. Section 143.007(c), Election Code, is amended to |
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read as follows: |
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(c) For an election to be held on[:
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[(1)
the date of the general election for state and
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county officers, the day of the filing deadline is the 78th day
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before election day; and
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[(2)] a uniform election date [other than the date of
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the general election for state and county officers], the day of the |
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filing deadline is the 78th [71st] day before election day. |
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SECTION 10. Section 144.005(d), Election Code, is amended |
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to read as follows: |
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(d) For an election to be held on[:
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[(1)
the date of the general election for state and
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county officers, the day of the filing deadline is the 78th day
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before election day; and
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[(2)] a uniform election date [other than the date of
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the general election for state and county officers], the day of the |
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filing deadline is the 78th [71st] day before election day. |
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SECTION 11. Section 144.006, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) For an election to be held on[:
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[(1)
the date of the general election for state and
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county officers, the day of the filing deadline is the 78th day
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before election day; and
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[(2)] a uniform election date [other than the date of
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the general election for state and county officers], the day of the |
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filing deadline is the 74th [71st] day before election day. |
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(c) A write-in candidate may not withdraw from the election |
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after the 71st day before election day. |
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SECTION 12. Section 145.036(b), Election Code, is amended |
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to read as follows: |
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(b) An executive committee may make a replacement |
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nomination following a withdrawal only if: |
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(1) the candidate: |
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(A) withdraws because of a catastrophic illness |
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that was diagnosed after the first day after the date of the regular |
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filing deadline for the [62nd day before] general primary election |
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[day] and the illness would permanently and continuously |
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incapacitate the candidate and prevent the candidate from |
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performing the duties of the office sought; and |
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(B) files with the withdrawal request a |
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certificate describing the illness and signed by at least two |
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licensed physicians; |
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(2) no political party that held primary elections has |
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a nominee for the office sought by the withdrawing candidate as of |
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the time of the withdrawal; or |
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(3) the candidate has been elected or appointed to |
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fill a vacancy in another elective office or has become the nominee |
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for another office. |
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SECTION 13. Sections 145.092(b) and (d), Election Code, are |
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amended to read as follows: |
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(b) A candidate in an election for which the filing deadline |
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for an application for a place on the ballot is not later than 5 p.m. |
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of the 62nd day before election day may not withdraw from the |
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election after 5 p.m. of the 57th [53rd] day before election day. |
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(d) A candidate in a runoff election may not withdraw from |
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the election after 5 p.m. of the third day after the date of the |
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final canvass for the main election. |
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SECTION 14. Section 145.096(a), Election Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), a candidate's name |
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shall be placed on the ballot if the candidate: |
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(1) dies on or after the second day before the deadline |
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for filing the candidate's application for a place on the ballot; |
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(2) is declared ineligible after 5 p.m. of the fifth |
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[third] day after the deadline for filing the candidate's |
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application for a place on the ballot, in an election subject to |
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Section 145.092(a); |
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(3) is declared ineligible after 5 p.m. of the 57th |
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[53rd] day before election day, in an election subject to Section |
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145.092(b); or |
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(4) is declared ineligible after 5 p.m. of the 71st day |
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before election day, in an election subject to Section 145.092(f). |
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SECTION 15. Section 146.025(a), Election Code, is amended |
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to read as follows: |
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(a) Except as otherwise provided by this code, a [A] |
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declaration of write-in candidacy: |
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(1) must be filed not later than 5 p.m. of the 78th day |
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before general election day; and |
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(2)[, except as otherwise provided by this code.
A
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declaration] may not be filed earlier than the 30th day before the |
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date described by Subdivision (1) [of the regular filing deadline]. |
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SECTION 16. Sections 146.0301(a) and (d), Election Code, |
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are amended to read as follows: |
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(a) A write-in candidate may not withdraw from the election |
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after the 71st [67th] day before election day. |
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(d) A candidate's name shall be omitted from the list of |
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write-in candidates if the candidate withdraws on or before the |
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71st [67th] day before election day. |
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SECTION 17. Section 146.054, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) For an election to be held on[:
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[(1)
the date of the general election for state and
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county officers, the day of the filing deadline is the 74th day
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before election day; and
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[(2)] a uniform election date [other than the date of
|
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the general election for state and county officers], the day of the |
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filing deadline is the 74th [71st] day before election day. |
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(c) A write-in candidate may not withdraw from the election |
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after the 71st day before election day. |
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SECTION 18. Section 146.083, Election Code, is amended to |
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read as follows: |
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Sec. 146.083. FILING DEADLINE. A declaration of write-in |
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candidacy must be filed not later than 5 p.m. on the date an |
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application for a place on the ballot is required to be filed. A |
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write-in candidate may not withdraw from an election after 5 p.m. of |
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the fifth day after the deadline for filing a declaration of |
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write-in candidacy. |
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SECTION 19. Section 172.028(b), Election Code, is amended |
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to read as follows: |
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(b) Not later than the ninth day after the date of the |
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regular filing deadline [81st day before general primary election
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day], the state chair shall notify the county chair in each county |
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in which the candidate's name is to appear on the ballot that the |
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certification has been posted by the secretary of state. |
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SECTION 20. Section 172.052(a), Election Code, is amended |
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to read as follows: |
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(a) A candidate for nomination may not withdraw from the |
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general primary election after the first day after the date of the |
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regular filing deadline for the [79th day before] general primary |
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election [day]. |
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SECTION 21. Section 172.059(a), Election Code, is amended |
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to read as follows: |
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(a) A candidate for nomination may not withdraw from the |
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runoff primary election after 5 p.m. of the 3rd [8th] day after the |
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state canvass under Section 172.120 [general primary election day]. |
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SECTION 22. Section 172.082(c), Election Code, is amended |
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to read as follows: |
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(c) The drawing shall be conducted at the county seat not |
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later than the 10th day after the date of the regular filing |
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deadline for the general primary election [third Tuesday in
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December of an odd-numbered year]. |
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SECTION 23. Section 191.003, Election Code, is amended to |
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read as follows: |
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Sec. 191.003. NOTICE OF CANDIDATES TO SECRETARY OF STATE. |
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The state chair of each political party holding a presidential |
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primary election shall certify the name of each presidential |
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candidate who qualifies for a place on the presidential primary |
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election ballot and deliver the certification to the secretary of |
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state not later than the ninth day after the date of the regular |
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filing deadline for the general [57th day before presidential] |
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primary election [day]. |
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SECTION 24. Section 192.031(a), Election Code, is amended |
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to read as follows: |
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(a) A political party is entitled to have the names of its |
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nominees for president and vice-president of the United States |
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placed on the ballot in a presidential general election if: |
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(1) the nominees possess the qualifications for those |
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offices prescribed by federal law; |
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(2) the party's state chair signs a written |
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certification of: |
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(A) the names of the party's nominees for |
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president and vice-president; and |
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(B) the names and residence addresses of |
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presidential elector candidates nominated by the party, in a number |
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equal to the number of presidential electors that federal law |
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allocates to this state; |
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(3) the party's state chair delivers the written |
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certification to the secretary of state before the later of: |
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(A) 5 p.m. of the 71st [70th] day before |
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presidential election day; or |
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(B) 5 p.m. of the first business day after the |
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date of final adjournment of the party's national presidential |
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nominating convention; and |
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(4) the party is: |
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(A) required or authorized by Subchapter A of |
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Chapter 172 to make its nominations by primary election; or |
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(B) entitled to have the names of its nominees |
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placed on the general election ballot under Chapter 181. |
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SECTION 25. Section 192.062(a), Election Code, is amended |
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to read as follows: |
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(a) The secretary of state shall certify in writing for |
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placement on the ballot the name of a political party's replacement |
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nominee for president or vice-president of the United States if: |
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(1) the original nominee withdraws, dies, or is |
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declared ineligible on or before the 74th day before presidential |
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election day; and |
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(2) the party's state chair delivers certification of |
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the replacement nominee's name, signed by the state chair, to the |
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secretary of state not later than 5 p.m. of the 71st [70th] day |
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before presidential election day. |
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SECTION 26. Section 192.064(a), Election Code, is amended |
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to read as follows: |
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(a) The secretary of state shall certify in writing for |
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placement on the ballot the name of a replacement vice-presidential |
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running mate for an independent candidate for president of the |
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United States if: |
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(1) the original running mate withdraws, dies, or is |
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declared ineligible on or before the 74th day before presidential |
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election day; and |
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(2) the independent presidential candidate delivers |
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certification of the replacement running mate's name, signed by the |
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presidential candidate, to the secretary of state not later than 5 |
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p.m. of the 71st [70th] day before presidential election day. |
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SECTION 27. Section 201.052, Election Code, is amended to |
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read as follows: |
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Sec. 201.052. DATE OF ELECTION. (a) Except as otherwise |
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provided by this code, a special election to fill a vacancy shall be |
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held on the first authorized uniform election date occurring on or |
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after the 46th [45th] day after the date the election is ordered. |
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(b) If a law outside this code authorizes the holding of the |
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election on a date earlier than the 46th [45th] day after the date |
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of the order, the election shall be held on the first authorized |
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uniform election date occurring on or after the earliest date that |
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the election could be held under that law. |
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SECTION 28. Section 201.054(a), Election Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (f), a candidate's |
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application for a place on a special election ballot must be filed |
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not later than: |
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(1) 5 p.m. of the 62nd day before election day, if |
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election day is on or after the 70th day after the date the election |
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is ordered; or |
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(2) 5 p.m. of the 40th [45th] day before election day, |
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if election day is on or after the 46th [57th] day and before the |
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70th day after the date the election is ordered. |
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SECTION 29. Section 202.006(a), Election Code, is amended |
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to read as follows: |
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(a) A political party's state, district, county, or |
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precinct executive committee, as appropriate for the particular |
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office, may nominate a candidate for the unexpired term if: |
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(1) in the case of a party holding a primary election, |
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the vacancy occurs after the fifth day before the date of the |
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regular deadline for candidates to file applications for a place on |
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the ballot for the [62nd day before] general primary election |
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[day]; or |
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(2) in the case of a party nominating by convention, |
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the vacancy occurs after the fourth day before the date the |
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convention having the power to make a nomination for the office |
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convenes. |
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SECTION 30. Section 274.003(b), Election Code, is amended |
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to read as follows: |
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(b) Not later than the 68th [50th] day before election day, |
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the secretary of state shall deliver the certification to the |
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authority responsible for having the official ballot prepared in |
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each county. |
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SECTION 31. Section 11.055(c), Education Code, and Sections |
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65.051(c) and 101.052(g), Election Code, are repealed. |
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SECTION 32. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1703 passed the Senate on |
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April 9, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1703 passed the House on |
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May 5, 2015, by the following vote: Yeas 146, Nays 0, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |