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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