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