Bill Text: TX HB3684 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a procedure for applying for a place on a ballot as a candidate for precinct chair of a political party; providing an administrative penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Elections [HB3684 Detail]
Download: Texas-2023-HB3684-Introduced.html
| 88R9548 TSS-D | ||
| By: Hefner | H.B. No. 3684 | |
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| relating to a procedure for applying for a place on a ballot as a | ||
| candidate for precinct chair of a political party; providing an | ||
| administrative penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 171, Election Code, is | ||
| amended by adding Sections 171.0232 and 171.0233 to read as | ||
| follows: | ||
| Sec. 171.0232. PROCEDURE FOR APPLYING FOR PLACE ON BALLOT | ||
| AS PRECINCT CHAIR. (a) The secretary of state shall adopt rules | ||
| establishing a procedure for the filing of applications with the | ||
| county chair for a place on the ballot as a candidate for precinct | ||
| chair. The procedure must require: | ||
| (1) the county chair to: | ||
| (A) mark on the application the date on which an | ||
| application was received; | ||
| (B) not later than 24 hours after receiving an | ||
| application, send to the person who submitted the application by | ||
| mail or e-mail: | ||
| (i) confirmation that the application was | ||
| received by the county chair; and | ||
| (ii) a copy of the application marked with | ||
| the date the application was received under Subdivision (1)(A); and | ||
| (C) not later than 72 hours after receiving an | ||
| application: | ||
| (i) submit the application to the secretary | ||
| of state; and | ||
| (ii) post notification that the person | ||
| applied for a place on the ballot as a candidate for precinct chair | ||
| on the party's Internet website or on an Internet website or | ||
| bulletin board maintained by the county commissioner's court for | ||
| the purposes of public notice; and | ||
| (2) the secretary of state to verify each application | ||
| submitted. | ||
| (b) The secretary of state may assess an administrative | ||
| penalty of not more than $500 against a county chair for each | ||
| instance in which the chair violates the procedure established | ||
| under Subsection (a). | ||
| Sec. 171.0233. CIVIL LIABILITY. (a) A county chair is | ||
| liable to a person whose application for a place on the ballot as a | ||
| candidate for precinct chair was denied or never received as a | ||
| result of the county chair failing or refusing to comply with or | ||
| delaying the procedure adopted under Section 171.0232 with the | ||
| intention of preventing the person from appearing on the ballot. | ||
| (b) A person who prevails in an action brought under | ||
| Subsection (a) may recover: | ||
| (1) all money spent by the person in preparing to run | ||
| for office including money spent on fund-raising, polling, filing | ||
| fees, staff, or consultants; | ||
| (2) income lost as a result of the time the person | ||
| spent preparing to run for office; and | ||
| (3) court costs and reasonable attorney's fees. | ||
| SECTION 2. As soon as practicable after the effective date | ||
| of this Act but not later than December 1, 2023, the secretary of | ||
| state shall adopt rules as necessary to implement Section 171.0232, | ||
| Election Code, as added by this Act. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a cause of action that accrues on or after January 1, 2024. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
