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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain candidates to pay a filing fee or file |
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a petition as a qualification to appear on the ballot for the |
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general election for state and county officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.004(b), Election Code, is amended to |
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read as follows: |
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(b) An application must, in addition to complying with |
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Section 141.031, be accompanied by: |
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(1) a filing fee in the amount prescribed by Section |
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172.024 for a candidate for nomination for the same office in a |
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general primary election; or |
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(2) a petition that satisfies the requirements |
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prescribed by Section 141.062. |
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SECTION 2. Chapter 142, Election Code, is amended by adding |
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Section 142.0051 to read as follows: |
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Sec. 142.0051. DISPOSITION OF FILING FEE. (a) A filing fee |
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received by the secretary of state shall be deposited in a special |
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account in the general revenue fund that may be appropriated only to |
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the secretary of state for programs related to ballot security. |
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(b) A filing fee received by the county judge shall be |
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deposited in a special account in the county general fund that may |
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be used by the county only for programs related to ballot security. |
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SECTION 3. Section 161.008(c), Election Code, is amended to |
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read as follows: |
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(c) A candidate's name may not be certified if: |
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(1) [,] before delivering the certification, the |
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secretary of state learns that the name is to be omitted from the |
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ballot under Section 145.035; or |
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(2) a candidate nominated by convention fails to meet |
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the requirement of Section 181.008. |
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SECTION 4. Subchapter A, Chapter 181, Election Code, is |
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amended by adding Section 181.008 to read as follows: |
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Sec. 181.008. FILING FEE OR PETITION REQUIRED. (a) To be |
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placed on the ballot for the general election for state and county |
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officers, a candidate for office who is nominated by convention |
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must: |
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(1) pay a filing fee in the amount prescribed by |
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Section 172.024 for a candidate for nomination for the same office |
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in a general primary election; or |
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(2) file a petition that satisfies the requirements |
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prescribed by Subchapter C, Chapter 141, and contains at least the |
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number of signatures prescribed by Section 172.025 to appear on a |
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petition of a candidate for the same office in a general primary |
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election. |
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(b) A fee payment or filing required under Subsection (a) |
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must be made with: |
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(1) the authority responsible for having the ballot |
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prepared in the county, for a county or precinct office; or |
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(2) the secretary of state, for a statewide or |
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district office. |
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(c) The secretary of state shall by rule prescribe the |
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deadline for a fee payment or filing required under Subsection (a). |
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(d) A filing fee received by the authority responsible for |
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having the ballot prepared in the county shall be deposited in a |
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special account in the county general fund that may be used by the |
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county only for programs related to ballot security. |
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(e) A filing fee received by the secretary of state shall be |
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deposited in a special account in the general revenue fund that may |
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be appropriated only to the secretary of state for programs related |
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to ballot security. |
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SECTION 5. This Act takes effect September 1, 2011. |