Bill Text: TX SB1703 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the deadlines for certain processes and procedures involving an election.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2015-05-22 - Effective on 9/1/15 [SB1703 Detail]

Download: Texas-2015-SB1703-Comm_Sub.html

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By: Huffman S.B. No. 1703
(In the Senate - Filed March 13, 2015; March 23, 2015, read
first time and referred to Committee on State Affairs;
March 31, 2015, reported favorably by the following vote: Yeas 9,
Nays 0; March 31, 2015, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
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.
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