HBA-TYH H.B. 386 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 386
By: Keffer
Elections
3/28/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas ballot access provisions are strict compared to those of
other states, and this may be a factor leading to instances of uncontested
races.  Parties have resorted to hiring paid petitioners to collect the
90,000+ signatures that are generally required to become qualified.  Cost
estimates for petitioning for ballot access in Texas now exceed $200,000.
In 1998, no unqualified or independent candidate qualified for the ballot,
although serious attempts were made.  H.B.  386 opens the Texas ballot by
reducing the number of required signatures to 10,000, extending the
petitioning time, allowing signatures to be withdrawn, and establishing the
candidate filing date as July 1.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 141.064, Election Code, to delete ascertaining
the correctness of each registration number entered on the petition as part
of the procedure to be followed by a person circulating a petition. 

SECTION 2.  Amends Section 142.006 (a), Election Code, to provide that an
application for a place on the ballot must be filed not later than 5 p.m.
on July 1 of the election year, rather than 5 p.m. of the 30th day after
runoff primary election day, except as provided by Section 202.007 (Filing
Deadline for Application of Independent Candidate). 

SECTION 3.  Amends Section 142.007, Election Code, to provide that the
minimum number of signatures that must appear on a candidate's petition for
a statewide office is 10,000, rather than one percent of the total vote
received by all candidates for governor in the most recent gubernatorial
general election. 

SECTION 4.  Amends Section 142.009, Election Code, as follows:

Sec. 142.009.  New title: TIME FOR CIRCULATION OF PETITION.  Provides that
a signature on a candidate's petition is invalid if the signer signed
before January 1 or after July 1 of the election year, rather than on or
before general primary election day or on or before runoff primary election
day.  Deletes "to be circulated after primary" from existing title. 

SECTION 5.  Amends Section 172.026, Election Code, as follows:

Sec. 172.026.  New title:  INVALID SIGNATURE.  Provides that a signature on
a petition to be filed under Section 172.021 (Application Required) is
invalid if, in the voting year in which the primary election is held, the
signer previously signed a petition filed under Section 172.021 for another
political party's primary election or a petition to be filed under Chapter
181 (Party with State Organization) or 182 (Party Without State
Organization) to qualify another political party to have the names of its
nominees placed on the ballot for the general election for state and county
officers.  Deletes "restriction on petition signer" from existing title.
Makes conforming changes. 
 
SECTION 6.  Amends Section 172.027, Election Code, to set forth the
required language of the statement that must appear at the top of each page
of a petition to be filed under Section 172.021. Makes conforming changes. 

SECTION 7.  Amends Section 181.005 (a), Election Code, to provide that, to
be entitled to have the names of its nominees placed on the general
election ballot, a political party required to make nominations by
convention must file with the secretary of state lists of precinct
convention participants not later than July 1 of the election year, rather
than the 75th day after the date of the precinct conventions held under
this chapter.  Makes  a conforming change. 

SECTION 8.  Amends Section 181.006, Election Code, to provide that a
statement appearing at the top of each page of the petition must provide
additional specifications stating that the signing individual understands
that his signature on subsequent petitions is invalid and that the
individual's signature on this petition becomes invalid if, after signing
the petition, the individual votes in the primary or participates in
another party's convention.  Prohibits the petition from being circulated
before January 1 of the election year, rather than until after the date of
the party's precinct conventions.  Provides that a signature obtained after
that date is invalid.  Deletes existing Subsection (i) and redesignates
Subsections (j)-(k) to Subsections (i)-(j).  Makes conforming changes. 

SECTION 9.  Amends Section 181.033 (a), Election Code, to provide that an
application for nomination by a convention must be filed not later than the
filing deadline of parties nominating candidates by primary election,
rather than 5 p.m. on January 2 preceding the convention, except as
provided in Subsection (b). 

SECTION 10.  Amends Section 181.061, Election Code, to provide that a
political party nominating by convention must make its nominations at a
state/county/district convention, respectively, held not later than July 15
of the election year, rather than the originally specified dates.  Makes
conforming changes. 

SECTION 11.  Amends Section 182.003, Election Code, to provide that, to be
entitled to have the names of its nominees placed on the general election
ballot, a political party required to make nominations by convention must
file with the secretary of state lists of precinct convention participants,
not later than July 15 of the election year, rather than the 75th day after
the date of the precinct conventions held under this chapter. 

SECTION 12.  Amends Section 182.004 (f), Election Code, to provide that
Sections 182.006 (f)-(i), rather than (f)-(j), apply to a petition
circulated under this section. 

SECTION 13.  Amends Section 182.005, Election Code, to make conforming
changes with regards to the due date of nominations made by county
conventions.  Provides that a party by rule may allow its precinct
conventions to be held as caucuses at its county convention. 

SECTION 14.  Amends Section 192.032, Election Code, to make conforming
changes with regards to the due date of an independent candidate's
application for a place on the ballot and the number of signature that must
appear on the candidate's petition. 

SECTION 15.  Repealer: Section 181.063, Election Code (Hour and Place of
Precinct and County Conventions) (Section 181.063 requires the hours and
places for convening the county conventions and precinct conventions to be
set as provided by 174.022(b) (Time and Place of Convention).). 

SECTION 16.  Effective date: September 1, 1999.

SECTION 17.  Emergency clause.