HBA-TYH C.S.H.B. 386 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 386 By: Keffer Elections 4/30/1999 Committee Report (Substituted) 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. In 1998, no unqualified party or independent candidate gained access to the ballot, although serious attempts were made. C.S.H.B. 386 opens the Texas ballot by extending the petitioning time, allowing signatures to be withdrawn, and establishing the candidate filing date as July 1.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 142.009, 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 4. 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 Chapters 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 5. 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 6. 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. SECTION 7. 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 before that date is invalid. Deletes existing Subsection (i) (relating to the person's ineligibility to affiliate with another party during the voting year in which the petition is signed). Makes conforming changes. SECTION 8. 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), which authorizes a political party, by rule, to extend the filing deadline for applications for nomination for an office under certain conditions. SECTION 9. Amends Section 181.061, Election Code, to provide that a political party nominating by convention must make its nominations at a state/district/county convention, respectively, held not later than July 15 of the election year, rather than the originally specified dates. Makes conforming changes. SECTION 10. 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 11. Amends Section 182.004(f), Election Code, to make a conforming change. SECTION 12. 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 13. Amends Section 192.032, Election Code, to make conforming changes. SECTION 14. 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 15. Effective date: September 1, 1999. SECTION 16. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original bill by removing SECTION 3 of the original bill, which provides 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, as provided by current statute. The substitute modifies the original bill by redesignating the remainder of the sections accordingly. The substitute modifies the original bill in SECTIONS 6, 7, and 13 by making conforming changes for the offices of governor and president.