HB 3786
AN ACT relating to the declaration of a candidate's ineligibility on the
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Prohibits candidates from filing an application for a place on the primary election ballot or for nomination by convention with more than one political party in the same voting year. If a candidate does so, they become ineligible for the ballot, nomination, and the subsequent general election. The secretary of state is required to provide written notice to the candidate about their ineligibility and give them an opportunity to withdraw from the election, with the candidate's name to be omitted from primary election ballots if they do not withdraw.
Subject Areas
Bill Text
relating to the declaration of a candidate's ineligibility on the basis of filing an application for a place on the general primary election ballot or for nomination by convention with more than one BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 162, Election Code, is amended by adding Section 162.0151 to read as follows: Sec. 162.0151. CANDIDACY PROHIBITED. (a) A candidate who files an application for a place on the general primary election ballot or for nomination by convention with more than one political party in the same voting year shall be ineligible for: (1) a place on the ballot for a general primary (2) nomination by convention; and (3) the succeeding general election as: (B) the nominee of a political party; or (b) A candidate's name shall be omitted from the general primary election ballot of each political party with which the candidate filed an application for a place on the ballot if, not later than the 10th day after the date of the regular filing deadline for the general primary election, the secretary of state determines that the candidate is ineligible under Subsection (a). (c) The secretary of state shall provide written notice to a candidate declared ineligible under this section. The notice required under this subsection shall inform the candidate: (1) of the candidate's ineligibility; (2) that the candidate may withdraw from the general primary election under Section 172.052; and (3) if the candidate refuses to withdraw, the candidate's name shall be omitted from the general primary election (d) The secretary of state shall prescribe any procedures necessary to implement this section. SECTION 2. Section 172.028(c), Election Code, is amended to (c) A candidate's name may not be certified: (1) if, before delivering the certification, the state chair learns that the name is to be omitted from the ballot under Section 162.0151 or Section 172.057; or (2) for an office for which the candidate's application is invalid under Section 141.033. SECTION 3. Section 181.068(c), Election Code, is amended to (c) A presiding officer may not certify a candidate's name: (1) if, before delivering the certification, the presiding officer learns that the name is to be omitted from the ballot under Section 145.035 or Section 162.0151; or (2) for an office for which the candidate's application is invalid under Section 141.033. SECTION 4. Section 182.007(c), Election Code, is amended to (c) The county chair may not certify a candidate's name: (1) if, before delivering the certification, the county chair learns that the name is to be omitted from the ballot under Section 145.035 or Section 162.0151; or (2) for an office for which the candidate's application is invalid under Section 141.033. SECTION 5. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the declaration of a candidate's ineligibility on the
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