HB922 - Relating to residence for purposes of voting and other matters affecting a candidate's eligibility.

  89R3259 MPF-F     By: Vasut H.B. No. 922       A BILL TO BE ENTITLED   AN ACT   relating to residence for purposes of voting and other matters   affecting a candidate's eligibility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.015, Election Code, is amended by   adding Subsections (g) and (h) to read as follows:           (g)     A person has not inhabited a place under Subsection (f)   unless the person has slept overnight, eaten, and kept personal   belongings at the place. For purposes of this section, personal   belongings include clothing, medicine, toiletries, furniture, or   other personal property used in connection with daily living.           (h)     A person may not establish a residence at a property   during any period in which the person claims an active residence   homestead exemption for another property.   For purposes of   determining when a residence homestead exemption is active under   this subsection, a residence homestead exemption for another   property is not active on or after the date the person:                 (1)     sold that property in a bona fide sale for value;   or                 (2)     filed an application for a residence homestead   exemption with an appraisal district for the property indicated as   the person's residence on the registration records.          SECTION 2.  Section 141.031(a), Election Code, is amended to   read as follows:          (a)  A candidate's application for a place on the ballot that   is required by this code must:                (1)  be in writing;                (2)  be signed and sworn to before a person authorized   to administer oaths in this state by the candidate and indicate the   date that the candidate swears to the application;                (3)  be timely filed with the appropriate authority;   and                (4)  include:                      (A)  the candidate's name;                      (B)  the candidate's occupation;                      (C)  the office sought, including any place number   or other distinguishing number;                      (D)  an indication of whether the office sought is   to be filled for a full or unexpired term if the office sought and   another office to be voted on have the same title but do not have   place numbers or other distinguishing numbers;                      (E)  a statement that the candidate is a United   States citizen;                      (F)  a statement that the candidate has not been   determined by a final judgment of a court exercising probate   jurisdiction to be:                            (i)  totally mentally incapacitated; or                            (ii)  partially mentally incapacitated   without the right to vote;                      (G)  an indication that the candidate has either   not been finally convicted of a felony or if so convicted has been   pardoned or otherwise released from the resulting disabilities;                      (H)  the candidate's date of birth;                      (I)  the candidate's residence address or, if the   residence has no address, the address at which the candidate   receives mail and a concise description of the location of the   candidate's residence;                       (I-1)     a statement that the candidate has   inhabited the residence described by Paragraph (I);                       (I-2)     the address of any residence at which the   candidate claims a residence homestead exemption;                      (J)  the candidate's length of continuous   residence in the state and in the territory from which the office   sought is elected as of the date the candidate swears to the   application;                      (K)  the statement: "I, __________, of __________   County, Texas, being a candidate for the office of __________,   swear that I will support and defend the constitution and laws of   the United States and of the State of Texas";                      (L)  a statement that the candidate is aware of   the nepotism law, Chapter 573, Government Code; and                      (M)  a public mailing address at which the   candidate receives correspondence relating to the candidate's   campaign, if available, and an electronic mail address at which the   candidate receives correspondence relating to the candidate's   campaign, if available.          SECTION 3.  Section 145.003(a), Election Code, is amended to   read as follows:          (a)  Except for a judicial action under Subchapter F, Chapter   273 [ in which a candidate's eligibility is in issue ], a candidate   may be declared ineligible only as provided by this section.          SECTION 4.  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 50th day before [ first day after   the date of the regular filing deadline for ] the general primary   election.          SECTION 5.  Section 172.057, Election Code, is amended to   read as follows:          Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE   CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT.  A   candidate's name shall be omitted from the general primary election   ballot if the candidate withdraws, dies, or is declared ineligible   on or before the 50th day before the general primary election [ first   day after the date of the regular filing deadline ].          SECTION 6.  Section 172.058(a), Election Code, is amended to   read as follows:          (a)  If a candidate who has made an application for a place on   the general primary election ballot that complies with the   applicable requirements dies or is declared ineligible after the   50th [ first ] day before [ after ] the general primary election [ date   of the regular filing deadline ], the candidate's name shall be   placed on the ballot and the votes cast for the candidate shall be   counted and entered on the official election returns in the same   manner as for the other candidates.          SECTION 7.  Chapter 273, Election Code, is amended by adding   Subchapter F to read as follows:   SUBCHAPTER F. JUDICIAL DETERMINATION OF ELIGIBILITY           Sec.   273.101.     APPLICABILITY OF SUBCHAPTER; EXCLUSIVE   REMEDY. (a) This subchapter applies to any action alleging the   ineligibility of a candidate for a public elective office in this   state.           (b)     This subchapter prevails to the extent of any conflict   between this subchapter and any other law of this state.           (c)     This subchapter provides the exclusive remedy for a   judicial determination of a candidate's eligibility under this   code.           Sec.   273.102.     STANDING. Any registered voter of the   territory from which a candidate seeks to be elected may file an   action challenging the candidate's eligibility under this   subchapter.           Sec.   273.103.     VENUE. Venue for an action under this   subchapter is in the county where the candidate whose eligibility   is being challenged claims a residence on the candidate's voter   registration records or application for a place on the ballot.           Sec.   273.104.     TIME FOR FILING PETITION. A voter may file a   petition challenging the eligibility of a candidate under this   subchapter not later than the 30th day before the relevant election   day.           Sec.   273.105.     CIVIL ACTION WAIVER. (a) Except as provided   by Subsection (b) and only in a year in which a primary election is   held, a voter waives their right to file a legal action challenging   the eligibility of a candidate in a general election if the voter   did not challenge the eligibility of the candidate prior to the   primary election in the same voting year.           (b)     A voter does not waive their right to file a legal action   under Subsection (a) if the voter's action is exclusively based on   evidence the voter learned of after the primary election.           Sec.   273.106.     RELIEF. A petitioner who brings an action   under this subchapter may obtain:                 (1)     declaratory, injunctive, or equitable relief   necessary to effectuate a court's determination that a candidate is   ineligible for the office sought; and                 (2)  court costs.           Sec.   273.107.     DISCOVERY. (a) Discovery in an action under   this subchapter shall be limited to facts relating to the   candidate's eligibility.           (b)  The court shall allow a party expedited discovery if:                 (1)  the petition is a sworn petition; or                 (2)     the court receives the petitioner's sworn motion   providing specific factual allegations of the candidate's   ineligibility and the petitioner asserts that discovery will reveal   evidence of ineligibility.           (c)     The court may allow a party to conduct expedited   discovery for good cause, as determined by the court.           (d)     An order granting expedited discovery under this   section must allow for the deposition of the candidate.           Sec.   273.108.     PRIMARY ELECTION: RULING. In an action under   this subchapter challenging a candidate's eligibility to be a   candidate in a general primary election, the court shall hold an   evidentiary hearing on the petition and shall rule that the   candidate is eligible or is not eligible not later than:                 (1)     the 55th day before election day if the petition   was filed not later than the 70th day before election day; or                 (2)     election day if the petition was filed after the   70th day before election day.           Sec.   273.109.     GENERAL ELECTION: RULING. In an action under   this subchapter challenging a candidate's eligibility to be a   candidate in a general election, the court shall hold an   evidentiary hearing on the petition and shall rule that the   candidate is eligible or is [Text truncated for display. Full text available on Congress.gov.]