HB5430 - 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 political party.

  89R20976 PRL-D     By: Wilson H.B. No. 5430     Substitute the following for H.B. No. 5430:     By:  Shaheen C.S.H.B. No. 5430       A BILL TO BE ENTITLED   AN ACT   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   political party.          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   election;                 (2)  nomination by convention; and                 (3)  the succeeding general election as:                       (A)     an independent candidate in a partisan   election;                       (B)  the nominee of a political party; or                       (C)  a write-in candidate in a partisan election.           (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   ballot.           (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   read as follows:          (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   read as follows:          (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   read as follows:          (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.