85R517 JRJ-D     By: Bell H.B. No. 204       A BILL TO BE ENTITLED   AN ACT   relating to placing the name of a withdrawn, deceased, or   ineligible candidate for public office on the ballot.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 145.035, Election Code, is amended to   read as follows:          Sec. 145.035.  PLACEMENT OF WITHDRAWN, DECEASED, OR   INELIGIBLE CANDIDATE'S NAME ON [OMITTED FROM] BALLOT. (a) A   candidate's name shall be omitted from the ballot if the candidate   withdraws, dies, or is declared ineligible on or before the 74th day   before election day.          SECTION 2.  Section 145.039, Election Code, is transferred   to Section 145.035, Election Code, redesignated as Section   145.035(b), and amended to read as follows:          (b)  [Sec. 145.039.     DECEASED OR INELIGIBLE CANDIDATE'S NAME   TO APPEAR ON GENERAL ELECTION BALLOT.] If a candidate dies or is   declared ineligible after the 74th day before election day, the   candidate's name shall be placed on the ballot.          SECTION 3.  Section 145.035, Election Code, is amended by   adding Subsection (c) to read as follows:          (c)  The secretary of state by rule may establish a procedure   for issuing a certified notice to voters on election day that a   candidate whose name is printed on the ballot has withdrawn, died,   or been declared ineligible.          SECTION 4.  The heading to Section 145.064, Election Code,   is amended to read as follows:          Sec. 145.064.  PLACEMENT OF WITHDRAWN, DECEASED, OR   INELIGIBLE CANDIDATE'S NAME ON [OMITTED FROM] BALLOT.          SECTION 5.  Section 145.065, Election Code, is transferred   to Section 145.064, Election Code, redesignated as Section   145.064(c), and amended to read as follows:          (c)  [Sec. 145.065.     DECEASED OR INELIGIBLE CANDIDATE'S NAME   TO APPEAR ON GENERAL ELECTION BALLOT.] If a candidate dies or is   declared ineligible after the 74th day before election day, the   candidate's name shall be placed on the ballot.          SECTION 6.  Section 145.064, Election Code, is amended by   adding Subsection (d) to read as follows:          (d)  The secretary of state by rule may establish a procedure   for issuing a certified notice to voters on election day that a   candidate whose name is printed on the ballot has withdrawn, died,   or been declared ineligible.          SECTION 7.  Section 145.094, Election Code, is amended to   read as follows:          Sec. 145.094.  PLACEMENT OF WITHDRAWN, DECEASED, OR   INELIGIBLE CANDIDATE'S NAME ON [OMITTED FROM] BALLOT. (a) Except   as provided by Subsection (c), the [The] name of a candidate shall   be omitted from the ballot if the candidate:                (1)  dies before the second day before the date of the   deadline for filing the candidate's application for a place on the   ballot;                (2)  withdraws or is declared ineligible within the   time prescribed by Section 145.092(a), in an election subject to   that section;                (3)  withdraws or is declared ineligible within the   time prescribed by Section 145.092(b), in an election subject to   that section; or                (4)  withdraws or is declared ineligible before 5 p.m.   of the 71st day before election day, in an election subject to   Section 145.092(f).          (b)  Except as provided by Subsection (c), a candidate's name   shall be placed on the ballot if the candidate:                (1)  dies on or after the second day before the deadline   for filing the candidate's application for a place on the ballot;                (2)  is declared ineligible after 5 p.m. of the fifth   day after the deadline for filing the candidate's application for a   place on the ballot, in an election subject to Section 145.092(a);                (3)  is declared ineligible after 5 p.m. of the 57th day   before election day, in an election subject to Section 145.092(b);   or                (4)  is declared ineligible after 5 p.m. of the 71st day   before election day, in an election subject to Section 145.092(f).          (c)  If a candidate in a runoff election dies or is declared   ineligible before runoff election day, the candidate's name shall   be placed on the runoff election ballot.          (d)  The secretary of state by rule may establish a procedure   for issuing a certified notice to voters on election day that a   candidate whose name is printed on the ballot has withdrawn, died,   or been declared ineligible [This section does not apply to a runoff   election].          SECTION 8.  Section 172.057, Election Code, is amended to   read as follows:          Sec. 172.057.  PLACEMENT OF WITHDRAWN, DECEASED, OR   INELIGIBLE CANDIDATE'S NAME ON [OMITTED FROM] GENERAL PRIMARY   BALLOT.  (a) 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 first day after the date of the   regular filing deadline.          (b)  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   first day after the date of the regular filing deadline, the   candidate's name shall be placed on the ballot.          (c)  The secretary of state by rule may establish a procedure   for issuing a certified notice to voters on election day that a   candidate whose name is printed on the ballot has withdrawn, died,   or been declared ineligible.          SECTION 9.  The heading to Section 172.058, Election Code,   is amended to read as follows:          Sec. 172.058.  EFFECT OF VOTES CAST FOR DECEASED OR   INELIGIBLE CANDIDATE [CANDIDATE'S NAME TO APPEAR ON GENERAL PRIMARY   BALLOT].          SECTION 10.  Section 172.058(a), Election Code, is amended   to read as follows:          (a)  If the [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   first day after the date of the regular filing deadline, the   candidate's] name of a deceased or ineligible candidate is [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 11.  Section 145.096, Election Code, is repealed.          SECTION 12.  This Act takes effect September 1, 2017.