85R11522 JRJ-D By: Bell H.B. No. 204 Substitute the following for H.B. No. 204: By: Laubenberg C.S.H.B. No. 204 A BILL TO BE ENTITLED AN ACT relating to placing the name of a deceased or ineligible candidate for public office on the ballot. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 145.039, Election Code, is amended to read as follows: Sec. 145.039. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON GENERAL ELECTION BALLOT. (a) 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. (b) The secretary of state by rule may establish a procedure for issuing a certified notice to voters, to be included in the balloting materials for early voting by mail and given to each voter at each polling place during the early voting period and on election day, that a candidate whose name is printed on the ballot has died or been declared ineligible. SECTION 2. Section 145.065, Election Code, is amended to read as follows: Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO APPEAR ON GENERAL ELECTION BALLOT. (a) 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. (b) The secretary of state by rule may establish a procedure for issuing a certified notice to voters, to be included in the balloting materials for early voting by mail and given to each voter at each polling place during the early voting period and on election day, that a candidate whose name is printed on the ballot has died or been declared ineligible. SECTION 3. Section 145.096, 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, to be included in the balloting materials for early voting by mail and given to each voter at each polling place during the early voting period and on election day, that a candidate whose name is printed on the ballot has died or been declared ineligible. SECTION 4. Section 172.058, 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, to be included in the balloting materials for early voting by mail and given to each voter at each polling place during the early voting period and on election day, that a candidate whose name is printed on the ballot has died or been declared ineligible. SECTION 5. Section 172.060, 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, to be included in the balloting materials for early voting by mail and given to each voter at each polling place during the early voting period and on election day, that a candidate whose name is printed on the ballot has died or been declared ineligible. SECTION 6. Section 232.045, 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, to be included in the balloting materials for early voting by mail and given to each voter at each polling place during the early voting period and on election day, that a candidate whose name is printed on the ballot has died or been declared ineligible. SECTION 7. This Act takes effect September 1, 2017.