85R1248 ADM-D     By: Dutton H.B. No. 137       A BILL TO BE ENTITLED   AN ACT   relating to filling a vacancy in nomination by special primary   election.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 145.036, Election Code, is amended to   read as follows:          Sec. 145.036.  FILLING VACANCY IN NOMINATION BY SPECIAL   PRIMARY ELECTION. (a) Except as provided by Subsection (b), if a   candidate's name is to be omitted from the ballot under Section   145.035, the political party shall conduct a special primary   election in accordance with Section 172.005 [party's state,   district, county, or precinct executive committee, as appropriate   for the particular office, may nominate a replacement candidate] to   fill the vacancy in the nomination.          (b)  A political party [An executive committee] may conduct a   special primary election [make a replacement nomination] following   a withdrawal only if:                (1)  the candidate:                      (A)  withdraws because of a catastrophic illness   that was diagnosed after the first day after the date of the regular   filing deadline for the general primary election and the illness   would permanently and continuously incapacitate the candidate and   prevent the candidate from performing the duties of the office   sought; and                      (B)  files with the withdrawal request a   certificate describing the illness and signed by at least two   licensed physicians;                (2)  no political party that held primary elections has   a nominee for the office sought by the withdrawing candidate as of   the time of the withdrawal; or                (3)  the candidate has been elected or appointed to   fill a vacancy in another elective office or has become the nominee   for another office.          (c)  Under the circumstances described by Subsection (b)(2),   [the appropriate executive committee of] each political party   making nominations for the general election for state and county   officers may hold a special primary election [make a replacement   nomination] for the office sought by the withdrawing candidate.          (d)  A special primary election held to fill a vacancy in a   nomination shall be ordered by:                (1)  the state chair of the political party if the   vacancy in nomination is for a statewide or district office; or                (2)  the county chair of the political party if the   vacancy in nomination is for a county or precinct office. [For the   purpose of filling a vacancy, a majority of the committee's   membership constitutes a quorum. To be nominated, a person must   receive a favorable vote of a majority of the members present.]          [(e)     A vacancy in a nomination for a district, county, or   precinct office that was made by primary election may not be filled   before the beginning of the term of office of the county executive   committee members elected in the year in which the vacancy occurs.]          SECTION 2.  Sections 145.037(a), (c), and (e), Election   Code, are amended to read as follows:          (a)  For the name of a replacement nominee chosen at a   special primary election to be placed on the general election   ballot, the chair ordering the special primary election [of the   executive committee making the replacement nomination] must   certify in writing the nominee's name for placement on the ballot as   provided by this section.          (c)  In addition to the name of the replacement nominee, the   certification must include:                (1)  the replacement nominee's residence address and   mailing address, if different from the residence address;                (2)  the name of the original nominee;                (3)  the office sought, including any place number or   other distinguishing number;                (4)  the cause of the vacancy; and                (5)  the date and result of the special primary   election [an identification of the executive committee making the   replacement nomination; and                [(6)  the date of the replacement nomination].          (e)  The certification must be delivered not later than 5   p.m. of the 71st day before election day or as soon as practicable   after that time.          SECTION 3.  Subchapter A, Chapter 172, Election Code, is   amended by adding Section 172.005 to read as follows:          Sec. 172.005.  SPECIAL PRIMARY ELECTION. (a) The state   executive committee of each political party holding a primary   election shall adopt rules for the holding of a special primary   election to fill a vacancy in a nomination under Section 145.036.   To the extent possible, the rules shall incorporate the provisions   of this chapter and shall provide for a ranking system of candidates   so that the majority vote requirement can be met through a single   election.          (b)  A special primary election is not subject to the   requirements of Section 41.001(a).          SECTION 4.  Section 572.027(d), Government Code, is amended   to read as follows:          (d)  An individual nominated to fill a vacancy in a   nomination as a candidate for a position as an elected officer under   Chapter 145, Election Code, shall file the financial statement not   later than the 15th day after the date the certificate of nomination   required by Section 145.037 [or 145.038], Election Code, is filed.          SECTION 5.  Sections 145.038 and 171.054(e), Election Code,   are repealed.          SECTION 6.  This Act takes effect September 1, 2017.