HB1125112th GA (Historical)Introduced

Amends TCA Title 2; Title 3; Title 4; Title 16; Title 17; Title 27 and Title 29.

ON APRIL 7, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1125, AS AMENDED. AMENDMENT #1 rewrites this bill and: (1) Adds to the present law provisions governing qualifying deadlines to run for office and withdrawal of candidates that if a candidate in a nonpartisan judicial general election, after the qualifying deadline, is appointed to another judicial office or nominated by a political party for another judicial office and within three business days of such appointment or nomination withdraws from the nonpartisan judicial general election, leaving no candidates for the office on the ballot, additional candidates may qualify for the election by filing their petitions as provided by law no later than noon, prevailing time, on the 55th day before the election. There will be no withdrawal period for the additional candidates under this provisions; (2) Adds withdrawal by a judicial candidate who is appointed to another judicial office or nominated for another judicial office to the present law provision whereby if a political party's candidate for any office dies or withdraws because of military call-up for the draft, or physical or mental disability, such physical or mental disability being properly documented by competent medical authority, or is forced to change residence by the candidate's employer for a job-related reason, or is declared ineligible or disqualified by a court, a new nomination may be made by the former nominee's party by any method of nomination authorized by present law and whereby a political party's candidate may withdraw for reasons other than those stated in these provisions, but the political party may make no further nomination for the position in question; and (3) Revises the present law provision whereby no later than noon prevailing time on the 40th day before the election, the chair of the party's state executive committee must file with the county election commission of each county in which the nominee is a candidate a written statement of their name of the new nominee. If any of the events allowing a new nomination occur within 10 days of the 40th day, the time for making a new nomination will be noon, prevailing time on the 10th day following the death or withdrawal. This amendment changes the time period from the 40th day to the 55th day, provides for allowing a new nomination within five days instead of 10, and adds "declaration of ineligibility or disqualification," in addition to death and withdrawal, to this provision. ON APRIL 27, 2022, THE SENATE SUBSTITUTED HOUSE BILL 1125 FOR SENATE BILL 1375, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1125, AS AMENDED. AMENDMENT #2 rewrites this bill to revise the present law provision concerning qualification of additional candidates in a primary election or nonpartisan general election after the qualifying deadline due to death, withdrawal, or disqualification of a qualified candidate leaving no candidates for nomination or office. In such circumstances, present law authorizes additional candidates to qualify for the election or that nomination by filing their petitions as provided by law no later than 12:00 noon, prevailing time on the fortieth day before the election. If the death, withdrawal, or disqualification of the qualified candidate occurs within 10 days of the fortieth day, the qualifying deadline is 12:00 noon, prevailing time on the tenth day following the death or withdrawal. Under this amendment, the death, withdrawal, or disqualification of the qualified candidate must occur on or before 60 days before the primary or general election in order for additional candidates to qualify. Also under this amendment, an additional candidate may qualify by: (1) Filing their petition no later than 12:00 noon, prevailing time, seven calendar days after the death, withdrawal, or disqualification of a qualified candidate; or (2) If a candidate is disqualified by the political party executive committee, file their petition no later than 12:00 noon, prevailing time, seven calendar days after the final determination of the appeal process. This amendment adds that, if a qualifying deadline is extended due to the death, withdrawal, or disqualification of a qualified candidate, there shall not be a withdrawal period. This amendment also adds that, if the qualifying deadline falls on a Saturday, Sunday, or state holiday, the qualifying deadline shall be 12:00 noon, prevailing time, on the previous business day. The provisions of this amendment apply to any event that occurs and subsequently affects the August 4, 2022, primary and general election.

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Overview

ON APRIL 7, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1125, AS AMENDED. AMENDMENT #1 rewrites this bill and: (1) Adds to the present law provisions governing qualifying deadlines to run for office and withdrawal of candidates that if a candidate in a nonpartisan judicial general election, after the qualifying deadline, is appointed to another judicial office or nominated by a political party for another judicial office and within three business days of such appointment or nomination withdraws from the nonpartisan judicial general election, leaving no candidates for the office on the ballot, additional candidates may qualify for the election by filing their petitions as provided by law no later than noon, prevailing time, on the 55th day before the election. There will be no withdrawal period for the additional candidates under this provisions; (2) Adds withdrawal by a judicial candidate who is appointed to another judicial office or nominated for another judicial office to the present law provision whereby if a political party's candidate for any office dies or withdraws because of military call-up for the draft, or physical or mental disability, such physical or mental disability being properly documented by competent medical authority, or is forced to change residence by the candidate's employer for a job-related reason, or is declared ineligible or disqualified by a court, a new nomination may be made by the former nominee's party by any method of nomination authorized by present law and whereby a political party's candidate may withdraw for reasons other than those stated in these provisions, but the political party may make no further nomination for the position in question; and (3) Revises the present law provision whereby no later than noon prevailing time on the 40th day before the election, the chair of the party's state executive committee must file with the county election commission of each county in which the nominee is a candidate a written statement of their name of the new nominee. If any of the events allowing a new nomination occur within 10 days of the 40th day, the time for making a new nomination will be noon, prevailing time on the 10th day following the death or withdrawal. This amendment changes the time period from the 40th day to the 55th day, provides for allowing a new nomination within five days instead of 10, and adds "declaration of ineligibility or disqualification," in addition to death and withdrawal, to this provision. ON APRIL 27, 2022, THE SENATE SUBSTITUTED HOUSE BILL 1125 FOR SENATE BILL 1375, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 1125, AS AMENDED. AMENDMENT #2 rewrites this bill to revise the present law provision concerning qualification of additional candidates in a primary election or nonpartisan general election after the qualifying deadline due to death, withdrawal, or disqualification of a qualified candidate leaving no candidates for nomination or office. In such circumstances, present law authorizes additional candidates to qualify for the election or that nomination by filing their petitions as provided by law no later than 12:00 noon, prevailing time on the fortieth day before the election. If the death, withdrawal, or disqualification of the qualified candidate occurs within 10 days of the fortieth day, the qualifying deadline is 12:00 noon, prevailing time on the tenth day following the death or withdrawal. Under this amendment, the death, withdrawal, or disqualification of the qualified candidate must occur on or before 60 days before the primary or general election in order for additional candidates to qualify. Also under this amendment, an additional candidate may qualify by: (1) Filing their petition no later than 12:00 noon, prevailing time, seven calendar days after the death, withdrawal, or disqualification of a qualified candidate; or (2) If a candidate is disqualified by the political party executive committee, file their petition no later than 12:00 noon, prevailing time, seven calendar days after the final determination of the appeal process. This amendment adds that, if a qualifying deadline is extended due to the death, withdrawal, or disqualification of a qualified candidate, there shall not be a withdrawal period. This amendment also adds that, if the qualifying deadline falls on a Saturday, Sunday, or state holiday, the qualifying deadline shall be 12:00 noon, prevailing time, on the previous business day. The provisions of this amendment apply to any event that occurs and subsequently affects the August 4, 2022, primary and general election.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
15453740

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