89th Legislature Regular Session

HB 4309

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 4309 seeks to amend the Election Code by modifying the process for candidates seeking nomination by convention. The bill clarifies the filing fee requirements for candidates of certain political parties. It aims to streamline the filing process by specifying the appropriate party officials who receive the fees or petitions.

Under the bill, to be considered for nomination by convention, a candidate must either pay a filing fee or submit a petition in lieu of the fee. For statewide or district offices, the payment or petition must be submitted to the state chair. For county or precinct offices, it must be submitted to the county chair. This change replaces the current language, which incorrectly designates the county judge as the recipient for local offices, aligning the process more accurately with party administration practices.

Additionally, the bill repeals Sections 181.0311(c) and (d) of the Election Code, removing outdated or redundant provisions related to the filing fee process. The changes intend to make the nomination process more consistent and easier to navigate for candidates seeking to be nominated by convention.

The bill’s effective date is September 1, 2025. By clearly defining the appropriate party officials responsible for receiving fees or petitions, HB 4309 aims to reduce confusion and ensure proper handling of candidate filings.

The original version of HB 4309 and its Committee Substitute both aim to amend the Election Code to clarify the process for candidates seeking nomination by convention, specifically regarding the filing fee requirements. However, the committee substitute introduces some adjustments to further streamline and clarify the process compared to the original bill.

One of the primary differences between the original bill and the Committee Substitute is the language specifying the party officials responsible for receiving filing fees or petitions. The original version of HB 4309 updates the Election Code by removing the outdated references to the "secretary of" and "judge", replacing them with "state chair" for statewide or district offices and "county chair" for county or precinct offices. The purpose of this change is to align the legal text with current practices and ensure consistency. The Committee Substitute retains this adjustment but further clarifies the roles by explicitly stating that the fees and petitions must be submitted to the appropriate party chair, eliminating any ambiguity.

Additionally, both versions of the bill repeal Sections 181.0311(c) and (d) of the Election Code, which include outdated provisions regarding filing fees and petitions. While the original bill simply repeals these sections, the committee substitute provides a more precise rationale for why these provisions are being removed, emphasizing the need to eliminate redundant or outdated language.

In summary, the Committee Substitute builds on the original bill by adding more explicit and structured language to ensure that the filing fee submission process is straightforward and clearly defined. These improvements enhance clarity for candidates and party officials, helping prevent potential administrative confusion.
Author
John Bucy III
Richard Raymond
Hubert Vo
Fiscal Notes

According to the Legislative Budget Board (LBB) , the fiscal implications of HB 4309 are minimal, with no significant impact anticipated at the state or local levels. According to the Legislative Budget Board (LBB), the bill is not expected to have a substantial fiscal effect on the General Revenue Fund or other state financial resources.

The Secretary of State and the Comptroller of Public Accounts both indicate that any potential changes in fee revenue resulting from the bill are unlikely to significantly affect the state’s budget. This assessment is based on the minor adjustments to the filing fee process for candidates seeking nomination by convention, which primarily involve clarifying the roles of party chairs rather than altering the fee structure itself.

Likewise, there is no anticipated fiscal impact on local government units. Since the bill primarily addresses procedural changes and the designation of party officials to receive fees or petitions, it does not impose new costs or administrative burdens on local election offices.

In summary, HB 4309 is expected to have a negligible fiscal impact, ensuring that the revised filing process does not financially strain state or local government resources.

Vote Recommendation Notes

The overall vote recommendation for HB 4309 is "Yes". The bill addresses a disparity in the filing fee process for candidates seeking nomination by convention compared to those nominated by primary election. By standardizing the filing fee procedure across all political parties, HB 4309 promotes fairness, equity, and administrative clarity, which aligns with the principles of individual liberty and limited government.

One of the primary strengths of the bill is that it levels the playing field for candidates from different political parties by ensuring that all candidates pay their filing fees directly to their respective party chairs, regardless of whether the party nominates by primary election or convention. This change eliminates an inconsistent and cumbersome process where some candidates had to pay filing fees to the Secretary of State or county judge. By allowing political parties to handle their own filing fees directly, the bill not only simplifies the nomination process but also reinforces party autonomy and administrative efficiency.

Furthermore, HB 4309 upholds the principle of limited government by reducing the state’s involvement in handling filing fees and allowing political parties to manage this responsibility independently. This reduces administrative burdens on government offices and aligns with the practice already in place for primary-nominating parties. Importantly, the bill has no significant fiscal impact, as confirmed by the LBB, making it a cost-effective solution.

Overall, HB 4309 effectively addresses an unnecessary inconsistency in the electoral process, promotes fair access for all political parties, and reduces bureaucratic complexity. Its balanced approach to streamlining the candidate nomination process makes it a sensible and fair legislative initiative, meriting a positive vote. Texas Policy Research recommends that lawmakers vote YES on HB 4309.

  • Individual Liberty: HB 4309 supports individual liberty by promoting equal treatment of candidates across political parties. Currently, candidates from parties that nominate by convention face different filing fee requirements compared to those from parties that nominate by primary election. By standardizing the process so that all candidates pay filing fees directly to their respective party chairs, the bill eliminates an inconsistency that could hinder equal political participation. This change upholds the principle that all candidates should have a fair and uniform pathway to seek nomination, regardless of party structure.
  • Personal Responsibility: The bill encourages personal responsibility by clarifying that candidates themselves are accountable for submitting filing fees or petitions directly to their party chairs. This direct relationship between the candidate and their party reduces the chances of administrative errors and reinforces the candidate’s duty to ensure that filing requirements are properly completed. By placing the responsibility on the candidate to interact directly with their party rather than a government office, the bill emphasizes self-reliance in the nomination process.
  • Free Enterprise: Although HB 4309 does not directly address economic activities, it indirectly supports free enterprise by reducing bureaucratic complexity. Simplifying the candidate filing process allows political parties—many of which function similarly to private associations—to manage their own affairs with greater efficiency. This approach respects the private nature of political organizations and reduces government intervention in party operations, indirectly fostering a more flexible political environment where parties can independently manage candidate fees.
  • Private Property Rights: HB 4309 does not have a direct impact on private property rights. However, by affirming the autonomy of political parties to collect and manage filing fees, it indirectly supports the broader principle of private association rights. Political parties, as private entities, benefit from having more control over their internal processes, which aligns with the concept of respecting private organizational functions.
  • Limited Government: The bill strongly aligns with the principle of limited government by reducing state involvement in the nomination process. Currently, the state (through the Secretary of State or county judge) collects filing fees for some parties, which is an unnecessary layer of government involvement in what should be a party-controlled process. By allowing parties to handle their own filing fees directly, HB 4309 limits government participation in internal party matters and promotes administrative efficiency. This shift reflects a more hands-off approach by the state in political party operations, respecting their status as private associations.
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