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AN ACT
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relating to repealing the ability to declare certain unopposed |
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candidates for office as elected. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.051(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Section [Sections] 2.055 [and |
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2.056], this subchapter applies only to an election for officers of |
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a political subdivision other than a county in which write-in votes |
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may be counted only for names appearing on a list of write-in |
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candidates and in which each candidate for an office that is to |
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appear on the ballot is unopposed, except as provided by Subsection |
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(b). For purposes of this section, a special election of a |
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political subdivision is considered to be a separate election with |
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a separate ballot from: |
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(1) a general election for officers of the political |
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subdivision held at the same time as the special election; or |
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(2) another special election of the political |
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subdivision held at the same time as the special election. |
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SECTION 2. Section 52.092(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 2.053(c) [or 2.056(e)], |
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for an election at which offices regularly filled at the general |
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election for state and county officers are to appear on the ballot, |
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the offices shall be listed in the following order: |
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(1) offices of the federal government; |
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(2) offices of the state government: |
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(A) statewide offices; |
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(B) district offices; |
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(3) offices of the county government: |
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(A) county offices; |
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(B) precinct offices. |
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SECTION 3. Sections 2.056 and 124.003(e), Election Code, |
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are repealed. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1089 passed the Senate on |
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March 28, 2023, by the following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1089 passed the House on |
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May 18, 2023, by the following vote: Yeas 117, Nays 27, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |