By: Clemons H.B. No. 1741 73R2218 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to providing the choice of "none of the above" on the 1-3 ballot for the general election for state and county officers. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 9, Election Code, is amended by adding 1-6 Chapter 147 to read as follows: 1-7 CHAPTER 147. "NONE OF THE ABOVE" AS DESIGNATION ON GENERAL 1-8 ELECTION BALLOT 1-9 Sec. 147.001. DESIGNATION ON BALLOT. (a) In the general 1-10 election for state and county officers, the voters shall be given 1-11 the opportunity to vote for "None of the above" instead of for the 1-12 candidates appearing on the ballot or the list of write-in 1-13 candidates. 1-14 (b) The secretary of state shall prescribe the form and 1-15 manner of placing "None of the above" on the ballot. 1-16 Sec. 147.002. EFFECT OF VOTE. (a) If the designation "None 1-17 of the above" receives the most votes for an office, the authority 1-18 responsible for ordering the election for that office shall order a 1-19 special election for the office to be held on a date that occurs at 1-20 least 45 days after the date of the official canvass for that 1-21 office. 1-22 (b) To be entitled to a place on the special election 1-23 ballot, a candidate must file an application for a place on the 1-24 ballot with the authority responsible for ordering the election not 2-1 later than the 10th day after the date the election is ordered. 2-2 (c) An application must comply with Section 141.031 and be 2-3 accompanied by: 2-4 (1) a filing fee in the amount prescribed by Section 2-5 172.024 for a candidate for nomination for the same office in a 2-6 general primary election; or 2-7 (2) a petition that satisfies the requirements 2-8 prescribed by Section 141.062. 2-9 (d) At the special election, the name of each candidate 2-10 shall appear on the ballot without party alignment. "None of the 2-11 above" shall appear on the ballot as a voting option. 2-12 (e) If, at the special election, the designation "None of 2-13 the above" receives a plurality of the vote, the authority 2-14 responsible for ordering the special election shall order another 2-15 special election as provided by this section. The authority shall 2-16 continue to hold special elections until one of the candidates 2-17 obtains a plurality. 2-18 Sec. 147.003. ADDITIONAL PROCEDURES. The secretary of state 2-19 shall prescribe any additional procedures necessary to implement 2-20 this chapter. 2-21 SECTION 2. This Act takes effect September 1, 1993. 2-22 SECTION 3. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended.