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.