BILL ANALYSIS S.B. 680 By: Shapiro (Madden) 05-04-95 Committee Report (Amended) BACKGROUND Under current law, cities are required to hold a city council election even if no candidates in that election are opposed. Also, write-in candidates are required to declare their candidacy to be eligible for election. If the deadline for such a declaration has passed and all of the candidates are unopposed, the results of the election are known before the election actually takes place. Holding an election, under these conditions, is an unnecessary expense for taxpayers. PURPOSE As proposed, C.S.S.B. 680 provides for the cancellation of and the filing of a declaration of a write-in candidacy in certain elections. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 2, Election Code, by adding Subchapter C, as follows: SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE Sec. 2.051. APPLICABILITY OF SUBCHAPTER. Provides that this subchapter applies only to an election for officers of a political subdivision other than a county in which write-in votes may be counted only for names appearing on a list of write-in candidates and in which each candidate whose name is to appear on the ballot is unopposed, and no proposition is to appear on the ballot. Sec. 2.052. CERTIFICATION OF UNOPPOSED STATUS. (a) Requires the authority responsible for having the official ballot prepared to certify in writing that a candidate is unopposed for election to an office if only one candidate's name is to be placed on the ballot for that office and no candidate's name is to be placed on a list of write-in candidates for that office under applicable law. (b) Requires the certification to be delivered to the governing body of the political subdivision as soon as possible after the filing deadlines for placement on the ballot and list of write-in candidates. Sec. 2.053. ACTION ON CERTIFICATION. (a) Authorizes the governing body of the political subdivision, by order or ordinance, to declare each unopposed candidate elected to the office on receipt of the certification. (b) Provides that the election is not held if a declaration is made under Subsection (a). Requires a copy of the order or ordinance to be posted on election day at each polling place that would have been used in the election. (c) Requires a certificate of election to be issued to each candidate in the same manner as provided for a candidate elected at the election. SECTION 2. Amends Section 146.054, Election Code, as follows: Sec. 146.054. FILING DEADLINE. Requires a declaration of write-in candidacy to be filed no later than 5 p.m. of the 45th day, rather than the 30th day, before election day. Provides that a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate to be filed no later than 5 p.m. of the 42nd day, rather than the 27th day, before election day if a candidate whose name is to appear on the ballot dies or is declared ineligible after the 48th day, rather than the 33rd day, before election day. SECTION 3. Amends Section 23.081(b), Education Code, to make conforming changes. SECTION 4. Amends Section 50.004(d), Water Code, to make conforming changes. SECTION 5. Effective date: September 1, 1995. SECTION 6. Emergency clause. EXPLANATION OF AMENDMENTS Committee No. 1 (Madden) Amends SB 680 by striking SECTION 4 of the bill and substituting a new SECTION 4 which amends Sections 50.004 (a) and (d), Water Code, by adding Chapters 50 (General laws), 55 (water improvement districts), and 58 (irrigation districts) of the Water Code to Section 50.004 (a). SUMMARY OF COMMITTEE ACTION SB 680 was considered by the Committee on Elections in a public hearing on May 3, 1995. The Committee considered one amendment to SB 680. The amendment was adopted without objection. The following person testified in favor of SB 680: Dorothy Palumbo representing the Texas Municipal League. SB 680 was reported favorably as amended with the recommendation that it do pass and be printed, by a record vote of: 7 AYES, 0 NAYS, 0 PNV, 2 ABSENT.