By Danburg H.B. No. 1858
74R4193 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the cancellation of, and to the filing of a declaration
1-3 of write-in candidacy in, certain elections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 2, Election Code, is amended by adding
1-6 Subchapter C to read as follows:
1-7 SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE
1-8 Sec. 2.051. APPLICABILITY OF SUBCHAPTER. This subchapter
1-9 applies only to an election for officers of a political subdivision
1-10 other than a county in which write-in votes may be counted only for
1-11 names appearing on a list of write-in candidates and in which:
1-12 (1) each candidate whose name is to appear on the
1-13 ballot is unopposed; and
1-14 (2) no proposition is to appear on the ballot.
1-15 Sec. 2.052. CERTIFICATION OF UNOPPOSED STATUS. (a) The
1-16 authority responsible for having the official ballot prepared shall
1-17 certify in writing that a candidate is unopposed for election to an
1-18 office if:
1-19 (1) only one candidate's name is to be placed on the
1-20 ballot for that office under Section 52.003; and
1-21 (2) no candidate's name is to be placed on a list of
1-22 write-in candidates for that office under applicable law.
1-23 (b) The certification shall be delivered to the governing
1-24 body of the political subdivision as soon as possible after the
2-1 filing deadlines for placement on the ballot and list of write-in
2-2 candidates.
2-3 Sec. 2.053. ACTION ON CERTIFICATION. (a) On receipt of the
2-4 certification, the governing body of the political subdivision by
2-5 order or ordinance may declare each unopposed candidate elected to
2-6 the office.
2-7 (b) If a declaration is made under Subsection (a), the
2-8 election is not held. A copy of the order or ordinance shall be
2-9 posted on election day at each polling place that would have been
2-10 used in the election.
2-11 (c) A certificate of election shall be issued to each
2-12 candidate in the same manner as provided for a candidate elected at
2-13 the election.
2-14 SECTION 2. Section 146.054, Election Code, is amended to
2-15 read as follows:
2-16 Sec. 146.054. FILING DEADLINE. A declaration of write-in
2-17 candidacy must be filed not later than 5 p.m. of the 45th <30th>
2-18 day before election day. However, if a candidate whose name is to
2-19 appear on the ballot dies or is declared ineligible after the 48th
2-20 <33rd> day before election day, a declaration of write-in candidacy
2-21 for the office sought by the deceased or ineligible candidate may
2-22 be filed not later than 5 p.m. of the 42nd <27th> day before
2-23 election day.
2-24 SECTION 3. Section 23.081(b), Education Code, is amended to
2-25 read as follows:
2-26 (b) A declaration of write-in candidacy must be filed not
2-27 later than 5 p.m. of the 45th <30th> day before election day.
3-1 However, if a candidate whose name is to appear on the ballot dies
3-2 or is declared ineligible after the 48th <33rd> day before election
3-3 day, a declaration of write-in candidacy for the office sought by
3-4 the deceased or ineligible candidate may be filed not later than 5
3-5 p.m. of the 42nd <27th> day before election day.
3-6 SECTION 4. Section 50.004(d), Water Code, is amended to read
3-7 as follows:
3-8 (d) A declaration of write-in candidacy must be filed not
3-9 later than 5 p.m. of the 45th <30th> day before election day.
3-10 However, if a candidate whose name is to appear on the ballot dies
3-11 or is declared ineligible after the 48th <33rd> day before election
3-12 day, a declaration of write-in candidacy for the office sought by
3-13 the deceased or ineligible candidate may be filed not later than 5
3-14 p.m. of the 42nd <27th> day before election day.
3-15 SECTION 5. This Act takes effect September 1, 1995.
3-16 SECTION 6. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.