S.B. No. 680
AN ACT
1-1 relating to the cancellation of and to the filing of a declaration
1-2 of write-in candidacy in certain elections; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 2, Election Code, is amended by adding
1-5 Subchapter C to read as follows:
1-6 SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE
1-7 Sec. 2.051. APPLICABILITY OF SUBCHAPTER. This subchapter
1-8 applies only to an election for officers of a political subdivision
1-9 other than a county in which write-in votes may be counted only for
1-10 names appearing on a list of write-in candidates and in which:
1-11 (1) each candidate whose name is to appear on the
1-12 ballot is unopposed; and
1-13 (2) no proposition is to appear on the ballot.
1-14 Sec. 2.052. CERTIFICATION OF UNOPPOSED STATUS. (a) The
1-15 authority responsible for having the official ballot prepared shall
1-16 certify in writing that a candidate is unopposed for election to an
1-17 office if:
1-18 (1) only one candidate's name is to be placed on the
1-19 ballot for that office under Section 52.003; and
1-20 (2) no candidate's name is to be placed on a list of
1-21 write-in candidates for that office under applicable law.
1-22 (b) The certification shall be delivered to the governing
1-23 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 Sec. 2.054. COERCION AGAINST CANDIDACY PROHIBITED. (a) A
2-15 person commits an offense if by intimidation or by means of
2-16 coercion the person influences or attempts to influence a person to
2-17 not file an application for a place on the ballot or a declaration
2-18 of write-in candidacy in an election that may be subject to this
2-19 subchapter.
2-20 (b) In this section, "coercion" has the meaning assigned by
2-21 Section 1.07, Penal Code.
2-22 (c) An offense under this section is a Class A misdemeanor
2-23 unless the intimidation or coercion is a threat to commit a felony,
2-24 in which event it is a felony of the third degree.
2-25 SECTION 2. Section 146.054, Election Code, is amended to
3-1 read as follows:
3-2 Sec. 146.054. Filing Deadline. A declaration of write-in
3-3 candidacy must be filed not later than 5 p.m. of the 45th <30th>
3-4 day before election day. However, if a candidate whose name is to
3-5 appear on the ballot dies or is declared ineligible after the 48th
3-6 <33rd> day before election day, a declaration of write-in candidacy
3-7 for the office sought by the deceased or ineligible candidate may
3-8 be filed not later than 5 p.m. of the 42nd <27th> day before
3-9 election day.
3-10 SECTION 3. Subsection (b), Section 23.081, Education Code,
3-11 is amended to read as follows:
3-12 (b) A declaration of write-in candidacy must be filed not
3-13 later than 5 p.m. of the 45th <30th> day before election day.
3-14 However, if a candidate whose name is to appear on the ballot dies
3-15 or is declared ineligible after the 48th <33rd> day before election
3-16 day, a declaration of write-in candidacy for the office sought by
3-17 the deceased or ineligible candidate may be filed not later than
3-18 5 p.m. of the 42nd <27th> day before election day.
3-19 SECTION 4. Subsections (a) and (d), Section 50.004, Water
3-20 Code, are amended to read as follows:
3-21 (a) In a general election for board members under this
3-22 chapter or Chapter 51, 52, 53, <or> 54, 55, or 58 of this code, a
3-23 write-in vote may not be counted unless the name written in appears
3-24 on the list of write-in candidates.
3-25 (d) A declaration of write-in candidacy must be filed not
4-1 later than 5 p.m. of the 45th <30th> day before election day.
4-2 However, if a candidate whose name is to appear on the ballot dies
4-3 or is declared ineligible after the 48th <33rd> day before election
4-4 day, a declaration of write-in candidacy for the office sought by
4-5 the deceased or ineligible candidate may be filed not later than
4-6 5 p.m. of the 42nd <27th> day before election day.
4-7 SECTION 5. This Act takes effect September 1, 1995.
4-8 SECTION 6. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.