By: Shapiro S.B. No. 680
A BILL TO BE ENTITLED
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.
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
1-24 filing deadlines for placement on the ballot and list of write-in
2-1 candidates.
2-2 Sec. 2.053. ACTION ON CERTIFICATION. (a) On receipt of the
2-3 certification, the governing body of the political subdivision by
2-4 order or ordinance may declare each unopposed candidate elected to
2-5 the office.
2-6 (b) If a declaration is made under Subsection (a), the
2-7 election is not held. A copy of the order or ordinance shall be
2-8 posted on election day at each polling place that would have been
2-9 used in the election.
2-10 (c) A certificate of election shall be issued to each
2-11 candidate in the same manner as provided for a candidate elected at
2-12 the election.
2-13 SECTION 2. Section 146.054, Election Code, is amended to
2-14 read as follows:
2-15 Sec. 146.054. Filing Deadline. A declaration of write-in
2-16 candidacy must be filed not later than 5 p.m. of the 45th <30th>
2-17 day before election day. However, if a candidate whose name is to
2-18 appear on the ballot dies or is declared ineligible after the 48th
2-19 <33rd> day before election day, a declaration of write-in candidacy
2-20 for the office sought by the deceased or ineligible candidate may
2-21 be filed not later than 5 p.m. of the 42nd <27th> day before
2-22 election day.
2-23 SECTION 3. Subsection (b), Section 23.081, Education Code,
2-24 is amended to read as follows:
2-25 (b) A declaration of write-in candidacy must be filed not
2-26 later than 5 p.m. of the 45th <30th> day before election day.
2-27 However, if a candidate whose name is to appear on the ballot dies
3-1 or is declared ineligible after the 48th <33rd> day before election
3-2 day, a declaration of write-in candidacy for the office sought by
3-3 the deceased or ineligible candidate may be filed not later than
3-4 5 p.m. of the 42nd <27th> day before election day.
3-5 SECTION 4. Subsection (d), Section 50.004, Water Code, is
3-6 amended to read as follows:
3-7 (d) A declaration of write-in candidacy must be filed not
3-8 later than 5 p.m. of the 45th <30th> day before election day.
3-9 However, if a candidate whose name is to appear on the ballot dies
3-10 or is declared ineligible after the 48th <33rd> day before election
3-11 day, a declaration of write-in candidacy for the office sought by
3-12 the deceased or ineligible candidate may be filed not later than 5
3-13 p.m. of the 42nd <27th> day before election day.
3-14 SECTION 5. This Act takes effect September 1, 1995.
3-15 SECTION 6. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.
3-20 COMMITTEE AMENDMENT NO. 1
3-21 Amend S.B. No. 680 by striking SECTION 4 of the bill (senate
3-22 engrossment, page 3, lines 8-16) and substituting the following:
3-23 SECTION 4. Sections 50.004(a) and (d), Water Code, are
3-24 amended to read as follows:
3-25 (a) In a general election for board members under Chapter
3-26 50, 51, 52, 53, <or> 54, 55, or 58 of this code, a write-in vote
3-27 may not be counted unless the name written in appears on the list
4-1 of write-in candidates.
4-2 (d) A declaration of write-in candidacy must be filed not
4-3 later than 5 p.m. of the 45th <30th> day before election day.
4-4 However, if a candidate whose name is to appear on the ballot dies
4-5 or is declared ineligible after the 48th <33rd> day before election
4-6 day, a declaration of write-in candidacy for the office sought by
4-7 the deceased or ineligible candidate may be filed not later than 5
4-8 p.m. of the 42nd <27th> day before election day.
4-9 74R12155 DRH-D Madden