1-1 By: Shapiro S.B. No. 680
1-2 (In the Senate - Filed February 21, 1995; February 22, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 16, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 March 16, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 680 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the cancellation of and to the filing of a declaration
1-11 of write-in candidacy in certain elections.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 2, Election Code, is amended by adding
1-14 Subchapter C to read as follows:
1-15 SUBCHAPTER C. ELECTION OF UNOPPOSED CANDIDATE
1-16 Sec. 2.051. APPLICABILITY OF SUBCHAPTER. This subchapter
1-17 applies only to an election for officers of a political subdivision
1-18 other than a county in which write-in votes may be counted only for
1-19 names appearing on a list of write-in candidates and in which:
1-20 (1) each candidate whose name is to appear on the
1-21 ballot is unopposed; and
1-22 (2) no proposition is to appear on the ballot.
1-23 Sec. 2.052. CERTIFICATION OF UNOPPOSED STATUS. (a) The
1-24 authority responsible for having the official ballot prepared shall
1-25 certify in writing that a candidate is unopposed for election to an
1-26 office if:
1-27 (1) only one candidate's name is to be placed on the
1-28 ballot for that office under Section 52.003; and
1-29 (2) no candidate's name is to be placed on a list of
1-30 write-in candidates for that office under applicable law.
1-31 (b) The certification shall be delivered to the governing
1-32 body of the political subdivision as soon as possible after the
1-33 filing deadlines for placement on the ballot and list of write-in
1-34 candidates.
1-35 Sec. 2.053. ACTION ON CERTIFICATION. (a) On receipt of the
1-36 certification, the governing body of the political subdivision by
1-37 order or ordinance may declare each unopposed candidate elected to
1-38 the office.
1-39 (b) If a declaration is made under Subsection (a), the
1-40 election is not held. A copy of the order or ordinance shall be
1-41 posted on election day at each polling place that would have been
1-42 used in the election.
1-43 (c) A certificate of election shall be issued to each
1-44 candidate in the same manner as provided for a candidate elected at
1-45 the election.
1-46 SECTION 2. Section 146.054, Election Code, is amended to
1-47 read as follows:
1-48 Sec. 146.054. Filing Deadline. A declaration of write-in
1-49 candidacy must be filed not later than 5 p.m. of the 45th <30th>
1-50 day before election day. However, if a candidate whose name is to
1-51 appear on the ballot dies or is declared ineligible after the 48th
1-52 <33rd> day before election day, a declaration of write-in candidacy
1-53 for the office sought by the deceased or ineligible candidate may
1-54 be filed not later than 5 p.m. of the 42nd <27th> day before
1-55 election day.
1-56 SECTION 3. Subsection (b), Section 23.081, Education Code,
1-57 is amended to read as follows:
1-58 (b) A declaration of write-in candidacy must be filed not
1-59 later than 5 p.m. of the 45th <30th> day before election day.
1-60 However, if a candidate whose name is to appear on the ballot dies
1-61 or is declared ineligible after the 48th <33rd> day before election
1-62 day, a declaration of write-in candidacy for the office sought by
1-63 the deceased or ineligible candidate may be filed not later than
1-64 5 p.m. of the 42nd <27th> day before election day.
1-65 SECTION 4. Subsection (d), Section 50.004, Water Code, is
1-66 amended to read as follows:
1-67 (d) A declaration of write-in candidacy must be filed not
1-68 later than 5 p.m. of the 45th <30th> day before election day.
2-1 However, if a candidate whose name is to appear on the ballot dies
2-2 or is declared ineligible after the 48th <33rd> day before election
2-3 day, a declaration of write-in candidacy for the office sought by
2-4 the deceased or ineligible candidate may be filed not later than 5
2-5 p.m. of the 42nd <27th> day before election day.
2-6 SECTION 5. This Act takes effect September 1, 1995.
2-7 SECTION 6. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.
2-12 * * * * *