JLM H.B. 2262 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
H.B. 2262
By: Smith
5-1-97
Committee Report (Unamended)



BACKGROUND 

Under current law, the deadline for the declaration of a write-in 
candidacy in a city-wide election 
is the 45th day before the election.  However, the deadline for 
the declaration of a write-in 
candidacy in a school board election is the 30th day before the 
election; a 15 day discrepancy as 
compared to city elections.

This 15 day difference becomes a problem when a city or district 
is attempting to prepare a joint 
ballot which contains the races of both city wide offices and 
school board positions.  Due to 
Section 2.052 of the Election Code which states that a race 
cannot be certified as "unopposed" 
until the deadline for declaring a write-in candidacy has passed, 
the city cannot be certain of the 
unopposed status of a school board race before the 30th day 
before an election.  This delay makes 
it unnecessarily difficult to prepare joint ballots and prepare 
for joint elections.

In short, the "unopposed" status of a school board race is left 
in question too long to conveniently 
and efficiently prepare joint ballots due simply to the 
difference between the school board and 
city wide deadlines.

PURPOSE

This bill proposes to amend the deadline by which a candidate 
running in a school board election 
must declare their intention to run as a write-in candidate to 45 
days before the election.

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 Section 11.056(b) of the Education Code by 
striking the word "30th" and 
inserting the word "45th", thereby changing the day on which a 
candidate must 
file declaration of write-in candidacy.

 As well,  a conforming amendment is incorporated in this section 
which allows 
the deadline for write-in candidacy to be extended to the 42nd 
day before an 
election if a candidate whose name appears on the ballot is 
declared ineligible or 
dies after the 48th day of the election.

SECTION 2.  Effective date.