MAD H.B. 2784 75(R) BILL ANALYSIS ELECTIONS H.B. 2784 By: Denny 4-29-97 Committee Report (Unamended) BACKGROUND Section 145.036 of the Election Code outlines the process for filling a vacancy in a nomination of a political party. However, the process is not explicitly clear. Therefore, confusion can arise under certain circumstances about what the specifics of the process for filling a vacancy might be. PURPOSE The purpose of the legislation is to make current law explicitly clear about what the process is for filling a vacancy in a nomination of a political party. The bill does not change the intent of the law, and the bill does not change the process. It simply clarifies current law. 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 145.036(a) and (b), Election Code, to clarify the process of filling a vacancy in a nomination of a political party by adding language that states that the filling of a vacancy under this section is subject to party rule except as otherwise provided by this code. Language is also added that states that a member of the committee making the replacement nomination who is otherwise eligible to hold the office in which the vacancy in nomination exists may be nominated under this section. SECTION 2. Effective date of September 1, 1997. SECTION 3. Emergency clause.