MAD H.B. 2971 75(R)    BILL ANALYSIS


ELECTIONS
H.B. 2971
By: Madden
4-29-97
Committee Report (Unamended)



BACKGROUND 

Under current law, it is not permissible for the spouse of an individual
on the ballot to be officially involved in the conduct of an election.
When individuals don't legitimize or formalize their marriage union using
civil and/or ecclesiastical conventions, it is less clear who should be
disqualified from participation in the conduct of an election when their
spouse is on the ballot. Being the decision to form a family unit based on
a common law arrangement is gaining in popularity, the eligibility
standard should be clarified so this relationship results in a prohibition
against being involved in an election in an official capacity if one is
married to a candidate on the ballot. 

PURPOSE

The legislation would preclude from official participation in an election
the spouse of a candidate on the ballot joined by common law marriage same
as the spouse of a candidate on the ballot bound by a civilly sanctioned
and/or publicly affirmed marriage is precluded from official participation
in an 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 Chapter 1, Election Code, by adding Section 1.017 to
clarify that if one has ties by informal marriage to a candidate on the
ballot, they are disqualified from assisting or participating in the
conduct of an election in any official capacity, same as the spouse of a
candidate on the ballot bound by formal marriage. 

SECTION 2.  Emergency Clause.