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.