MAD S.B. 993 75(R) BILL ANALYSIS ELECTIONS S.B. 993 By: Cain (Madden) 5-9-97 Committee Report (Unamended) BACKGROUND Currently, the Texas Election Code governs the process for filling the office of precinct chair for the state's respective political parties. A candidate for precinct chair is elected at the general primary by majority vote of the qualified voters of the precinct. Statistics show that approximately 5 percent of the races for precinct chair are contested. This bill established a cost effective and time efficient manner for filling the office of precinct chair by requiring an unopposed candidate for precinct chair to be declared elected at the time of the local canvass of the results of voting in the primary. Other provisions attempt to reduce costs for printing precinct chair races on the ballot, decrease time for distributing the ballots to elections officials, and remove time and expense for qualifying undeclared write-in candidates. PURPOSE The legislation establishes a cost effective and time efficient manner for filling this office by providing that an unopposed candidate for precinct chair shall be declared elected at the time of the local canvass of the results of voting in the primary. In precinct chair races where no candidates have filed, the position shall be filled by the county executive committee in the usual manner. The bill ensures the right of a person to run for the office of precinct chair as a write-in candidate by providing that the person's name appear on the list of write-in candidates consistent with state law for write-in candidates for cities and school districts. These provisions reduce costs for printing precinct chair races on the ballot, decrease time for distributing the ballots to election officials, and remove time and expense for qualifying undeclared write-in candidates. 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 171.022(a), Election Code, relating to the composition of the county executive committee, by adjusting the language referencing how the office of precinct chair is to be filled so that it is consistent with SECTIONS 2 and 3 of the bill. Also changes "chairman" to gender-neutral "chair" in (a)(1) and (a)(2). SECTION 2. Amends Subchapter B, Chapter 171, Election Code, by adding Section 171.0221, which provides that: (a) if only one candidate's name is to be placed on the ballot for the office of precinct chair and no candidate's name is to be placed on the list of write-in candidates for that office, the election for that office is not held, and the unopposed candidate, if otherwise eligible, shall be declared elected to the office at the time of the local canvass; (b) the county chair must prepare a sign that explains that the unopposed candidate for precinct chair, if otherwise eligible, shall be declared elected to the office of precinct chair at the time of the local canvass. The sign shall be distributed with the other election supplies by the county chair to the presiding judge of the election; (c) the county chair would be required to post the name of a candidate declared elected at a public place in the precinct. SECTION 3. Amends Subchapter B, Chapter 171, Election Code, by adding Section 171.0231, establishing a procedure for a person to be a write-in candidate for the office of precinct chair. (a) Except as provided by Subsection (f), a write-in vote for the office of precinct chair may not be counted unless the name written in appears on the list of write-in candidates. (b) A candidate must make a declaration of write-in candidacy to be entitled to a place on the list of write-in candidates. (c) A declaration of write-in candidacy must be filed with the authority with whom an application for a place on the ballot is required to be filed for the office. (d) A declaration of write-in candidacy must be filed not later than 5 p.m.of the 62nd day before general primary election day. However, if a candidate whose name is to appear on the ballot for the office of precinct chair dies or is declared ineligible after the third day before the date of the regular filing deadline prescribed by this subsection, a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5 p.m. of the 59th day before election day. (e) Makes Subchapter B, Chapter 146, applies to write-in voting for the office of precinct chair. (f) If no candidate's name is to be placed on the ballot or the list of write-in candidates for the office of precinct chair, write-in votes may be cast and counted for the office in the regular manner. (g) The secretary of state shall prescribe any procedures necessary to implement this section. SECTION 4. Effective date of September 1, 1997. SECTION 5. Emergency clause.