SRC-MAX S.B. 993 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 993
By: Cain
State Affairs
3-19-97
As Filed


DIGEST 

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

As proposed, S.B. 993 sets forth procedures for the election of the office
of precinct chair of a political party under certain conditions. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the secretary of state in SECTION 3
(Section 171.0231(f), Election Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 171.022(a), Election Code, to make a conforming
change.  

SECTION 2. Amends Chapter 171B, Election Code, by adding Section 171.0221,
as follows: 

Sec.  171.0221.  ELECTION NOT HELD FOR OFFICE OF PRECINCT CHAIR.  Requires
a vacancy to be filled in the regular manner 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.  Requires a candidate to be declared elected to the
office at the time of the local canvass under certain conditions. Requires
the county chair to post the name of a candidate declared elected under
Subsection (b) at a public place in the election precinct. 

SECTION 3. Amends Chapter 171B, Election Code, by adding Section 171.0231,
as follows: 

Sec.  171.0231.  WRITE-IN CANDIDATE FOR PRECINCT CHAIR.  Prohibits a
write-in vote for the office of precinct chair from being counted unless
the name written in appears on the list of write-in candidates.  Requires
a candidate to make a declaration of write-in candidacy to be entitles to
a place on the list of write-in candidates.  Requires a declaration of
write-in candidacy to be filed with the authority with whom an application
for a place on the ballot is required to be filed for the office.
Provides that a declaration of write-in candidacy is subject to the filing
deadline and any extension of that deadline applicable to an application
for a place on the ballot for the office.  Provides that Chapter 146B,
Election Code, applies to write-in voting for the office of precinct
chair.  Requires the secretary of state to prescribe any procedures
necessary to implement this section.  

 SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.