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


Senate Research CenterC.S.S.B. 993
By: Cain
State Affairs
4-28-97
Committee Report (Substituted)


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, C.S.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 conforming
and nonsubstantive changes.  

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 candidate to be declared elected to the office at the time of
the local canvass under certain conditions.  Requires the county chair to
prepare a sign that states certain information regarding the election of
the office of precinct chair.  Requires the county chair to distribute
copies of the sign to the presiding judge of the election precinct with
the other election supplies.  Requires an election officer to post the
sign in certain locations at the polling place. Requires the county chair
to post the name of a candidate declared elected under Subsection (a) 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, except as
provided by Subsection (f).  Requires a candidate to make a declaration of
write-in candidacy to be entitled 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. Requires a  declaration of write-in candidacy to be filed not
later than a certain date and time and provides exceptions from this
requirement on the ground of  death or ineligibility.   Provides that
Chapter 146B, Election Code, applies to write-in voting for the office of
precinct chair. Authorizes write-in votes to be cast and counted for the
office in the regular manner under certain conditions. 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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 171.022(a), Election Code, to make an inclusive language
change from "chairman" to "chair." 

SECTION 2.

Amends Chapter 171B, by adding Section 171.0221 to delete proposed
Subsection (a) which required a vacancy  in the office to be filled in a
regular manner under certain conditions. Redesignates proposed Subsection
(b) as new Subsection (a).  Adds new Subsection (b) to require the county
chair to prepare a sign that states certain information regarding the
election for the office of precinct chair.  Requires the county chair to
distribute copies of the sign to the presiding judge of the election
precinct with the other election supplies.  Requires an election officer
to post the sign in certain locations at the polling place. 

SECTION 3.

Amends Chapter 171B, Election Code, by adding Section 171.0231 to require
a declaration of write-in candidacy to be filed by a certain date and time
and provides exceptions from this requirement on the grounds of death and
declared ineligibility.  Authorizes write-in votes to be cast and counted
for the office in the regular manner under certain conditions.