75R11187 GGS-D
By Telford H.B. No. 1400
Substitute the following for H.B. No. 1400:
By Jones of Dallas C.S.H.B. No. 1400
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the election of the office of precinct chair of a
1-3 political party.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 171.022(a), Election Code, is amended to
1-6 read as follows:
1-7 (a) A county executive committee consists of:
1-8 (1) a county chair [chairman], who is the presiding
1-9 officer, elected at the general primary election by majority vote
1-10 of the qualified voters of the county who vote in the primary on
1-11 that office or appointed by the county executive committee as
1-12 provided by this subchapter; and
1-13 (2) a precinct chair [chairman] from each county
1-14 election precinct, elected at the general primary by majority vote
1-15 of the qualified voters of the precinct who vote in the primary on
1-16 that office, subject to Section 171.0221, or appointed by the
1-17 county executive committee as provided by this subchapter.
1-18 SECTION 2. Subchapter B, Chapter 171, Election Code, is
1-19 amended by adding Section 171.0221 to read as follows:
1-20 Sec. 171.0221. ELECTION NOT HELD FOR OFFICE OF PRECINCT
1-21 CHAIR. (a) If only one candidate's name is to be placed on the
1-22 ballot for the office of precinct chair and no candidate's name is
1-23 to be placed on the list of write-in candidates for that office,
1-24 the election for that office is not held, and the unopposed
2-1 candidate, if otherwise eligible, shall be declared elected to the
2-2 office at the time of the local canvass.
2-3 (b) The county chair shall prepare a sign that states:
2-4 "Pursuant to Section 171.0221, Election Code, (insert name of
2-5 unopposed candidate for precinct chair), if otherwise eligible,
2-6 shall be declared elected to the office of precinct chair at the
2-7 time of the local canvass." The county chair shall distribute
2-8 copies of the sign to the presiding judge of the election precinct
2-9 with the other election supplies. An election officer shall post
2-10 the sign in one or more locations in the polling place where it can
2-11 be read by persons waiting to vote.
2-12 (c) The county chair shall post the name of a candidate
2-13 declared elected under Subsection (a) at a public place in the
2-14 election precinct.
2-15 SECTION 3. Subchapter B, Chapter 171, Election Code, is
2-16 amended by adding Section 171.0231 to read as follows:
2-17 Sec. 171.0231. WRITE-IN CANDIDATE FOR PRECINCT CHAIR.
2-18 (a) Except as provided by Subsection (f), a write-in vote for the
2-19 office of precinct chair may not be counted unless the name written
2-20 in appears on the list of write-in candidates.
2-21 (b) To be entitled to a place on the list of write-in
2-22 candidates, a candidate must make a declaration of write-in
2-23 candidacy.
2-24 (c) A declaration of write-in candidacy must be filed with
2-25 the authority with whom an application for a place on the ballot is
2-26 required to be filed for the office.
2-27 (d) A declaration of write-in candidacy must be filed not
3-1 later than 5 p.m. of the 62nd day before general primary election
3-2 day. However, if a candidate whose name is to appear on the ballot
3-3 for the office of precinct chair dies or is declared ineligible
3-4 after the third day before the date of the regular filing deadline
3-5 prescribed by this subsection, a declaration of write-in candidacy
3-6 for the office sought by the deceased or ineligible candidate may
3-7 be filed not later than 5 p.m. of the 59th day before election
3-8 day.
3-9 (e) With the appropriate modifications and to the extent
3-10 practicable, Subchapter B, Chapter 146, applies to write-in voting
3-11 for the office of precinct chair.
3-12 (f) If no candidate's name is to be placed on the ballot or
3-13 the list of write-in candidates for the office of precinct chair,
3-14 write-in votes may be cast and counted for the office in the
3-15 regular manner.
3-16 (g) The secretary of state shall prescribe any procedures
3-17 necessary to implement this section.
3-18 SECTION 4. This Act takes effect September 1, 1997.
3-19 SECTION 5. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.