By Cain                                          S.B. No. 993

      75R4238 GGS-D                           

                                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 chairman, who is the presiding officer,

 1-9     elected at the general primary election by majority vote of the

1-10     qualified voters of the county who vote in the primary on that

1-11     office or appointed by the county executive committee as provided

1-12     by this subchapter;  and

1-13                 (2)  a precinct chairman from each county election

1-14     precinct, elected at the general primary by majority vote of the

1-15     qualified voters of the precinct who vote in the primary on that

1-16     office, subject to Section 171.0221, or appointed by the county

1-17     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 no candidate's name is to be placed on the ballot

1-22     or the list of write-in candidates for the office of precinct

1-23     chair, the election for that office is not held, and the vacancy

1-24     shall be filled in the regular manner.

 2-1           (b)  If only one candidate's name is to be placed on the

 2-2     ballot for the office of precinct chair and no candidate's name is

 2-3     to be placed on the list of write-in candidates for that office,

 2-4     the election for that office is not held, and the unopposed

 2-5     candidate, if otherwise eligible, shall be declared elected to the

 2-6     office at the time of the local canvass.

 2-7           (c)  The county chair shall post the name of a candidate

 2-8     declared elected under Subsection (b) at a public place in the

 2-9     election precinct.

2-10           SECTION 3.  Subchapter B, Chapter 171, Election Code, is

2-11     amended by adding Section 171.0231 to read as follows:

2-12           Sec. 171.0231.  WRITE-IN CANDIDATE FOR PRECINCT CHAIR.  (a)

2-13     A write-in vote for the office of precinct chair may not be counted

2-14     unless the name written in appears on the list of write-in

2-15     candidates.

2-16           (b)  To be entitled to a place on the list of write-in

2-17     candidates, a candidate must make a declaration of write-in

2-18     candidacy.

2-19           (c)  A declaration of write-in candidacy must be filed with

2-20     the authority with whom an application for a place on the ballot is

2-21     required to be filed for the office.

2-22           (d)  A declaration of write-in candidacy is subject to the

2-23     filing deadline and any extension of that deadline applicable to an

2-24     application for a place on the ballot for the office.

2-25           (e)  With the appropriate modifications and to the extent

2-26     practicable, Subchapter B, Chapter 146, applies to write-in voting

2-27     for the office of precinct chair.

 3-1           (f)  The secretary of state shall prescribe any procedures

 3-2     necessary to implement this section.

 3-3           SECTION 4.  This Act takes effect September 1, 1997.

 3-4           SECTION 5.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.