1-1 By: Cain, Wentworth, Madla S.B. No. 993
1-2 (In the Senate - Filed March 6, 1997; March 11, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 30, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; April 30, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 993 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the election of the office of precinct chair of a
1-11 political party.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 171.022, Election Code,
1-14 is amended to read as follows:
1-15 (a) A county executive committee consists of:
1-16 (1) a county chair [chairman], who is the presiding
1-17 officer, elected at the general primary election by majority vote
1-18 of the qualified voters of the county who vote in the primary on
1-19 that office or appointed by the county executive committee as
1-20 provided by this subchapter; and
1-21 (2) a precinct chair [chairman] from each county
1-22 election precinct, elected at the general primary by majority vote
1-23 of the qualified voters of the precinct who vote in the primary on
1-24 that office, subject to Section 171.0221, or appointed by the
1-25 county executive committee as provided by this subchapter.
1-26 SECTION 2. Subchapter B, Chapter 171, Election Code, is
1-27 amended by adding Section 171.0221 to read as follows:
1-28 Sec. 171.0221. ELECTION NOT HELD FOR OFFICE OF PRECINCT
1-29 CHAIR. (a) If only one candidate's name is to be placed on the
1-30 ballot for the office of precinct chair and no candidate's name is
1-31 to be placed on the list of write-in candidates for that office,
1-32 the election for that office is not held, and the unopposed
1-33 candidate, if otherwise eligible, shall be declared elected to the
1-34 office at the time of the local canvass.
1-35 (b) The county chair shall prepare a sign that states:
1-36 "Pursuant to Section 171.0221, Election Code, (insert name of
1-37 unopposed candidate for precinct chair), if otherwise eligible,
1-38 shall be declared elected to the office of precinct chair at the
1-39 time of the local canvass." The county chair shall distribute
1-40 copies of the sign to the presiding judge of the election precinct
1-41 with the other election supplies. An election officer shall post
1-42 the sign in one or more locations in the polling place where it can
1-43 be read by persons waiting to vote.
1-44 (c) The county chair shall post the name of a candidate
1-45 declared elected under Subsection (a) at a public place in the
1-46 election precinct.
1-47 SECTION 3. Subchapter B, Chapter 171, Election Code, is
1-48 amended by adding Section 171.0231 to read as follows:
1-49 Sec. 171.0231. WRITE-IN CANDIDATE FOR PRECINCT CHAIR.
1-50 (a) Except as provided by Subsection (f), a write-in vote for the
1-51 office of precinct chair may not be counted unless the name written
1-52 in appears on the list of write-in candidates.
1-53 (b) To be entitled to a place on the list of write-in
1-54 candidates, a candidate must make a declaration of write-in
1-55 candidacy.
1-56 (c) A declaration of write-in candidacy must be filed with
1-57 the authority with whom an application for a place on the ballot is
1-58 required to be filed for the office.
1-59 (d) A declaration of write-in candidacy must be filed not
1-60 later than 5 p.m. of the 62nd day before general primary election
1-61 day. However, if a candidate whose name is to appear on the ballot
1-62 for the office of precinct chair dies or is declared ineligible
1-63 after the third day before the date of the regular filing deadline
1-64 prescribed by this subsection, a declaration of write-in candidacy
2-1 for the office sought by the deceased or ineligible candidate may
2-2 be filed not later than 5 p.m. of the 59th day before election day.
2-3 (e) With the appropriate modifications and to the extent
2-4 practicable, Subchapter B, Chapter 146, applies to write-in voting
2-5 for the office of precinct chair.
2-6 (f) If no candidate's name is to be placed on the ballot or
2-7 the list of write-in candidates for the office of precinct chair,
2-8 write-in votes may be cast and counted for the office in the
2-9 regular manner.
2-10 (g) The secretary of state shall prescribe any procedures
2-11 necessary to implement this section.
2-12 SECTION 4. This Act takes effect September 1, 1997.
2-13 SECTION 5. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.
2-18 * * * * *