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.

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