SRC-DPW S.B. 544 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 544
76R4010 DRH-DBy: Nixon
State Affairs
2/22/1999
As Filed


DIGEST 

Currently, Texas law allows write-in voting in races in which at least one
candidate has registered as a write-in candidate.  In elections in which no
one registers as a write-in candidate, there is no procedure that allows a
voter to write in another candidate.  This bill would allow voters to cast
write-in vote in all elections. 

PURPOSE

As proposed, S.B. 544 provides guidelines for counting write-in votes for
all elections. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2.051(a), Election Code, to delete a provision in
which write-in votes may be counted only for names appearing on a list of
write-in candidates for an election for officers of a political subdivision
other than a county.  

SECTION 2. Amends Section 146.001, Election Code, to provide that write-in
voting is not permitted in a runoff election or in an election to resolve a
tie.  Provides that this section does not affect the authority of a
political subdivision to cancel an election.  Makes a nonsubstantive
change. 

SECTION 3. Amends Chapter 146A, Election Code, by adding Section 146.003,
as follows: 

Sec. 146.003. COUNTING OF WRITE-IN VOTES. Provides that write-in votes are
not counted unless the total number of write-in votes in the election
equals or exceeds the number of votes received by a candidate whose name is
printed on the ballot.  Provides that write-in votes are counted in an
election if no candidate's name is printed on the ballot or in which a
majority vote is required. 

SECTION 4. Amends Section 49.101, Water Code, to delete a provision
requiring write-in candidacies for any district office to be governed by
Chapter 146C, Election Code. 

SECTION 5.Repealers:

(1) Section 146.002, Election Code (Write-In Voting in Runoff Prohibited).
(2) Chapter 146B, Election Code (Write-in candidate in general election for
state and county officers). 
(3) Chapter 146C, Election Code (Write-in candidate in city election)
(4) Sections 171.0231 and 172.112, Election Code (Write-in Candidate for
Precinct Chair and Write-in Voting). 
(5) Sections 11.056 and 130.0825, Education Code (Write-in Voting and
Write-in Voting in Election for Members of Governing Body). 
(6) Section 63.0945, Water Code (Write-in Candidates).
(7) Section 285.131, Health and Safety Code (Write-in Voting in Election
for Board Members). 

SECTION 6. Effective date: September 1, 1999.

 SECTION 7. Emergency clause.