By Nixon S.B. No. 544
76R4010 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing write-in votes in all elections.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2.051(a), Election Code, is amended to
1-5 read as follows:
1-6 (a) This subchapter applies only to an election for officers
1-7 of a political subdivision other than a county [in which write-in
1-8 votes may be counted only for names appearing on a list of write-in
1-9 candidates and] in which:
1-10 (1) each candidate whose name is to appear on the
1-11 ballot is unopposed, except as provided by Subsection (b); and
1-12 (2) no proposition is to appear on the ballot.
1-13 SECTION 2. Section 146.001, Election Code, is amended to
1-14 read as follows:
1-15 Sec. 146.001. WRITE-IN VOTES PERMITTED. (a) If [Except as
1-16 otherwise provided by law, if] the name of the person for whom a
1-17 voter desires to vote does not appear on the ballot, the voter may
1-18 write in the name of that person except that write-in voting is not
1-19 permitted in a runoff election or in an election to resolve a tie
1-20 under Section 2.002.
1-21 (b) This section does not affect the authority of a
1-22 political subdivision to cancel an election under Subchapter C,
1-23 Chapter 2.
1-24 SECTION 3. Subchapter A, Chapter 146, Election Code, is
2-1 amended by adding Section 146.003 to read as follows:
2-2 Sec. 146.003. COUNTING OF WRITE-IN VOTES. (a) Except as
2-3 provided by Subsection (b), write-in votes are not counted in an
2-4 election unless the total number of write-in votes in the election
2-5 equals or exceeds the number of votes received by a candidate whose
2-6 name is printed on the ballot.
2-7 (b) Write-in votes are counted in an election:
2-8 (1) if no candidate's name is printed on the ballot
2-9 for an office; or
2-10 (2) in which a majority vote is required for election.
2-11 SECTION 4. Section 49.101, Water Code, is amended to read as
2-12 follows:
2-13 Sec. 49.101. GENERAL. All elections shall be generally
2-14 conducted in accordance with the Election Code except as otherwise
2-15 provided for by this code. [Write-in candidacies for any district
2-16 office shall be governed by Subchapter C, Chapter 146, Election
2-17 Code.]
2-18 SECTION 5. The following are repealed:
2-19 (1) Section 146.002, Election Code;
2-20 (2) Subchapter B, Chapter 146, Election Code;
2-21 (3) Subchapter C, Chapter 146, Election Code;
2-22 (4) Sections 171.0231 and 172.112, Election Code;
2-23 (5) Sections 11.056 and 130.0825, Education Code;
2-24 (6) Section 63.0945, Water Code; and
2-25 (7) Section 285.131, Health and Safety Code.
2-26 SECTION 6. This Act takes effect September 1, 1999.
2-27 SECTION 7. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.