1-1 AN ACT
1-2 relating to the cancellation of an election to fill a vacancy in
1-3 the legislature when a candidate is running unopposed.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.051(a), Election Code, is amended to
1-6 read as follows:
1-7 (a) Except as provided by Section 2.055, this [This]
1-8 subchapter applies only to an election for officers of a political
1-9 subdivision other than a county in which write-in votes may be
1-10 counted only for names appearing on a list of write-in candidates
1-11 and in which:
1-12 (1) each candidate whose name is to appear on the
1-13 ballot is unopposed, except as provided by Subsection (b); and
1-14 (2) no proposition is to appear on the ballot.
1-15 SECTION 2. Subchapter C, Chapter 2, Election Code, is amended
1-16 by adding Section 2.055 to read as follows:
1-17 Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN LEGISLATURE.
1-18 (a) The secretary of state may declare an unopposed candidate
1-19 elected to fill a vacancy in the legislature if:
1-20 (1) each candidate whose name is to appear on the
1-21 ballot is unopposed;
1-22 (2) no proposition is to appear on the ballot; and
1-23 (3) no candidate's name is to be placed on a list of
1-24 write-in candidates for that office under Subchapter D, Chapter
2-1 146.
2-2 (b) If a declaration is made under Subsection (a), the
2-3 election is not held. A copy of the declaration shall be posted on
2-4 election day at each polling place that would have been used in the
2-5 election.
2-6 (c) The secretary of state shall issue a certificate of
2-7 election to each candidate in the same manner as provided for a
2-8 candidate elected at the election.
2-9 SECTION 3. Chapter 146, Election Code, is amended by adding
2-10 Subchapter D to read as follows:
2-11 SUBCHAPTER D. WRITE-IN CANDIDATE IN SPECIAL ELECTION
2-12 TO FILL VACANCY IN LEGISLATURE
2-13 Sec. 146.081. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
2-14 In a special election to fill a vacancy in the legislature, a
2-15 write-in vote may not be counted unless the name written in appears
2-16 on the list of write-in candidates.
2-17 Sec. 146.082. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To
2-18 be entitled to a place on the list of write-in candidates, a
2-19 candidate must file a declaration of write-in candidacy with the
2-20 secretary of state.
2-21 Sec. 146.083. FILING DEADLINE. A declaration of write-in
2-22 candidacy must be filed not later than 5 p.m. of the fifth day
2-23 after the date an application for a place on the ballot is required
2-24 to be filed.
2-25 Sec. 146.084. APPLICABILITY OF OTHER CODE PROVISIONS.
2-26 Subchapter B applies to write-in voting in a special election to
2-27 fill a vacancy in the legislature except to the extent of a
3-1 conflict with this subchapter.
3-2 SECTION 4. This Act takes effect January 1, 2002, but only
3-3 if the constitutional amendment proposed by the 77th Legislature,
3-4 Regular Session, 2001, authorizing the filling of a vacancy in the
3-5 legislature without an election if a candidate is running unopposed
3-6 in an election to fill the vacancy, is approved by the voters. If
3-7 that amendment is not approved by the voters, this Act has no
3-8 effect.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 831 was passed by the House on March
15, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 831 was passed by the Senate on April
11, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor