1-1 By: Madden, Crownover, Walker H.B. No. 831
1-2 (Senate Sponsor - Shapiro)
1-3 (In the Senate - Received from the House March 19, 2001;
1-4 March 20, 2001, read first time and referred to Committee on State
1-5 Affairs; April 4, 2001, reported favorably by the following vote:
1-6 Yeas 8, Nays 0; April 4, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the cancellation of an election to fill a vacancy in
1-10 the legislature when a candidate is running unopposed.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 2.051(a), Election Code, is amended to
1-13 read as follows:
1-14 (a) Except as provided by Section 2.055, this [This]
1-15 subchapter applies only to an election for officers of a political
1-16 subdivision other than a county in which write-in votes may be
1-17 counted only for names appearing on a list of write-in candidates
1-18 and in which:
1-19 (1) each candidate whose name is to appear on the
1-20 ballot is unopposed, except as provided by Subsection (b); and
1-21 (2) no proposition is to appear on the ballot.
1-22 SECTION 2. Subchapter C, Chapter 2, Election Code, is amended
1-23 by adding Section 2.055 to read as follows:
1-24 Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN LEGISLATURE.
1-25 (a) The secretary of state may declare an unopposed candidate
1-26 elected to fill a vacancy in the legislature if:
1-27 (1) each candidate whose name is to appear on the
1-28 ballot is unopposed;
1-29 (2) no proposition is to appear on the ballot; and
1-30 (3) no candidate's name is to be placed on a list of
1-31 write-in candidates for that office under Subchapter D, Chapter
1-32 146.
1-33 (b) If a declaration is made under Subsection (a), the
1-34 election is not held. A copy of the declaration shall be posted on
1-35 election day at each polling place that would have been used in the
1-36 election.
1-37 (c) The secretary of state shall issue a certificate of
1-38 election to each candidate in the same manner as provided for a
1-39 candidate elected at the election.
1-40 SECTION 3. Chapter 146, Election Code, is amended by adding
1-41 Subchapter D to read as follows:
1-42 SUBCHAPTER D. WRITE-IN CANDIDATE IN SPECIAL ELECTION
1-43 TO FILL VACANCY IN LEGISLATURE
1-44 Sec. 146.081. CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
1-45 In a special election to fill a vacancy in the legislature, a
1-46 write-in vote may not be counted unless the name written in appears
1-47 on the list of write-in candidates.
1-48 Sec. 146.082. DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To
1-49 be entitled to a place on the list of write-in candidates, a
1-50 candidate must file a declaration of write-in candidacy with the
1-51 secretary of state.
1-52 Sec. 146.083. FILING DEADLINE. A declaration of write-in
1-53 candidacy must be filed not later than 5 p.m. of the fifth day
1-54 after the date an application for a place on the ballot is required
1-55 to be filed.
1-56 Sec. 146.084. APPLICABILITY OF OTHER CODE PROVISIONS.
1-57 Subchapter B applies to write-in voting in a special election to
1-58 fill a vacancy in the legislature except to the extent of a
1-59 conflict with this subchapter.
1-60 SECTION 4. This Act takes effect January 1, 2002, but only
1-61 if the constitutional amendment proposed by the 77th Legislature,
1-62 Regular Session, 2001, authorizing the filling of a vacancy in the
1-63 legislature without an election if a candidate is running unopposed
1-64 in an election to fill the vacancy, is approved by the voters. If
2-1 that amendment is not approved by the voters, this Act has no
2-2 effect.
2-3 * * * * *