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.
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