C.S.H.B. 1344 78(R)    BILL ANALYSIS


C.S.H.B. 1344
By: Uresti
Elections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the names of uncontested candidates are required to
appear on general and special election ballots.  This can result in
unnecessarily lengthy ballots.  For example, the November 2002 general
election ballot for Bexar County contained 29 uncontested races, which
represented 58% of the races on the ballot.  Including these uncontested
races adds to the length and cost for the ballot, requires additional time
for counting the ballots, and complicates the preparation process for
conducting the election.  CSHB 1344 provides for the omission of unopposed
candidates from the ballot. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 
   
ANALYSIS

CSHB 1344 amends the Election Code to authorize a certifying authority to
declare a candidate elected to an office of a political subdivision if the
candidate is the only person who has qualified to appear on the ballot for
that office and if no candidate's name is to be placed on the list of
write-in candidates for that office (unopposed local candidate).   

The bill requires the certifying authority, if the certifying authority
declares an unopposed local candidate elected, to declare elected every
qualifying unopposed local candidate in that election.  The bill requires
a copy of the declaration to be posted during the early voting period and
on election day at each applicable polling place.  The bill requires the
certifying authority to issue a certificate of election to each unopposed
local candidate declared elected in the same manner as for a candidate
elected at the election. 

The bill provides, if the certifying authority declares unopposed local
candidates elected, that these offices are not listed on the ballot and
that an election is not held for these offices.  The bill also provides,
if each office to be voted on in an election is uncontested and if no
proposition is to appear on the ballot, that the election is not held. 

The bill provides that these provisions relating to unopposed candidates
for local office apply to general or special elections. 

The bill repeals certain provisions relating to the election of unopposed
candidates. 


EFFECTIVE DATE

November 4, 2003, subject to voter approval of the constitutional
amendment authorizing the legislature to permit a person to assume an
office of a political subdivision without an election if the person is the
only candidate to qualify in an election for that office.  




 COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 1344 modifies the original by requiring the certifying authority
declare elected every candidate in that election that qualifies, rather
than qualities, to be declared elected. 

The substitute also modifies the original by providing, for candidates
declared elected, that the office is not listed on, rather than in, the
ballot.