C.S.H.B. 1476 78(R)    BILL ANALYSIS


C.S.H.B. 1476
By: Truitt
Elections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

During the past several legislative sessions, the law has been changed to
allow certain unopposed candidates, including those in local races and in
special elections to fill vacancies in the legislature, to be declared
elected.  This policy promotes efficiency in election administration,
creates simpler ballots, and helps reduce the costs of elections.
CSHB1476 authorizes unopposed candidates for state and county offices to
be declared elected. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
delegated to the secretary of state in SECTION 2 (Section 2.056, Election
Code) of this bill. 


ANALYSIS

CSHB 1476 amends the Election Code by authorizing a certifying authority
to declare a candidate for an office of the state or county government
elected to that office if the candidate is the only person whose name is
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.   

The bill provides, if an unopposed candidate for state or county office is
declared elected, that an election is not held for that office and that
the name of the candidate is listed on the ballot as elected to the
office.  The bill sets forth provisions relating to the placement of the
these candidates names on the ballot.  The bill authorizes the secretary
of state, by rule, to prescribe any additional procedures as necessary to
accommodate a particular voting system or ballot style and to facilitate
the efficient and cost-effective implementation of provisions relating to
unopposed candidates for an office of state or county government. 

The bill requires the certifying authority to issue a certificate of
election to an unopposed candidate for office of state or county
government declared elected in the same manner as provided for a candidate
elected at an election. 

The bill provides that the provisions relating to unopposed candidates for
office of state or county government supersede those relating to separate
listing of unopposed candidates and bloc voting, to the extent of any
conflict. 

The bill provides that the provisions relating to unopposed candidates for
an office of state or county government apply to general elections for
those offices only. 


EFFECTIVE DATE

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


 COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 1476 modifies the original adding rulemaking authority for the
secretary of state.  

The substitute modifies the original by adding provisions relating to the
placement of the unopposed candidates names on the ballot. 

The substitute modifies the original by adding the provision that
provisions relating to unopposed candidates for office of state or county
government supersede those relating to separate listing of unopposed
candidates and bloc voting, to the extent of any conflict. 

The substitute modifies the original by removing references to precinct
offices.