SRC-JEC S.B. 1213 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1213
78R3023 ATP-DBy: Van de Putte
State Affairs
4/14/2003
As Filed


DIGEST AND PURPOSE 

Current law requires the names of uncontested candidates to appear on
general election ballots. As proposed, S.B. 1213  allows political
subdivisions to declare uncontested candidates "elected" without appearing
on the ballot under certain circumstances.  By eliminating uncontested
candidates, the assumption is that the length and cost of the ballot would
be reduced. 
   
RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 2, Election Code, by adding
Section 2.056, as follows: 

Sec. 2.056.  ELECTION OF UNOPPOSED CANDIDATE FOR LOCAL OFFICE; OMISSION
FROM BALLOT.  (a)  Defines "certifying authority." 

(b)  Provides that this section applies to a general or special election
for an office of a political subdivision. 

(c)  Authorizes a certifying authority to, in its discretion, declare a
candidate elected to an office if the candidate is the only person who has
qualified to appear on the ballot for that office, and write-in votes may
be counted in the election for that office only for names appearing on a
list of write-in candidates, and no candidate's name is to be placed on
the list of write-in candidates for that office. 

(d)  Requires a certifying authority, if it declares a candidate elected
under Subsection (c), to declare elected every candidate in that election
that qualifies to be declared elected under Subsection (c). 

(e)  Provides that if a certifying authority declares a candidate elected
under Subsection (c), the office is not listed in the ballot, and an
election is not held for that office. 

(f)  Requires a copy of the declaration to be posted during the early
voting period and on election day at each polling place where a voter
would have been eligible to vote for a candidate for an office omitted
from the ballot under this section. 

(g)  Requires the certifying authority to issue a certificate of election
to each candidate declared elected under this section in the same manner
as provided for a candidate elected at the election. 

(h)  Provides that if each office to be voted on in an election is omitted
from the ballot under this section and no proposition is to appear on the
ballot, the election is not held. 
 
SECTION 2.  Repealers:

 Section 2.051 (Applicability of Subchapter), Election Code.
 Section 2.052 (Certification of Unopposed Status), Election Code.
 Section 2.053 (Action on Certification), Election Code.

SECTION 3.  Effective date:  the date on which 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 takes effect.  If that amendment is not approved by the
voters, this Act has no effect.