S.B. 1215 78(R)    BILL ANALYSIS


S.B. 1215
By: Van de Putte
Elections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, the deadline for ordering an election is 45 days before
election day.  This time allows local governing authorities time to meet
the many requirements for the administration of and to prepare for
elections.  In the recent past, Texas has expanded voting opportunities to
include an early voting period prior to election day.  The deadline for
ordering an election, however, has not been changed to accommodate this
early voting period.  Senate Bill 1215  changes the deadline for ordering
an election and conforms other election-related deadlines to the new date. 
 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the secretary of state in SECTION 4 (Section 144.005, Election
Code) of this bill. 


ANALYSIS

Senate Bill 1215 amends the Election, Education, Health and Safety,  and
Water Codes by requiring an authority of a political subdivision to order
an election not later than the 62nd, rather than the 45th, day before
election day.  The bill modifies the deadline for filing an application
for a place on the ballot, for omitting the name of a candidate from the
ballot, and for filing a declaration of writein candidacy to conform with
the change in the deadline for ordering an election.  

The bill requires the governing body of a political subdivision for which
a deadline for filing for candidacy is prescribed by a law outside of the
Election Code to take appropriate action to comply with the new deadline
for ordering an election and to adjust any affected date, deadline, or
procedure to allow the same interval of time in relation to the filing
deadline.  The bill requires the secretary of state to prescribe any rules
necessary to facilitate the implementation of these changes.  


EFFECTIVE DATE

November 1, 2003.