78R3023 ATP-D

By:  Uresti                                                       H.B. No. 1344



A BILL TO BE ENTITLED

AN ACT

relating to the election of an unopposed candidate for an office of 
a political subdivision and to omission of that candidate from the 
ballot.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 2, Election Code, is 
amended by adding Section 2.056 to read as follows:
	Sec. 2.056.  ELECTION OF UNOPPOSED CANDIDATE FOR LOCAL 
OFFICE; OMISSION FROM BALLOT.  (a)  In this section, "certifying 
authority" means the governing body of the political subdivision 
for which a candidate seeks office.
	(b)  This section applies to a general or special election 
for an office of a political subdivision.
	(c)  A certifying authority may, in its discretion, declare a 
candidate elected to an office if:
		(1)  the candidate is the only person who has qualified 
to appear on the ballot for that office; and
		(2)  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)  If a certifying authority declares a candidate elected 
under Subsection (c), the certifying authority shall declare 
elected every candidate in that election that qualities to be 
declared elected under Subsection (c).
	(e)  If a certifying authority declares a candidate elected 
under Subsection (c):
		(1)  the office is not listed in the ballot; and                       
		(2)  an election is not held for that office.                          
	(f)  A copy of the declaration shall 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)  The certifying authority shall 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)  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.  Sections 2.051-2.053, Election Code, are 
repealed.               
	SECTION 3.  This Act takes effect on the date on which the 
constitutional amendment proposed by the 78th Legislature, Regular 
Session, 2003, 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, takes effect.  If that amendment is not approved by the 
voters, this Act has no effect.