79R6265 JRJ-D

By:  Denny                                                        H.B. No. 2319



A BILL TO BE ENTITLED

AN ACT

relating to the election of unopposed candidates.                             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2.051, Election Code, is amended to read 
as follows:     
	Sec. 2.051.  APPLICABILITY OF SUBCHAPTER.  (a)  Except as 
provided by Sections 2.055 and 2.056, this subchapter applies only 
to an election for officers of a political subdivision other than a 
county in which write-in votes may be counted only for names 
appearing on a list of write-in candidates and in which:
		(1)  each candidate for an office that [whose name] is 
to appear on the ballot is unopposed, except as provided by 
Subsection (b); and
		(2)  no proposition is to appear on the ballot.                               
	(b)  In the case of an election in which any members of the 
political subdivision's governing body are elected from 
territorial units such as single-member districts, this subchapter 
applies to the election in a particular territorial unit if each 
candidate for an office that [whose name] is to appear on the ballot 
in that territorial unit is unopposed and no at-large proposition 
or opposed at-large race is to appear on the ballot.  This 
subchapter applies to an unopposed at-large race in such an 
election regardless of whether an opposed race is to appear on the 
ballot in a particular territorial unit.
	SECTION 2.  Section 2.052(a), Election Code, is amended to 
read as follows:  
	(a)  The authority responsible for having the official 
ballot prepared shall certify in writing that a candidate is 
unopposed for election to an office if, were the election held, only 
the votes cast for that candidate in the election for that office 
may be counted[:
		[(1)  only one candidate's name is to be placed on the 
ballot for that office under Section 52.003; and
		[(2)  no candidate's name is to be placed on a list of 
write-in candidates for that office under applicable law].
	SECTION 3.  Section 2.055(a), Election Code, is amended to 
read as follows:  
	(a)  The secretary of state may declare an unopposed 
candidate elected to fill a vacancy in the legislature if:
		(1)  each candidate for an office that [whose name] is 
to appear on the ballot is unopposed; and
		(2)  no proposition is to appear on the ballot [; and        
		[(3)  no candidate's name is to be placed on a list of 
write-in candidates for that office under Subchapter D, Chapter 
146].
	SECTION 4.  Section 2.056(c), Election Code, is amended to 
read as follows:  
	(c)  A certifying authority may declare a candidate elected 
to an office of the state or county government if, were the election 
held, only the votes cast for that candidate in the election for 
that office may be counted[:
		[(1)  the candidate is the only person whose name is to 
appear on the ballot for that office; and
		[(2)  no candidate's name is to be placed on a list of 
write-in candidates for that office under Subchapter B, Chapter 
146].
	SECTION 5.  This Act applies only to an election ordered on 
or after the effective date of this Act.
	SECTION 6.  This Act takes effect September 1, 2005.