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By: Johnson (Senate Sponsor - West) |
H.B. No. 184 |
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(In the Senate - Received from the House April 18, 2011; |
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April 20, 2011, read first time and referred to Committee on State |
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Affairs; May 9, 2011, reported favorably by the following vote: |
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Yeas 9, Nays 0; May 9, 2011, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the cancellation of a special election to fill a vacancy |
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in the legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.055, Election Code, is amended to read |
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as follows: |
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Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN |
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LEGISLATURE. (a) The secretary of state shall [may] declare an |
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unopposed candidate elected to fill a vacancy in the legislature |
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if: |
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(1) each candidate for an office that is to appear on |
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the ballot is unopposed; and |
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(2) no proposition is to appear on the ballot. |
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(b) The declaration under Subsection (a) shall be made on |
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the second day after: |
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(1) the last date an application for a place on the |
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special election ballot may be filed; or |
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(2) the date of a withdrawal, death, or final judgment |
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of ineligibility of a candidate that causes the remaining candidate |
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to be unopposed. |
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(c) After [If] a declaration is made under Subsection (a), |
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the election is not held. A copy of the declaration shall be posted |
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on election day at each polling place that would have been used in |
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the election. |
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(d) At the same time a declaration is made under Subsection |
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(a), the [(c) The] secretary of state shall issue a certificate of |
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election to each candidate in the same manner as provided for a |
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candidate elected at the election. |
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SECTION 2. This Act takes effect September 1, 2011. |
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* * * * * |