BILL ANALYSIS

 

 

 

H.B. 1852

By: Israel

Elections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

It is noted that many elections in Texas are won by candidates who, despite running unopposed, still appear on the ballot. There are concerns that this causes voter confusion and makes voters spend more time than necessary in the voting booth. H.B. 1852 seeks to address this issue by providing for the declaration of certain unopposed candidates as elected.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 1852 amends the Election Code to replace the authorization for the governing body of a political subdivision, on receipt of certification that a candidate is unopposed for election to an office, to declare by order or ordinance the unopposed candidate elected to the office with a requirement for the governing body to do so. The bill replaces the authorization for a certifying authority to declare an unopposed candidate elected to an office of the state or county government if only the votes cast for that candidate may be counted with a requirement for the certifying authority to do so.           

 

EFFECTIVE DATE

 

September 1, 2019.