HBA-RBT C.S.H.B. 2276 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2276
By: Madden
Elections
5/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the primary filing deadline falls on January 2.  This is a date
that is generally considered to be the end of the holiday season.  It is
difficult for candidates and political party workers to complete the
necessary requirements and at the same time enjoy their holiday.  C.S.H.B.
2276 creates a temporary provision to modify a number of deadlines for the
general election primary for the year 2000. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 172, Election Code, by adding
Section 172.0231, as follows: 

Sec.  172.0231.  TEMPORARY PROVISION FOR 2000 PRIMARY.  Provides deadlines
for the general primary election for the year 2000 relating to applications
for a place on the general primary ballot, the state chair's delivery of
the certification to the county chair, withdrawal of a candidate,
applications for extensions, the drawing for ballot order, and certain
other acts.  Provides that this Act expires on January 1, 2000. 

SECTION 2.  Amends Section 181.0041, Election Code, to provide that a
political party that intends to make nominations under this chapter for the
general election for state and county officers must register with the
secretary of state by the regular filing deadline for candidates in the
general primary election, rather than January 2 of the election year.
Subsection (b) states that a political party by rule may extend the filing
deadline for applications for nomination for an office for which a
candidate who has made an application withdraws, dies, or is declared
ineligible. 

SECTION 3.  Amends Section 181.033(a), Election Code, to provide that
except as provided by Subsection (b) an application for nomination by a
convention must be filed by the regular filing deadline for candidates in
the general primary election, rather than 5 p.m. on January 2 preceding the
convention. 

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in the caption to reflect that
this bill applies to the general primary election ballot in the year 2000. 

The substitute differs from the original by deleting SECTION 1 of the
original which amended Section 172.023, Election Code, which would have
prohibited the filing of an application for a place on the general ballot
before December 1 of the year, rather than the 30th day, prior to the date
of the  regular filing deadline, and provided that the application must be
filed before 6 p.m. on January 9, rather than January 2, in the primary
election year. 

The substitute differs from the original by deleting SECTION 2 of the
original, which amended Section 172.028(b), Election Code, to require the
state chair to deliver the certification to the county chair in each county
in which a candidate's name is to appear on the ballot at least 50, rather
than 57, days before the general primary election day. 

The substitute differs from the original by deleting SECTION 3 of the
original which amended Section 172.052(a), Election Code, to prohibit a
candidate for nomination from withdrawing from the general primary election
within 55, rather than 62, days of the general primary election day. 

The substitute differs from the original by deleting SECTION 4 of the
original, which amended Sections 172.054, Election Code, to provide that
the deadline for filing an application for a place on the general primary
election ballot is extended to the 55th, rather than 62nd, day if a
candidate dies or withdraws or is declared ineligible and that an
application for an office sought by a withdrawn, deceased, or ineligible
candidate must be filed before 6 p.m. of the 53rd, rather than 60th, day
before the general primary election day. 

The substitute differs from the original by deleting SECTION 5 of the
original, which amended Section 172.057, Election Code, to make a
conforming change. 

The substitute differs from the original by deleting SECTION 6 of the
original, which amended Section 172.058(a), Election Code, to make a
conforming change. 

The substitute differs from the original by deleting SECTION 7 of the
original which amended Section 172.082(c), Election Code, to require that
the drawing for ballot order must be held by the 46th, rather than the
53rd, day before the general primary election day. 

The substitute differs from the original by adding SECTIONS 1, 2, and 3 of
the substitute.  Please also see the Section-by-Section Analysis portion of
this document. 

The substitute differs from the original by redesignating SECTIONS 8
(effective date) and 9 (emergency clause) of the original as SECTIONS 4 and
5 of the substitute.