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.