HBA-CMT H.B. 831 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 831 By: Madden Elections 7/17/2001 Enrolled BACKGROUND AND PURPOSE Legislation enacted during the 74th Regular Session authorized political subdivisions other than counties that make provisions for write-in candidacy declarations to cancel an election and declare an unopposed candidate elected if no contested races and no propositions appear on the ballot. There have been instances in the past in which a legislator has died while in office and in the ensuing special election to fill the seat, only one name appeared on the ballot. This highlighted a potential need to apply the same criteria for election cancellation to state office races. House Bill 831 establishes election cancellation provisions and write-in candidacy declaration procedures for special elections to fill a vacancy in the legislature. 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. ANALYSIS House Bill 831 amends the Election Code to authorize the secretary of state in certain circumstances to declare an unopposed candidate elected to fill a vacancy in the legislature. If a declaration is made under these provisions, the election is not held. A copy of the declaration is required to be posted on election day at each polling place that would have been used in the election. The bill requires the secretary of state to issue a certificate of election to each candidate elected under these provisions in the same manner as provided for a candidate elected at an election. The bill also establishes provisions relating to procedures for write-in candidates in special elections. EFFECTIVE DATE January 1, 2002, if the constitutional amendment authorizing the filling of a vacancy in the legislature without an election if a candidate is running unopposed in an election to fill the vacancy is approved by the voters.