HBA-CMT H.B. 831 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 831
By: Madden
Elections
2/21/2001
Introduced



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 highlights 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