| 1 | 1 | | By: Johnson (Senate Sponsor - West) H.B. No. 184 |
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| 2 | 2 | | (In the Senate - Received from the House April 18, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; May 9, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 9, Nays 0; May 9, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the cancellation of a special election to fill a vacancy |
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| 11 | 11 | | in the legislature. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 2.055, Election Code, is amended to read |
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| 14 | 14 | | as follows: |
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| 15 | 15 | | Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN |
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| 16 | 16 | | LEGISLATURE. (a) The secretary of state shall [may] declare an |
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| 17 | 17 | | unopposed candidate elected to fill a vacancy in the legislature |
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| 18 | 18 | | if: |
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| 19 | 19 | | (1) each candidate for an office that is to appear on |
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| 20 | 20 | | the ballot is unopposed; and |
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| 21 | 21 | | (2) no proposition is to appear on the ballot. |
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| 22 | 22 | | (b) The declaration under Subsection (a) shall be made on |
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| 23 | 23 | | the second day after: |
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| 24 | 24 | | (1) the last date an application for a place on the |
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| 25 | 25 | | special election ballot may be filed; or |
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| 26 | 26 | | (2) the date of a withdrawal, death, or final judgment |
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| 27 | 27 | | of ineligibility of a candidate that causes the remaining candidate |
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| 28 | 28 | | to be unopposed. |
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| 29 | 29 | | (c) After [If] a declaration is made under Subsection (a), |
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| 30 | 30 | | the election is not held. A copy of the declaration shall be posted |
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| 31 | 31 | | on election day at each polling place that would have been used in |
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| 32 | 32 | | the election. |
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| 33 | 33 | | (d) At the same time a declaration is made under Subsection |
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| 34 | 34 | | (a), the [(c) The] secretary of state shall issue a certificate of |
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| 35 | 35 | | election to each candidate in the same manner as provided for a |
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| 36 | 36 | | candidate elected at the election. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2011. |
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| 38 | 38 | | * * * * * |
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