Texas House Bill HB3046

Texas 2023 - 88th Regular

• Filed: 2/28/23
• Out of House Committee: 4/19/23
• Voted on by House: 5/7/23
• Out of Senate Committee: 5/19/23

Caption

Relating to the omission of a deceased candidate from the ballot in certain elections.

Impact

The implications of HB 3046 are substantial for local election officials. Previously, if a candidate died after the filing deadline, their name would still appear on the ballot, potentially leading to confusion among voters. The new flexibility introduced by this bill allows officials to manage ballots more effectively in light of unexpected circumstances. It enhances the ability to streamline the electoral process and could lead to increased voter confidence in the electoral system by ensuring that ballots reflect the available candidates accurately.

Summary

House Bill 3046 addresses the procedures related to the omission of a deceased candidate's name from ballots in certain elections. The bill allows election authorities the option to omit a candidate's name at any time before the printing of ballots if the candidate passes away, which broadens the previous restrictions on timing. This change is particularly significant in rural areas where election resources may be limited, helping to ease operational challenges during elections.

Sentiment

The general sentiment surrounding HB 3046 appears to be positive among its supporters. Many legislators view it as a necessary update to the electoral process that addresses real challenges faced in both large and small jurisdictions. Public testimony highlighted the importance of allowing local authorities to navigate the complexities that arise when a candidate passes away close to an election. However, there were dissenting voices that raised concerns over how the omission of a candidate's name could limit voter options, particularly for communities that may wish to honor the deceased candidate’s legacy.

Contention

While supporters of HB 3046 appreciate the bill's focus on operational efficiency, some critics argue that it may inadvertently diminish voters' rights. The concerns revolve around the potential situation where voters are left without a choice if their preferred candidate has passed away. This contention highlights the delicate balance the legislation seeks to achieve between operational effectiveness in elections and the preservation of voters' options.

Texas Constitutional Statutes Affected

Election Code

• Chapter 145. Withdrawal, Death And Ineligibility Of Candidate
  • Section: 096
  • Section: 098
  • Section: 096
  • Section: 098
  • Section: 096
  • Section: 098
  • Section: 096
  • Section: 098