bill to skip the vote when only one candidate runs

The text as introduced · 632 words

90R1185 JDK-D

By: Anchía
H.B. No. 870

A BILL TO BE ENTITLED

AN ACT

relating to declaring an unopposed candidate nominated or elected.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2.051(a), Election Code, is amended to

read as follows:

(a) Except as provided by Sections [ Section ] 2.055 and

2.056 , this subchapter applies only to an election for officers of a

political subdivision other than a county in which write-in votes

may be counted only for names appearing on a list of write-in

candidates and in which each candidate for an office that is to

appear on the ballot is unopposed, except as provided by Subsection

(b). For purposes of this section, a special election of a

political subdivision is considered to be a separate election with

a separate ballot from:

(1) a general election for officers of the political

subdivision held at the same time as the special election; or

(2) another special election of the political

subdivision held at the same time as the special election.

SECTION 2. Subchapter C, Chapter 2, Election Code, is

amended by adding Section 2.056 to read as follows:

Sec. 2.056. UNOPPOSED CANDIDATE IN GENERAL ELECTION FOR

STATE AND COUNTY OFFICERS OR CORRESPONDING PRIMARY. (a) In this

section, "certifying authority" means:

(1) the secretary of state, for the general election

for a statewide or district office;

(2) the county clerk, for the general election for a

county or precinct office;

(3) the state chair of a political party, for the

primary election for a place on the ballot for an office filled by

voters of more than one county; or

(4) the county chair of a political party, for the

primary election for a place on the ballot for an office filled by

voters of a single county.

(b) This section applies only to:

(1) the general election for state and county

officers; or

(2) a primary election for a place on the ballot for

the succeeding general election for state and county officers.

(c) A certifying authority shall declare a candidate

nominated for or elected to an office described by Section

52.092(a)(2) or (3) if, were the election held, only the votes cast

for that candidate in the election for that nomination or office may

be counted.

(d) If a declaration is made under Subsection (c):

(1) the election for that nomination or office is not

held; and

(2) the name of the candidate is listed on the ballot

as nominated for or elected to the office as provided by this

section.

(e) The offices and names of any candidates declared

nominated or elected under this section shall be listed separately

after the contested races in the election under the heading

"Unopposed Candidates Declared Nominated" or "Unopposed Candidates

Declared Elected," as appropriate. The candidates shall be grouped

according to their respective political party affiliations or

status as independents in the same relative order prescribed for

the ballot generally. No votes are cast in connection with the

candidates.

(f) The secretary of state by rule may prescribe any

additional procedures as necessary to accommodate a particular

voting system or ballot style and to facilitate the efficient and

cost-effective implementation of this section.

(g) The certifying authority shall:

(1) for a primary election for a place on the ballot

for the succeeding general election for state and county officers,

provide notice of the declared result in the same manner as provided

for a notice of the result of the primary election; and

(2) for the general election for state and county

officers, issue a certificate of election to a candidate declared

elected under this section in the same manner as provided for a

candidate elected at the election.

SECTION 3. This Act takes effect September 1, 2027.