HBA-DMH H.B. 2780 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2780 By: Villarreal, Mike Elections 7/2/2001 Enrolled BACKGROUND AND PURPOSE Prior to the 77th Legislature, state law was unclear as to whether the winning party could be sworn into office if a recount was requested after the votes were canvassed. The Election Code did not allow for a delay in the canvass of an election if a recount was requested. House Bill 2780 specifies that submission of a recount petition delays the issuance of a certificate of election and delays qualification for the office involved in a recount pending completion of the recount. 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 2780 amends the Election and Government codes to provide that the submission of a recount petition delays the issuance of a certificate of election by the authority preparing the certificate and delays qualification for the office involved in the recount pending completion of the recount. The bill prohibits a candidate from qualifying for an office involved in a recount before completion of the recount, but does not affect a candidate who has received a certificate of election and qualified for an office before the submission of a recount petition. The bill requires the secretary of state to prescribe any procedures necessary to implement the bill. EFFECTIVE DATE September 1, 2001.