HBA-DMH H.B. 2780 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2780
By: Villarreal, Mike
Elections
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the law is unclear as to whether the winning party may be sworn
into office if a recount is requested after the votes are canvassed.  The
Election Code does not allow for a delay in the canvass of an election if a
recount is 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 applies to a
person elected to an unexpired term of a state, district, county, or
precinct office.  The bill requires the secretary of state to prescribe any
procedures necessary to implement the bill.   

EFFECTIVE DATE

September 1, 2001.