HBA-CMT H.B. 562 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 562
By: Madden
Elections
3/13/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not allow the authority canvassing an election to conduct
a recount without a filed petition. House Bill 562 requires an automatic
recount to be conducted when an initial election outcome results in a tie
and sets forth procedures for the automatic 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 562 amends the Election Code to require that an automatic
recount be conducted if an election requiring a plurality vote results in a
tie and is not resolved through the casting of lots by the tying candidates
or by the withdrawal of one of the tying candidates. If the recount does
not resolve the tie, the authority responsible for ordering the first
election is required to order a second election not later than the fifth
day after the automatic recount is completed or the final canvass following
the recount is completed.  The bill requires that the second election be
held no earlier than the 20th day and no later than the 30th day after the
date the automatic recount or the final canvass following the automatic
recount is completed.    
H. B. 562 adds provisions relating to the procedures for initiating an
automatic recount, counting votes in an automatic recount, and who is
required to pay the costs of an automatic recount. 
 
EFFECTIVE DATE

September 1, 2001.