SESSION OF 1999



SUPPLEMENTAL NOTE ON SENATE BILL NO. 229



As Amended by House Committee on

Governmental Organization and Elections





Brief(1)



S.B. 229 would prohibit county party chairpersons from filling vacant precinct committeeman or precinct committeewoman seats prior to a convention to elect someone to fill a vacant district elected office. District offices for purposes of this bill include county commissioner, state legislator, county or district attorney, and state board of education.

Vacant precinct committee positions could not be filled from the time the chairperson receives notice of a district office vacancy from the county election officer or the Secretary of State until after the party convention is held to fill that vacancy.



The bill would require elected county officials' resignations to be submitted to the county election officer in addition to the officer responsible for filling the vacancy. In the case of a legislative vacancy, the Secretary of State would be required to notify the chairperson of each county within the district where the vacancy occurs. A state board of education member's resignation would have to be submitted to the Secretary of State in addition to the state board.





Background



S.B. 229 was introduced at the request of the Secretary of State. The Secretary's representative testified that when an elected official dies or resigns, the county party chairperson calls a convention of precinct committee persons to elect a replacement. According to the representative, current law only prohibits precinct committee appointments after the county chairperson mails the notice calling a convention. As a result, the county chairperson can appoint precinct committee persons after receiving notice of a resignation but prior to calling the convention. S.B. 229 would change the current law so that the prohibition on filling party committee positions would begin when the county chairperson is notified of a vacancy.



The Senate Committee amendment was clarifying in nature.



The House Committee on Governmental Organization and Elections amended the bill to designate officers and offices where resignations would have to be submitted.





1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.