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.