HOUSE BILL REPORT

HB 1224

BYRepresentatives R. Fisher, McLean, Anderson and Miller; by request of Secretary of State

Simplifying filing procedures for elections to fill short and full terms.

House Committe on State Government

Majority Report:  Do pass.  (9)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, Rector, Sayan and Silver.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE MARCH 1, 1989

BACKGROUND:

State law permits a candidate for public office to use one declaration of candidacy to file for the short, full, or unexpired term of an office.  The "short term" is defined by the Election Code as being the brief period starting with the completion of the certification of election returns and ending with the start of the full term in January immediately following the election.  It is applicable only when the office concerned is being held by an appointee to fill a vacancy which occurred after the last election and, at the last election, the office could have been voted upon for an unexpired term prior to the election for the office for the subsequent full term.

SUMMARY:

When a vacancy for a short term of office is created following the close of the period for filing declarations of candidacy for the next general election, a single declaration of candidacy and filing fee submitted by a candidate must be construed as being the filing and fee for both the short term and the full term of office.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    John Pearson, Office of the Secretary of State.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The current combined forms for declaring candidacies adequately address the filling of a short term in all cases except when that term is created after the close of the filing period.  This bill fills that gap by preventing candidates from having to file separate forms and fees when a short term is created in this manner.

House Committee - Testimony Against:      None Presented.