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Texas Constitution talk:Article III, Section 56: Difference between revisions
Texas Constitution talk:Article III, Section 56 (edit)
Revision as of 08:07, September 7, 2023
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Old: Under have choice. Execute with vote and order. New: Under have choice but over do not. Transition by operation of law rather than order. Normally prospective so leg made clear retroactive by transition provision re those over 3.5. If administrator exists over 3.5 in violation subject to suit to force compliance with law. Problem is ambiguity re pro/retro re non Harris by second permanent provision. not clear so consult legislative history re application to others than Harris. | |||
EC 1.003(a): The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise ''expressly'' provided by this code. | EC 1.003(a): The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise ''expressly'' provided by this code. | ||
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At least two reasonable bases exist for treating Harris County differently from the state's other 253 counties for election administration purposes. (1) Its sheer size warrants special consideration, as does its outsized impact on statewide elections. (2) Its Commissioners Court changed the election administration system for the 2022 election cycle, created new problems that made national news, created local controversy and led to numerous election contests. Solving its specific issues is a reasonable basis. In other words, it is reasonable for the legislature to make a change to the elections administrator in the one county that was experiencing difficulties while leaving the other counties' elections administrators alone. | At least two reasonable bases exist for treating Harris County differently from the state's other 253 counties for election administration purposes. (1) Its sheer size warrants special consideration, as does its outsized impact on statewide elections. (2) Its Commissioners Court changed the election administration system for the 2022 election cycle, created new problems that made national news, created local controversy and led to numerous election contests. Solving its specific issues is a reasonable basis. In other words, it is reasonable for the legislature to make a change to the elections administrator in the one county that was experiencing difficulties while leaving the other counties' elections administrators alone. | ||
If outside impact then classify as largest | |||
If personnel prob.theb classify by personnel problem | |||
Is EC 31.050 void on the ground that it is not prospective in its application and does not apply to other counties of the same class thereafter coming within the terms of its population classification. | Is EC 31.050 void on the ground that it is not prospective in its application and does not apply to other counties of the same class thereafter coming within the terms of its population classification. | ||
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In other words, is EC 31.050 void on the ground it is a designation rather than a classification. | In other words, is EC 31.050 void on the ground it is a designation rather than a classification. | ||
EC 31.017(a): In a county with a population of more than 4 million, the secretary of state's office may order administrative oversight of a county office administering elections .... | EC 31.017(a): In a county with a population of more than 4 million (Harris County?), the secretary of state's office may order administrative oversight of a county office administering elections .... | ||
EC 31.031(a): The commissioners court of a county with a population of 3.5 million or less by written order may create the position of county elections administrator for the county. | EC 31.031(a): The commissioners court of a county with a population of 3.5 million or less by written order may create the position of county elections administrator for the county. | ||