81R5498 ATP-D
By: Ogden S.B. No. 1025
A BILL TO BE ENTITLED
AN ACT
relating to the votes required for a candidate to be elected to
office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 2, Election
Code, is amended to read as follows:
SUBCHAPTER A. VOTE REQUIRED FOR ELECTION GENERALLY [BY PLURALITY]
SECTION 2. Section 2.001, Election Code, is amended to read
as follows:
Sec. 2.001. [PLURALITY] VOTE REQUIRED GENERALLY. (a) Except
as otherwise provided by law, to be elected to a public office:
(1) [,] a candidate must receive more votes than any
other candidate for the office; and
(2) for an office other than a federal office, the
amount by which the number of votes cast for the candidate receiving
the highest number of votes exceeds the number of votes cast for the
candidate receiving the second highest number of votes must be
greater than or equal to one percent of the number of votes cast in
that election.
(b) If a candidate does not receive the number of votes
required by Subsection (a)(2), the candidate receiving the highest
number of votes and the candidate receiving the second highest
number of votes are considered to have tied for the highest number
of votes.
SECTION 3. Subchapter A, Chapter 2, Election Code, is
amended by adding Section 2.0011 to read as follows:
Sec. 2.0011. MAJORITY VOTE REQUIREMENT. (a) If another
provision of this code or a law outside this code requires a
candidate for office to receive a majority of the total number of
votes received by all candidates for the same office, the candidate
receives the number of votes required to be elected to that office
only if the amount by which the number of votes cast for the
candidate receiving the highest number of votes exceeds the number
of votes cast for the candidate receiving the second highest number
of votes is greater than or equal to one percent of the number of
votes cast in that election.
(b) This section prevails to the extent of a conflict
between this section and any other law.
(c) This section does not apply to a candidate for a federal
office.
SECTION 4. Sections 2.002(a) and (f), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (f), (g), or (i), in an
election not requiring a majority [plurality] vote, if two or more
candidates for the same office tie or are considered under Section
2.001(b) to tie for the number of votes required to be elected, a
second election to fill the office shall be held.
(f) This subsection does not apply to candidates who are
considered to have tied under Section 2.001(b) but did not actually
receive the same number of votes. The tying candidates may agree to
cast lots to resolve the tie. The agreement must be filed with the
authority responsible for ordering the election. That authority
or, if the authority is a body, the body's presiding officer, shall
supervise the casting of lots.
SECTION 5. Section 2.028, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) If the amount by which the number of votes cast for the
candidate receiving the highest number of votes in a runoff
election exceeds the number of votes cast for the candidate
receiving the second highest number of votes is not greater than or
equal to one percent of the number of votes cast in that election,
the candidates are considered to have tied for the highest number of
votes.
SECTION 6. Section 145.005(c), Election Code, is amended to
read as follows:
(c) If the deceased or ineligible candidate and another
candidate tie or are considered to have tied under Section 2.001(b)
for the most votes in an election in which a majority [plurality]
vote is not required [sufficient] for election, the other candidate
is considered to be elected. If more than one other candidate is
tied with the deceased or ineligible candidate, the winner of the
election shall be determined by resolving the tie between the other
candidates in the regular manner for resolving a tie vote in the
election.
SECTION 7. Section 212.136(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (c), write-in votes
cast in connection with a voting system shall be excluded from a
recount of an election in which a majority [plurality] vote is not
required [sufficient].
SECTION 8. The changes in law made by this Act apply only to
an election held on or after September 1, 2009. An election held
before September 1, 2009, is governed by the law in effect on the
date the election was held, and the former law is continued in
effect for that purpose.
SECTION 9. This Act takes effect September 1, 2009.