Texas 2009 - 81st Regular

Texas Senate Bill SB1025 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5498 ATP-D
2	2	By: Ogden S.B. No. 1025
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the votes required for a candidate to be elected to
8	8	office.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter A, Chapter 2, Election
11	11	Code, is amended to read as follows:
12	12	SUBCHAPTER A. VOTE REQUIRED FOR ELECTION GENERALLY [BY PLURALITY]
13	13	SECTION 2. Section 2.001, Election Code, is amended to read
14	14	as follows:
15	15	Sec. 2.001. [PLURALITY] VOTE REQUIRED GENERALLY. (a) Except
16	16	as otherwise provided by law, to be elected to a public office:
17	17	(1) [,] a candidate must receive more votes than any
18	18	other candidate for the office; and
19	19	(2) for an office other than a federal office, the
20	20	amount by which the number of votes cast for the candidate receiving
21	21	the highest number of votes exceeds the number of votes cast for the
22	22	candidate receiving the second highest number of votes must be
23	23	greater than or equal to one percent of the number of votes cast in
24	24	that election.
25	25	(b) If a candidate does not receive the number of votes
26	26	required by Subsection (a)(2), the candidate receiving the highest
27	27	number of votes and the candidate receiving the second highest
28	28	number of votes are considered to have tied for the highest number
29	29	of votes.
30	30	SECTION 3. Subchapter A, Chapter 2, Election Code, is
31	31	amended by adding Section 2.0011 to read as follows:
32	32	Sec. 2.0011. MAJORITY VOTE REQUIREMENT. (a) If another
33	33	provision of this code or a law outside this code requires a
34	34	candidate for office to receive a majority of the total number of
35	35	votes received by all candidates for the same office, the candidate
36	36	receives the number of votes required to be elected to that office
37	37	only if the amount by which the number of votes cast for the
38	38	candidate receiving the highest number of votes exceeds the number
39	39	of votes cast for the candidate receiving the second highest number
40	40	of votes is greater than or equal to one percent of the number of
41	41	votes cast in that election.
42	42	(b) This section prevails to the extent of a conflict
43	43	between this section and any other law.
44	44	(c) This section does not apply to a candidate for a federal
45	45	office.
46	46	SECTION 4. Sections 2.002(a) and (f), Election Code, are
47	47	amended to read as follows:
48	48	(a) Except as provided by Subsection (f), (g), or (i), in an
49	49	election not requiring a majority [plurality] vote, if two or more
50	50	candidates for the same office tie or are considered under Section
51	51	2.001(b) to tie for the number of votes required to be elected, a
52	52	second election to fill the office shall be held.
53	53	(f) This subsection does not apply to candidates who are
54	54	considered to have tied under Section 2.001(b) but did not actually
55	55	receive the same number of votes. The tying candidates may agree to
56	56	cast lots to resolve the tie. The agreement must be filed with the
57	57	authority responsible for ordering the election. That authority
58	58	or, if the authority is a body, the body's presiding officer, shall
59	59	supervise the casting of lots.
60	60	SECTION 5. Section 2.028, Election Code, is amended by
61	61	adding Subsection (d) to read as follows:
62	62	(d) If the amount by which the number of votes cast for the
63	63	candidate receiving the highest number of votes in a runoff
64	64	election exceeds the number of votes cast for the candidate
65	65	receiving the second highest number of votes is not greater than or
66	66	equal to one percent of the number of votes cast in that election,
67	67	the candidates are considered to have tied for the highest number of
68	68	votes.
69	69	SECTION 6. Section 145.005(c), Election Code, is amended to
70	70	read as follows:
71	71	(c) If the deceased or ineligible candidate and another
72	72	candidate tie or are considered to have tied under Section 2.001(b)
73	73	for the most votes in an election in which a majority [plurality]
74	74	vote is not required [sufficient] for election, the other candidate
75	75	is considered to be elected. If more than one other candidate is
76	76	tied with the deceased or ineligible candidate, the winner of the
77	77	election shall be determined by resolving the tie between the other
78	78	candidates in the regular manner for resolving a tie vote in the
79	79	election.
80	80	SECTION 7. Section 212.136(a), Election Code, is amended to
81	81	read as follows:
82	82	(a) Except as provided by Subsection (c), write-in votes
83	83	cast in connection with a voting system shall be excluded from a
84	84	recount of an election in which a majority [plurality] vote is not
85	85	required [sufficient].
86	86	SECTION 8. The changes in law made by this Act apply only to
87	87	an election held on or after September 1, 2009. An election held
88	88	before September 1, 2009, is governed by the law in effect on the
89	89	date the election was held, and the former law is continued in
90	90	effect for that purpose.
91	91	SECTION 9. This Act takes effect September 1, 2009.