| 1 | 1 | | 81R7765 ATP-D |
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| 2 | 2 | | By: Ogden S.J.R. No. 29 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment requiring a candidate for |
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| 7 | 7 | | public office to win by a margin of one percent of the votes cast at |
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| 8 | 8 | | the election before the candidate is elected to that office. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 3, Article IV, Texas Constitution, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 3. RETURNS OF ELECTION; DECLARATION OF ELECTION; TIE |
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| 13 | 13 | | VOTES; CONTESTS. (a) The returns of every election for said |
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| 14 | 14 | | executive officers, until otherwise provided by law, shall be made |
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| 15 | 15 | | out, sealed up, and transmitted by the returning officers |
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| 16 | 16 | | prescribed by law, to the seat of Government, directed to the |
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| 17 | 17 | | Secretary of State, who shall deliver the same to the Speaker of the |
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| 18 | 18 | | House of Representatives, as soon as the Speaker shall be chosen, |
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| 19 | 19 | | and the said Speaker shall, during the first week of the session of |
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| 20 | 20 | | the Legislature, open and publish them in the presence of both |
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| 21 | 21 | | Houses of the Legislature. |
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| 22 | 22 | | (b) The person, voted for at said election, having the |
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| 23 | 23 | | highest number of votes for each of said offices respectively, and |
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| 24 | 24 | | being constitutionally eligible, shall be declared by the Speaker, |
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| 25 | 25 | | under sanction of the Legislature, to be elected to said office if |
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| 26 | 26 | | the amount by which the number of votes cast for the candidate |
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| 27 | 27 | | receiving the highest number of votes exceeds the number of votes |
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| 28 | 28 | | cast for the candidate receiving the second highest number of votes |
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| 29 | 29 | | is greater than or equal to one percent of the number of votes cast |
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| 30 | 30 | | in that election. But, if the amount by which the number of votes |
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| 31 | 31 | | cast for the candidate receiving the highest number of votes |
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| 32 | 32 | | exceeds the number of votes cast for the candidate receiving the |
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| 33 | 33 | | second highest number of votes is not greater than or equal to one |
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| 34 | 34 | | percent of the number of votes cast in that election, a second |
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| 35 | 35 | | election shall be held between the two candidates receiving the |
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| 36 | 36 | | highest and second highest number of votes. |
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| 37 | 37 | | (c) If two or more persons shall have the highest and an |
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| 38 | 38 | | equal number of votes for either of said offices, one of them shall |
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| 39 | 39 | | be immediately chosen to such office by joint vote of both Houses of |
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| 40 | 40 | | the Legislature. Contested elections for either of said offices, |
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| 41 | 41 | | shall be determined by both Houses of the Legislature in joint |
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| 42 | 42 | | session. |
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| 43 | 43 | | SECTION 2. Article XVI, Texas Constitution, is amended by |
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| 44 | 44 | | adding Section 73 to read as follows: |
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| 45 | 45 | | Sec. 73. VOTES REQUIRED FOR ELECTION TO OFFICE. (a) This |
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| 46 | 46 | | subsection applies if a majority vote is not required by this |
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| 47 | 47 | | constitution or general law for election to office. A candidate is |
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| 48 | 48 | | elected to a public office only if the amount by which the number of |
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| 49 | 49 | | votes cast for the candidate receiving the highest number of votes |
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| 50 | 50 | | exceeds the number of votes cast for the candidate receiving the |
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| 51 | 51 | | second highest number of votes is greater than or equal to one |
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| 52 | 52 | | percent of the number of votes cast in that election. If the amount |
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| 53 | 53 | | by which the number of votes cast for the candidate receiving the |
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| 54 | 54 | | highest number of votes exceeds the number of votes cast for the |
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| 55 | 55 | | candidate receiving the second highest number of votes is not |
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| 56 | 56 | | greater than or equal to one percent of the number of votes cast in |
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| 57 | 57 | | that election, a second election shall be held between the two |
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| 58 | 58 | | candidates receiving the highest and second highest number of |
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| 59 | 59 | | votes. |
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| 60 | 60 | | (b) If another provision of this constitution or a general |
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| 61 | 61 | | law requires a candidate for public office to receive a majority of |
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| 62 | 62 | | the total number of votes received by all candidates for the same |
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| 63 | 63 | | office, the candidate receives the number of votes required to be |
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| 64 | 64 | | elected to that office only if the amount by which the number of |
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| 65 | 65 | | votes cast for the candidate receiving the highest number of votes |
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| 66 | 66 | | exceeds the number of votes cast for the candidate receiving the |
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| 67 | 67 | | second highest number of votes is greater than or equal to one |
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| 68 | 68 | | percent of the number of votes cast in that election. |
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| 69 | 69 | | (c) This section does not apply to a candidate for federal |
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| 70 | 70 | | office. |
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| 71 | 71 | | SECTION 3. This proposed constitutional amendment shall be |
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| 72 | 72 | | submitted to the voters at an election to be held November 3, 2009. |
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| 73 | 73 | | The ballot shall be printed to provide for voting for or against the |
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| 74 | 74 | | proposition: "The constitutional amendment requiring a candidate |
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| 75 | 75 | | for public office to win by a margin of one percent of the votes cast |
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| 76 | 76 | | at the election before the candidate is elected to that office." |
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