81R7765 ATP-D
By: Ogden S.J.R. No. 29
A JOINT RESOLUTION
proposing a constitutional amendment requiring a candidate for
public office to win by a margin of one percent of the votes cast at
the election before the candidate is elected to that office.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3, Article IV, Texas Constitution, is
amended to read as follows:
Sec. 3. RETURNS OF ELECTION; DECLARATION OF ELECTION; TIE
VOTES; CONTESTS. (a) The returns of every election for said
executive officers, until otherwise provided by law, shall be made
out, sealed up, and transmitted by the returning officers
prescribed by law, to the seat of Government, directed to the
Secretary of State, who shall deliver the same to the Speaker of the
House of Representatives, as soon as the Speaker shall be chosen,
and the said Speaker shall, during the first week of the session of
the Legislature, open and publish them in the presence of both
Houses of the Legislature.
(b) The person, voted for at said election, having the
highest number of votes for each of said offices respectively, and
being constitutionally eligible, shall be declared by the Speaker,
under sanction of the Legislature, to be elected to said office 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. But, 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 not greater than or equal to one
percent of the number of votes cast in that election, a second
election shall be held between the two candidates receiving the
highest and second highest number of votes.
(c) If two or more persons shall have the highest and an
equal number of votes for either of said offices, one of them shall
be immediately chosen to such office by joint vote of both Houses of
the Legislature. Contested elections for either of said offices,
shall be determined by both Houses of the Legislature in joint
session.
SECTION 2. Article XVI, Texas Constitution, is amended by
adding Section 73 to read as follows:
Sec. 73. VOTES REQUIRED FOR ELECTION TO OFFICE. (a) This
subsection applies if a majority vote is not required by this
constitution or general law for election to office. A candidate is
elected to a public 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. 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 not
greater than or equal to one percent of the number of votes cast in
that election, a second election shall be held between the two
candidates receiving the highest and second highest number of
votes.
(b) If another provision of this constitution or a general
law requires a candidate for public 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.
(c) This section does not apply to a candidate for federal
office.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment requiring a candidate
for public office to win by a margin of one percent of the votes cast
at the election before the candidate is elected to that office."