| 1 | 1 | | 85R10697 GRM-F |
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| 2 | 2 | | By: Swanson H.B. No. 2391 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the order of candidate names on an election ballot. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 2.002(d), Election Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (d) The order of the candidates' names on the ballot shall |
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| 12 | 12 | | be the relative order of names on the original ballot [determined by |
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| 13 | 13 | | a drawing in accordance with Section 52.094]. |
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| 14 | 14 | | SECTION 2. Sections 52.094(a) and (c), Election Code, are |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | (a) Except as otherwise provided by law, for an election at |
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| 17 | 17 | | which the names of more than one candidate for the same office are |
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| 18 | 18 | | to appear on the ballot in an independent column or are to appear on |
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| 19 | 19 | | a general or special election ballot that does not contain a party |
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| 20 | 20 | | nominee, the order of the candidates' names shall be determined by a |
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| 21 | 21 | | drawing. The order of the candidates' names on the ballot of any |
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| 22 | 22 | | resulting runoff election or election held to resolve a tie vote |
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| 23 | 23 | | shall be the relative order of names on the original election |
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| 24 | 24 | | ballot. |
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| 25 | 25 | | (c) The authority conducting the drawing shall post in the |
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| 26 | 26 | | authority's office a notice of the date, hour, and place of the |
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| 27 | 27 | | drawing. The notice must remain posted continuously for 72 hours |
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| 28 | 28 | | immediately preceding the scheduled time of the drawing[, except |
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| 29 | 29 | | that for a runoff election or an election held to resolve a tie |
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| 30 | 30 | | vote, the notice must remain posted for 24 hours immediately |
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| 31 | 31 | | preceding the scheduled time of the drawing]. |
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| 32 | 32 | | SECTION 3. Section 172.084(a), Election Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | (a) The [Except as provided by this section, the] order of |
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| 35 | 35 | | the candidates' names on the runoff primary election ballot for |
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| 36 | 36 | | each county shall be the relative order of names on the general |
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| 37 | 37 | | primary ballot established by the drawing of candidates conducted |
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| 38 | 38 | | under Section 172.082 [determined by a drawing conducted in the |
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| 39 | 39 | | same manner as the regular drawing for position on the general |
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| 40 | 40 | | primary election ballot]. |
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| 41 | 41 | | SECTION 4. Sections 172.084(b), (c), (d), and (e), Election |
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| 42 | 42 | | Code, are repealed. |
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| 43 | 43 | | SECTION 5. This Act takes effect September 1, 2017. |
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