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 Sections 172.084(b), (c), (d), and (e), Election Code, are repealed.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