| 1 | 1 | | 87R6289 TSS-D |
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| 2 | 2 | | By: Landgraf H.B. No. 3302 |
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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 names of certain candidates on a 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 each [the] ballot |
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| 12 | 12 | | shall be determined in the same manner as the [relative] order of |
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| 13 | 13 | | names on the original ballot. |
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| 14 | 14 | | SECTION 2. Sections 52.094(a) and (b), 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 on each ballot shall be |
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| 21 | 21 | | randomly determined [by a drawing]. The order of the candidates' |
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| 22 | 22 | | names on each [the] ballot of any resulting runoff election or |
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| 23 | 23 | | election held to resolve a tie vote shall be determined in the same |
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| 24 | 24 | | manner as the [relative] order of names on the original election |
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| 25 | 25 | | ballot. |
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| 26 | 26 | | (b) The secretary of state may adopt rules necessary to |
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| 27 | 27 | | implement this section [authority responsible for having the |
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| 28 | 28 | | official ballot prepared for the election shall conduct the |
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| 29 | 29 | | drawing]. |
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| 30 | 30 | | SECTION 3. Section 203.013(h), Election Code, is amended to |
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| 31 | 31 | | read as follows: |
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| 32 | 32 | | (h) The order of the candidates' names on each [the] runoff |
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| 33 | 33 | | election ballot shall be determined in the same manner as the |
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| 34 | 34 | | [relative] order of names on the original expedited election |
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| 35 | 35 | | ballot. |
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| 36 | 36 | | SECTION 4. Sections 52.094(c), (d), and (e), Election Code, |
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| 37 | 37 | | are repealed. |
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| 38 | 38 | | SECTION 5. This Act applies only to an election ordered on |
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| 39 | 39 | | or after September 1, 2022. An election ordered before September 1, |
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| 40 | 40 | | 2022, is governed by the law as it existed immediately before the |
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| 41 | 41 | | effective date of this Act, and that law is continued in effect for |
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| 42 | 42 | | that purpose. |
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| 43 | 43 | | SECTION 6. This Act takes effect September 1, 2021. |
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