| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to preferential voting in runoff elections for certain |
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| 8 | 10 | | voters voting by mail. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Section 101.056, Election Code, is amended by |
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| 11 | 13 | | adding Subsection (d) to read as follows: |
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| 12 | 14 | | (d) In addition to any other balloting materials provided to |
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| 13 | 15 | | the voter under this section, the early voting clerk shall provide |
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| 14 | 16 | | the voter with: |
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| 15 | 17 | | (1) a runoff election ballot for each office for which |
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| 16 | 18 | | the voter is eligible to vote, in accordance with Section 101.151; |
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| 17 | 19 | | and |
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| 18 | 20 | | (2) a second carrier envelope in which the voter may |
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| 19 | 21 | | return the runoff election ballot. |
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| 20 | 22 | | SECTION 2. Section 101.057, Election Code, is amended by |
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| 21 | 23 | | adding Subsection (c) to read as follows: |
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| 22 | 24 | | (c) A runoff election ballot voted in accordance with |
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| 23 | 25 | | Section 101.151 may only be counted if a voter returns the ballot at |
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| 24 | 26 | | the same time and in the same manner as a general election ballot |
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| 25 | 27 | | voted by the voter under this subchapter. |
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| 26 | 28 | | SECTION 3. Chapter 101, Election Code, is amended by adding |
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| 27 | 29 | | Subchapter D to read as follows: |
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| 28 | 30 | | SUBCHAPTER D. PREFERENTIAL VOTING IN RUNOFF ELECTION |
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| 29 | 31 | | Sec. 101.151. PREFERENTIAL VOTING IN RUNOFF ELECTION. (a) |
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| 30 | 32 | | A voter eligible for early voting by mail under this chapter shall |
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| 31 | 33 | | receive a runoff election ballot at the same time and in the same |
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| 32 | 34 | | manner as the voter's general election ballot. |
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| 33 | 35 | | (b) The secretary of state shall prescribe procedures to |
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| 34 | 36 | | provide for a runoff election ballot issued to a voter under this |
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| 35 | 37 | | chapter to use a preferential voting system. The system must allow |
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| 36 | 38 | | a voter to rank each candidate through a numerical designation from |
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| 37 | 39 | | the candidate the voter favors most to the candidate the voter |
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| 38 | 40 | | favors least. |
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| 39 | 41 | | (c) If a runoff election for any office voted by the voter |
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| 40 | 42 | | occurs, the carrier envelope containing the voter's runoff election |
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| 41 | 43 | | ballot shall be opened and the ballot shall be counted. The voter's |
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| 42 | 44 | | vote in the election is assigned to the runoff candidate whom the |
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| 43 | 45 | | voter assigned the highest favorable ranking on the runoff election |
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| 44 | 46 | | ballot under Subsection (b). |
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| 45 | 47 | | (d) The secretary of state shall create detailed |
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| 46 | 48 | | instructions on the use of a preferential voting system and provide |
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| 47 | 49 | | the instructions to each county clerk. A county clerk shall: |
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| 48 | 50 | | (1) post the instructions on the county clerk's public |
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| 49 | 51 | | Internet website, if the clerk maintains a website; and |
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| 50 | 52 | | (2) ensure that a copy of the instructions is mailed to |
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| 51 | 53 | | each voter who receives a runoff election ballot in the same time |
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| 52 | 54 | | and in the same manner as that ballot. |
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| 53 | 55 | | SECTION 4. This Act takes effect January 1, 2022. |
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