87R4499 ADM-D
By: Eckhardt S.B. No. 537
A BILL TO BE ENTITLED
AN ACT
relating to the use of preferential voting in certain elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Election Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. PREFERENTIAL VOTING
Sec. 2.101. USE OPTIONAL. The governing body of a county,
municipality, or independent school district may authorize the use
of preferential voting as provided by this chapter for the election
of an officer of the county, municipality, or school district, as
appropriate, by majority vote.
Sec. 2.102. ADOPTION OF PREFERENTIAL VOTING PROCEDURES.
(a) The secretary of state shall prescribe procedures to allow for
an election of an office requiring a majority vote using a
preferential voting system.
(b) The system must allow a voter to rank each candidate for
an office through a numerical designation from the candidate the
voter favors most to the candidate the voter favors least.
Sec. 2.103. DETERMINATION OF ELECTION RESULT. (a) If no
candidate receives a majority of the votes cast designating the
highest favorable ranking for an office, the votes of the candidate
receiving the fewest number of votes are reassigned to the
candidate ranking next highest in the preference of a voter.
(b) If after reassigning votes under Subsection (a) no
candidate receives a majority of the votes cast designating the
modified highest favorable ranking, the reassignment of a vote to a
voter's next most preferred candidate under Subsection (a)
continues until one candidate receives a majority.
Sec. 2.104. PRIMARY NOT HELD; FILING PERIOD. (a) A primary
election is not held for an office to which this chapter applies.
(b) The secretary of state shall prescribe the filing
deadline for an application for a place on the ballot for an office
to which this chapter applies that is filled at the general election
for state and county officers.
Sec. 2.105. RUNOFF ELECTION NOT HELD. Notwithstanding any
other law, a runoff election is not held for an office to which this
chapter applies.
SECTION 2. This Act takes effect September 1, 2021.