88R4663 MPF-D
By: Cortez H.B. No. 1444
A BILL TO BE ENTITLED
AN ACT
relating to preferential voting in runoff elections for certain
voters voting by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 101.056, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) In addition to any other balloting materials provided to
the voter under this subchapter, the early voting clerk shall
provide the voter with:
(1) a runoff election ballot for each office for which
the voter is eligible to vote, in accordance with Section 101.151;
and
(2) a second carrier envelope in which the voter may
return the runoff election ballot.
SECTION 2. Section 101.057, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) A runoff election ballot voted in accordance with
Section 101.151 may only be counted if a voter returns the ballot at
the same time and in the same manner as a general election ballot
voted by the voter under this subchapter.
SECTION 3. Chapter 101, Election Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. PREFERENTIAL VOTING IN RUNOFF ELECTION
Sec. 101.151. PREFERENTIAL VOTING IN RUNOFF ELECTION. (a)
A voter eligible for early voting by mail under this chapter shall
receive a runoff election ballot at the same time and in the same
manner as the voter's general election ballot.
(b) The secretary of state shall prescribe procedures to
provide for a runoff election ballot issued to a voter under this
chapter to use a preferential voting system. The system must allow
a voter to rank each candidate through a numerical designation from
the candidate the voter favors most to the candidate the voter
favors least.
(c) If a runoff election for any office voted by the voter
occurs, the carrier envelope containing the voter's runoff election
ballot shall be opened and the ballot shall be counted. The voter's
vote in the election is assigned to the runoff candidate whom the
voter assigned the highest favorable ranking on the runoff election
ballot under Subsection (b).
(d) The secretary of state shall create detailed
instructions on the use of a preferential voting system and provide
the instructions to each county clerk. A county clerk shall:
(1) post the instructions on the county clerk's public
Internet website, if the clerk maintains a website; and
(2) ensure that a copy of the instructions is mailed to
each voter who receives a runoff election ballot in the same time
and in the same manner as that ballot.
SECTION 4. This Act takes effect January 1, 2023.