| 1 | 1 | | 88R1799 LRM-D |
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| 2 | 2 | | By: Goodwin H.B. No. 1792 |
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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 use of preferential voting in certain elections. |
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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. Subchapter C, Chapter 201, Election Code, is |
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| 10 | 10 | | amended by adding Sections 201.055, 201.056, 201.057, 201.058, and |
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| 11 | 11 | | 201.059 to read as follows: |
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| 12 | 12 | | Sec. 201.055. PREFERENTIAL VOTING REQUIRED. |
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| 13 | 13 | | Notwithstanding Chapter 2 or any other law, a special election held |
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| 14 | 14 | | to fill a vacancy in an office requiring election by majority vote |
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| 15 | 15 | | must use preferential voting as provided by this subchapter. |
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| 16 | 16 | | Sec. 201.056. ADOPTION OF PREFERENTIAL VOTING PROCEDURES. |
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| 17 | 17 | | (a) The secretary of state shall prescribe procedures to allow for |
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| 18 | 18 | | an election of an office requiring a majority vote using a |
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| 19 | 19 | | preferential voting system. |
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| 20 | 20 | | (b) The system must allow a voter to rank each candidate for |
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| 21 | 21 | | an office through a numerical designation from the candidate the |
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| 22 | 22 | | voter favors most to the candidate the voter favors least. |
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| 23 | 23 | | Sec. 201.057. DETERMINATION OF ELECTION RESULT. (a) If no |
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| 24 | 24 | | candidate receives a majority of the votes cast designating the |
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| 25 | 25 | | highest favorable ranking for an office, the votes of the candidate |
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| 26 | 26 | | receiving the fewest number of votes are reassigned to the |
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| 27 | 27 | | candidate ranking next highest in the preference of a voter. |
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| 28 | 28 | | (b) If after reassigning votes under Subsection (a) no |
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| 29 | 29 | | candidate receives a majority of the votes cast designating the |
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| 30 | 30 | | modified highest favorable ranking, the reassignment of a vote to a |
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| 31 | 31 | | voter's next most preferred candidate under Subsection (a) |
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| 32 | 32 | | continues until one candidate receives a majority. |
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| 33 | 33 | | Sec. 201.058. PRIMARY NOT HELD; FILING PERIOD. (a) A |
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| 34 | 34 | | primary election is not held for an office to which this subchapter |
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| 35 | 35 | | applies. |
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| 36 | 36 | | (b) The secretary of state shall prescribe the filing |
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| 37 | 37 | | deadline for an application for a place on the ballot for an office |
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| 38 | 38 | | to which this subchapter applies that is filled at the general |
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| 39 | 39 | | election for state and county officers. |
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| 40 | 40 | | Sec. 201.059. RUNOFF ELECTION NOT HELD. Notwithstanding |
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| 41 | 41 | | any other law, a runoff election is not held for an office to which |
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| 42 | 42 | | this subchapter applies. |
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| 43 | 43 | | SECTION 2. The following provisions of the Election Code |
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| 44 | 44 | | are repealed: |
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| 45 | 45 | | (1) Section 203.009(d); |
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| 46 | 46 | | (2) Section 203.010; and |
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| 47 | 47 | | (3) Sections 203.013(f), (g), and (h). |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2023. |
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