88R1799 LRM-D
By: Goodwin H.B. No. 1792
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. Subchapter C, Chapter 201, Election Code, is
amended by adding Sections 201.055, 201.056, 201.057, 201.058, and
201.059 to read as follows:
Sec. 201.055. PREFERENTIAL VOTING REQUIRED.
Notwithstanding Chapter 2 or any other law, a special election held
to fill a vacancy in an office requiring election by majority vote
must use preferential voting as provided by this subchapter.
Sec. 201.056. 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. 201.057. 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. 201.058. PRIMARY NOT HELD; FILING PERIOD. (a) A
primary election is not held for an office to which this subchapter
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 subchapter applies that is filled at the general
election for state and county officers.
Sec. 201.059. RUNOFF ELECTION NOT HELD. Notwithstanding
any other law, a runoff election is not held for an office to which
this subchapter applies.
SECTION 2. The following provisions of the Election Code
are repealed:
(1) Section 203.009(d);
(2) Section 203.010; and
(3) Sections 203.013(f), (g), and (h).
SECTION 3. This Act takes effect September 1, 2023.