Texas 2025 - 89th Regular

Texas House Bill HB4528 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13555 MPF-F
2	2	By: Bhojani H.B. No. 4528
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of preferential voting in certain elections.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Texas Preferential
12	12	Voting Act.
13	13	SECTION 2. The purpose of this Act is to improve the
14	14	democratic process by implementing a preferential voting system in
15	15	certain Texas elections to:
16	16	(1) ensure that candidates elected to office receive
17	17	majority support; and
18	18	(2) enhance voter participation by eliminating the
19	19	need for runoff elections.
20	20	SECTION 3. Chapter 2, Election Code, is amended by adding
21	21	Subchapter E to read as follows:
22	22	SUBCHAPTER E. PREFERENTIAL VOTING
23	23	Sec. 2.101. PREFERENTIAL VOTING IN CERTAIN PRIMARY
24	24	ELECTIONS. (a) Except as provided by Subsection (b), a primary
25	25	election to nominate a candidate for statewide office in the
26	26	executive branch or a legislative office of the state or federal
27	27	government must use a preferential voting system as provided by
28	28	this subchapter.
29	29	(b) Unless required by federal law, a primary election to
30	30	nominate the candidates for the office of president or
31	31	vice-president of the United States may not use a preferential
32	32	voting system.
33	33	Sec. 2.102. PREFERENTIAL VOTING IN MUNICIPALITY ELECTIONS.
34	34	The governing body of a municipality may authorize the use of a
35	35	preferential voting system as provided by this subchapter for the
36	36	election of an officer of the municipality by majority vote.
37	37	Sec. 2.103. ADOPTION OF PREFERENTIAL VOTING PROCEDURES.
38	38	(a) The secretary of state shall prescribe procedures to allow for
39	39	an election of an office requiring a majority vote using a
40	40	preferential voting system.
41	41	(b) The system must allow a voter to rank each candidate for
42	42	an office through a numerical designation from the candidate the
43	43	voter favors most to the candidate the voter favors least.
44	44	Sec. 2.104. DETERMINATION OF ELECTION RESULT. (a) If no
45	45	candidate receives a majority of the votes cast designating the
46	46	highest favorable ranking for an office, the votes of the candidate
47	47	receiving the fewest number of votes are reassigned to the
48	48	candidate ranking next highest in the preference of a voter.
49	49	(b) If after reassigning votes under Subsection (a) no
50	50	candidate receives a majority of the votes cast designating the
51	51	modified highest favorable ranking, the reassignment of a vote to a
52	52	voter's next most preferred candidate under Subsection (a)
53	53	continues until one candidate receives a majority.
54	54	(c) If two or more candidates tie for the least number of
55	55	votes before a reassignment of votes under Subsection (a) or (b),
56	56	the tied candidates shall cast lots to determine which candidate's
57	57	votes are reassigned.
58	58	Sec. 2.105. RUNOFF ELECTION NOT HELD. Notwithstanding any
59	59	other law, a runoff election is not held for an office to which this
60	60	subchapter applies.
61	61	Sec. 2.106. ACTION BY SECRETARY OF STATE. (a) The
62	62	secretary of state shall conduct a statewide effort to educate
63	63	voters regarding the procedures for voting with a preferential
64	64	voting system.
65	65	(b) The secretary of state shall develop materials for the
66	66	training of election officials conducting an election using a
67	67	preferential voting system.
68	68	(c) The training materials developed under Subsection (b)
69	69	must be made available on the secretary of state's Internet
70	70	website.
71	71	(d) The secretary of state may use any available funds to
72	72	assist an authority of a political subdivision conducting an
73	73	election using a preferential voting system as provided by this
74	74	subchapter, including the purchase of voting machines, if the funds
75	75	have been appropriated for that purpose.
76	76	SECTION 4. (a) The secretary of state and the governing
77	77	body of a municipality that authorizes the use of a preferential
78	78	voting system under Section 2.102, Election Code, as added by this
79	79	Act, shall conduct a study on the effectiveness of the use of a
80	80	preferential voting system under Subchapter E, Chapter 2, Election
81	81	Code, as added by this Act, including:
82	82	(1) any cost savings achieved through the use of a
83	83	preferential voting system; and
84	84	(2) whether voters prefer conducting elections using a
85	85	preferential voting system.
86	86	(b) Not later than December 31, 2029, the secretary of state
87	87	and the governing body of a municipality shall prepare and submit a
88	88	report to the legislature containing the findings of the study and
89	89	any recommendations for legislative or other action.
90	90	(c) This section expires September 1, 2030.
91	91	SECTION 5. If any provision of this Act is declared invalid,
92	92	that declaration does not affect the validity of the remaining
93	93	portions of this Act.
94	94	SECTION 6. Not later than December 31, 2026, the secretary
95	95	of state shall prescribe the procedures required under Section
96	96	2.103, Election Code, as added by this Act, and make available the
97	97	materials developed under Section 2.106, Election Code, as added by
98	98	this Act.
99	99	SECTION 7. (a) Except as provided by Subsection (b) of this
100	100	section, this Act takes effect January 1, 2027.
101	101	(b) Section 6 of this Act takes effect September 1, 2025.