89R13555 MPF-F
By: Bhojani H.B. No. 4528
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. This Act may be cited as the Texas Preferential
Voting Act.
SECTION 2. The purpose of this Act is to improve the
democratic process by implementing a preferential voting system in
certain Texas elections to:
(1) ensure that candidates elected to office receive
majority support; and
(2) enhance voter participation by eliminating the
need for runoff elections.
SECTION 3. Chapter 2, Election Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. PREFERENTIAL VOTING
Sec. 2.101. PREFERENTIAL VOTING IN CERTAIN PRIMARY
ELECTIONS. (a) Except as provided by Subsection (b), a primary
election to nominate a candidate for statewide office in the
executive branch or a legislative office of the state or federal
government must use a preferential voting system as provided by
this subchapter.
(b) Unless required by federal law, a primary election to
nominate the candidates for the office of president or
vice-president of the United States may not use a preferential
voting system.
Sec. 2.102. PREFERENTIAL VOTING IN MUNICIPALITY ELECTIONS.
The governing body of a municipality may authorize the use of a
preferential voting system as provided by this subchapter for the
election of an officer of the municipality by majority vote.
Sec. 2.103. 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. 2.104. 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.
(c) If two or more candidates tie for the least number of
votes before a reassignment of votes under Subsection (a) or (b),
the tied candidates shall cast lots to determine which candidate's
votes are reassigned.
Sec. 2.105. RUNOFF ELECTION NOT HELD. Notwithstanding any
other law, a runoff election is not held for an office to which this
subchapter applies.
Sec. 2.106. ACTION BY SECRETARY OF STATE. (a) The
secretary of state shall conduct a statewide effort to educate
voters regarding the procedures for voting with a preferential
voting system.
(b) The secretary of state shall develop materials for the
training of election officials conducting an election using a
preferential voting system.
(c) The training materials developed under Subsection (b)
must be made available on the secretary of state's Internet
website.
(d) The secretary of state may use any available funds to
assist an authority of a political subdivision conducting an
election using a preferential voting system as provided by this
subchapter, including the purchase of voting machines, if the funds
have been appropriated for that purpose.
SECTION 4. (a) The secretary of state and the governing
body of a municipality that authorizes the use of a preferential
voting system under Section 2.102, Election Code, as added by this
Act, shall conduct a study on the effectiveness of the use of a
preferential voting system under Subchapter E, Chapter 2, Election
Code, as added by this Act, including:
(1) any cost savings achieved through the use of a
preferential voting system; and
(2) whether voters prefer conducting elections using a
preferential voting system.
(b) Not later than December 31, 2029, the secretary of state
and the governing body of a municipality shall prepare and submit a
report to the legislature containing the findings of the study and
any recommendations for legislative or other action.
(c) This section expires September 1, 2030.
SECTION 5. If any provision of this Act is declared invalid,
that declaration does not affect the validity of the remaining
portions of this Act.
SECTION 6. Not later than December 31, 2026, the secretary
of state shall prescribe the procedures required under Section
2.103, Election Code, as added by this Act, and make available the
materials developed under Section 2.106, Election Code, as added by
this Act.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, this Act takes effect January 1, 2027.
(b) Section 6 of this Act takes effect September 1, 2025.