89R18187 LRM-D
By: Swanson H.B. No. 496
Substitute the following for H.B. No. 496:
By: Shaheen C.S.H.B. No. 496
A BILL TO BE ENTITLED
AN ACT
relating to a ballot option to not vote for any candidate or not
vote for or against a proposition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 52, Election Code, is
amended by adding Section 52.0685 to read as follows:
Sec. 52.0685. OPTION TO AFFIRMATIVELY CHOOSE NOT TO VOTE.
(a) Voters shall be given the opportunity to select:
(1) "None of the above" instead of voting for a
candidate appearing on the ballot or the list of write-in
candidates for each race; or
(2) "ABSTAIN FROM VOTE" instead of voting for or
against a measure.
(b) A vote under this section does not count for the purpose
of determining which candidate received a majority of votes or
whether a measure may be enacted.
(c) The secretary of state shall prescribe the form and
manner of placing the options required by this section on the
ballot.
SECTION 2. Sections 52.070(a) and (b), Election Code, are
amended to read as follows:
(a) A shape for voting shall be printed to the left of:
(1) each candidate's name on a ballot; and
(2) the option "None of the above" for each office to
be voted on in the election.
(b) Immediately below "OFFICIAL BALLOT," the following
instruction shall be printed: "Vote for the candidate of your
choice in each race by placing an 'X' or filling in the shape beside
the candidate's name or beside 'None of the above'."
SECTION 3. Sections 52.073(a), (b), and (c), Election Code,
are amended to read as follows:
(a) On a ballot on which a proposition is to appear, "FOR"
and, below it, "AGAINST" and, below it, "ABSTAIN FROM VOTE" shall be
printed to the left of the proposition.
(b) A brace or other suitable device shall be printed to
indicate to which proposition each "FOR," [and] "AGAINST," and
"ABSTAIN FROM VOTE" applies.
(c) A square for voting shall be printed to the left of each
"FOR," [and] each "AGAINST,[.]" and each "ABSTAIN FROM VOTE."
SECTION 4. This Act takes effect September 1, 2025.