BILL ANALYSIS H.B. 817 By: Cain Elections Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that while the requirement for a majority vote in which a candidate must receive more than half of the votes as originally cast to be elected to a public office is a longstanding democratic principle in Texas elections, there have been recent discussions regarding the use of preferential voting systems, such as ranked-choice voting (RCV), to determine the outcomes of certain elections in Texas. While proponents of RCV argue that the system ensures a consensus winner, a 2024 report published by the Texas Public Policy Foundation suggests that RCV introduces unnecessary complexity and can result in votes not being considered. Additionally, the bill author has informed the committee that states that have adopted RCV, such as Alaska and Maine, have reported longer vote tabulation periods. Finally, the Republican Party of Texas platform explicitly opposes RCV, expressing support for the direct prohibition on all types of preferential voting or RCV systems in all elections. H.B. 817 seeks to prohibit preferential voting in Texas. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 817 amends the Election Code to establish that a candidate in a runoff election requiring a majority vote to be elected to a public office must receive more than half of the votes as originally cast. The bill prohibits a majority from being determined by using a preferential voting system to reassign votes. For these purposes, the bill defines "preferential voting system" as a voting system which permits a voter to rank each candidate through a numerical designation from the candidate the voter favors most to the candidate the voter favors least. The bill's provisions expressly supersede a law outside of provisions governing runoff elections to the extent of any conflict. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 817
By: Cain
Elections
Committee Report (Unamended)
H.B. 817
By: Cain
Elections
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that while the requirement for a majority vote in which a candidate must receive more than half of the votes as originally cast to be elected to a public office is a longstanding democratic principle in Texas elections, there have been recent discussions regarding the use of preferential voting systems, such as ranked-choice voting (RCV), to determine the outcomes of certain elections in Texas. While proponents of RCV argue that the system ensures a consensus winner, a 2024 report published by the Texas Public Policy Foundation suggests that RCV introduces unnecessary complexity and can result in votes not being considered. Additionally, the bill author has informed the committee that states that have adopted RCV, such as Alaska and Maine, have reported longer vote tabulation periods. Finally, the Republican Party of Texas platform explicitly opposes RCV, expressing support for the direct prohibition on all types of preferential voting or RCV systems in all elections. H.B. 817 seeks to prohibit preferential voting in Texas.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 817 amends the Election Code to establish that a candidate in a runoff election requiring a majority vote to be elected to a public office must receive more than half of the votes as originally cast. The bill prohibits a majority from being determined by using a preferential voting system to reassign votes. For these purposes, the bill defines "preferential voting system" as a voting system which permits a voter to rank each candidate through a numerical designation from the candidate the voter favors most to the candidate the voter favors least. The bill's provisions expressly supersede a law outside of provisions governing runoff elections to the extent of any conflict.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that while the requirement for a majority vote in which a candidate must receive more than half of the votes as originally cast to be elected to a public office is a longstanding democratic principle in Texas elections, there have been recent discussions regarding the use of preferential voting systems, such as ranked-choice voting (RCV), to determine the outcomes of certain elections in Texas. While proponents of RCV argue that the system ensures a consensus winner, a 2024 report published by the Texas Public Policy Foundation suggests that RCV introduces unnecessary complexity and can result in votes not being considered. Additionally, the bill author has informed the committee that states that have adopted RCV, such as Alaska and Maine, have reported longer vote tabulation periods. Finally, the Republican Party of Texas platform explicitly opposes RCV, expressing support for the direct prohibition on all types of preferential voting or RCV systems in all elections. H.B. 817 seeks to prohibit preferential voting in Texas.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 817 amends the Election Code to establish that a candidate in a runoff election requiring a majority vote to be elected to a public office must receive more than half of the votes as originally cast. The bill prohibits a majority from being determined by using a preferential voting system to reassign votes. For these purposes, the bill defines "preferential voting system" as a voting system which permits a voter to rank each candidate through a numerical designation from the candidate the voter favors most to the candidate the voter favors least. The bill's provisions expressly supersede a law outside of provisions governing runoff elections to the extent of any conflict.
EFFECTIVE DATE
September 1, 2025.