89R4664 MLH-D
By: Hughes S.B. No. 1033
A BILL TO BE ENTITLED
AN ACT
relating to the withdrawal of a candidate in a runoff primary
election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.023(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsections (b) and (c) or Section
172.059, the candidates in a runoff election are the candidates who
receive the highest and second highest number of votes in the main
election or who tie for the highest number of votes.
SECTION 2. Section 172.059, Election Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) A candidate for nomination may not withdraw from the
runoff primary election after 5 p.m. of the fifth [3rd] day after
the last day on which the state canvass may be conducted for the
election under Section 172.120(b) [172.120].
(c) If a runoff candidate withdraws from the election on or
before 5 p.m. of the fifth day after the last day on which the state
canvass may be conducted for the election, the candidate who
received the third highest number of votes in the general primary
election is entitled to a place on the runoff ballot.
(d) If a runoff candidate withdraws after 5 p.m. of the
fifth day after the last day on which the state canvass may be
conducted for the election, the remaining candidate is the nominee
and the runoff election for that office is not held.
SECTION 3. The changes in law made by this Act apply to an
election ordered on or after the effective date of this Act. An
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2025.