BILL ANALYSIS Senate Research Center S.B. 1033 89R4664 MLH-D By: Hughes State Affairs 3/6/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current law, if a primary runoff candidate withdraws after the primary but before the runoff, the remaining runoff candidate is declared the winner and will advance to the general election. This is true even when there is a third-place candidate who could participate in the runoff. S.B. 1033 aims to resolve this issue by amending Section 172.059 of the Election Code. This bill ensures that if a candidate who advanced from a primary election to the runoff withdraws before the runoff election is held, the candidate with the third highest votes will replace him or her on the runoff ballot. This bill would also give candidates a time frame in which they must withdraw. They would have five days after the canvassing of the primary election to be removed from the ballot. Missing the deadline would mean that the candidate is legally bound to stay on the ballot. As proposed, S.B. 1033 amends current law relating to the withdrawal of a candidate in a runoff primary election. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2.023(a), Election Code, to create an exception under Section 172.059 (Withdrawal From Runoff Primary). SECTION 2. Amends Section 172.059, Election Code, by amending Subsections (a) and (c) and adding Subsection (d), as follows: (a) Prohibits a candidate for nomination from withdrawing from the runoff primary election after 5 p.m. of the fifth day after the last day on which the state canvass is authorized to be conducted for the election under Section 172.120(b) (relating to requiring the state chair to conduct the state canvass for the general primary election not later than a certain date), rather than the 3rd day after the state canvass under Section 172.120 (State Canvass Relating to Candidates Who Filed an Application for a Place on the Ballot in Accordance With the General Requirements). (c) Provides that, 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) Creates this subsection from existing text. Provides that, 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. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1033
89R4664 MLH-D By: Hughes
State Affairs
3/6/2025
As Filed
Senate Research Center
S.B. 1033
89R4664 MLH-D
By: Hughes
State Affairs
3/6/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, if a primary runoff candidate withdraws after the primary but before the runoff, the remaining runoff candidate is declared the winner and will advance to the general election. This is true even when there is a third-place candidate who could participate in the runoff.
S.B. 1033 aims to resolve this issue by amending Section 172.059 of the Election Code. This bill ensures that if a candidate who advanced from a primary election to the runoff withdraws before the runoff election is held, the candidate with the third highest votes will replace him or her on the runoff ballot.
This bill would also give candidates a time frame in which they must withdraw. They would have five days after the canvassing of the primary election to be removed from the ballot. Missing the deadline would mean that the candidate is legally bound to stay on the ballot.
As proposed, S.B. 1033 amends current law relating to the withdrawal of a candidate in a runoff primary election.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2.023(a), Election Code, to create an exception under Section 172.059 (Withdrawal From Runoff Primary).
SECTION 2. Amends Section 172.059, Election Code, by amending Subsections (a) and (c) and adding Subsection (d), as follows:
(a) Prohibits a candidate for nomination from withdrawing from the runoff primary election after 5 p.m. of the fifth day after the last day on which the state canvass is authorized to be conducted for the election under Section 172.120(b) (relating to requiring the state chair to conduct the state canvass for the general primary election not later than a certain date), rather than the 3rd day after the state canvass under Section 172.120 (State Canvass Relating to Candidates Who Filed an Application for a Place on the Ballot in Accordance With the General Requirements).
(c) Provides that, 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) Creates this subsection from existing text. Provides that, 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. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2025.