BILL ANALYSIS Senate Research Center S.B. 310 89R2113 MPF-D By: Hughes State Affairs 3/17/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In the past, there have been disputes as to whether the term "majority" in the Texas Election Code authorizes the use of preferential voting, also known as ranked-choice voting or instant runoff voting. In preferential voting, voters rank candidates in their preferred order of choice, i.e. "1" for top candidate, "2" for second choice, and so on. If no candidate wins a majority of first-choice votes when the ballots are counted, the candidate with the fewest first-place votes is eliminated. Voters who selected the eliminated candidate now have their votes automatically shifted to their next highest choice and the results are retabulated. The ballots of voters who selected the eliminated candidate and who failed or refused to rank another candidate are eliminated and these "exhausted" ballots are excluded from the total number of votes cast in the election. This process is repeated until only one candidate has a majority of the remaining votes and is therefore considered the victor. When asked about this type of voting, both the secretary of state (SOS) and attorney general issued opinions, in 2001 and 2003 respectively, finding that the term "majority" did not include "preferential majority." In fact, in 1985, the Texas Legislature removed a paragraph authorizing preferential voting in the Election Code. In issuing their opinions, SOS and the attorney general relied on court opinions and legislative intent in reaching their conclusions. Despite these opinions, some still argue that preferential voting satisfies the majority element required by state law. S.B. 310 resolves this issue by including express language of the legislature's intent for elections. Eleven states have adopted similar measures to clarify that preferential or ranked-choice voting is not permitted under state law. Bill Summary: S.B. 921 adds a new section to the Election Code with four simple components: Defines "preferential voting system"; Clarifies that a candidate must receive more than half of the votes originally cast to win; Prohibits use of a preferential voting system to generate a majority; and Provides that these new provisions supersede any conflicting law outside that relating to run-off elections. As proposed, S.B. 310 amends current law relating to the determination of a majority vote in certain elections. 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 Subchapter B, Chapter 2, Election Code, by adding Section 2.0215, as follows: Sec. 2.0215. DETERMINATION OF MAJORITY VOTE. (a) Defines "preferential voting system." (b) Requires a candidate, in an election requiring a majority vote to be elected to a public or political party office or to receive a political party's nomination, to receive more than half of the votes as originally cast. Prohibits a majority from being determined by using a preferential voting system to reassign votes. SECTION 2. Amends Section 2.022 (b), Election Code, to provide that certain sections, including Section 2.0215, supersede a law outside Subchapter B (Runoff Election) to the extent of any conflict. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 310
89R2113 MPF-D By: Hughes
State Affairs
3/17/2025
As Filed
Senate Research Center
S.B. 310
89R2113 MPF-D
By: Hughes
State Affairs
3/17/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In the past, there have been disputes as to whether the term "majority" in the Texas Election Code authorizes the use of preferential voting, also known as ranked-choice voting or instant runoff voting. In preferential voting, voters rank candidates in their preferred order of choice, i.e. "1" for top candidate, "2" for second choice, and so on. If no candidate wins a majority of first-choice votes when the ballots are counted, the candidate with the fewest first-place votes is eliminated. Voters who selected the eliminated candidate now have their votes automatically shifted to their next highest choice and the results are retabulated. The ballots of voters who selected the eliminated candidate and who failed or refused to rank another candidate are eliminated and these "exhausted" ballots are excluded from the total number of votes cast in the election. This process is repeated until only one candidate has a majority of the remaining votes and is therefore considered the victor.
When asked about this type of voting, both the secretary of state (SOS) and attorney general issued opinions, in 2001 and 2003 respectively, finding that the term "majority" did not include "preferential majority." In fact, in 1985, the Texas Legislature removed a paragraph authorizing preferential voting in the Election Code. In issuing their opinions, SOS and the attorney general relied on court opinions and legislative intent in reaching their conclusions.
Despite these opinions, some still argue that preferential voting satisfies the majority element required by state law. S.B. 310 resolves this issue by including express language of the legislature's intent for elections. Eleven states have adopted similar measures to clarify that preferential or ranked-choice voting is not permitted under state law.
Bill Summary:
S.B. 921 adds a new section to the Election Code with four simple components:
As proposed, S.B. 310 amends current law relating to the determination of a majority vote in certain elections.
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 Subchapter B, Chapter 2, Election Code, by adding Section 2.0215, as follows:
Sec. 2.0215. DETERMINATION OF MAJORITY VOTE. (a) Defines "preferential voting system."
(b) Requires a candidate, in an election requiring a majority vote to be elected to a public or political party office or to receive a political party's nomination, to receive more than half of the votes as originally cast. Prohibits a majority from being determined by using a preferential voting system to reassign votes.
SECTION 2. Amends Section 2.022 (b), Election Code, to provide that certain sections, including Section 2.0215, supersede a law outside Subchapter B (Runoff Election) to the extent of any conflict.
SECTION 3. Effective date: September 1, 2025.