| |
|
|
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 the runoff candidate who received the most votes cast |
|
|
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, 2023. |