By Maxey H.B. No. 2355 75R8532 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of preferential voting in certain elections. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Title 10, Election Code, is amended by adding 1-5 Subtitle D to read as follows: 1-6 SUBTITLE D. PREFERENTIAL VOTING 1-7 CHAPTER 186. USE OF PREFERENTIAL VOTING FOR CERTAIN 1-8 ELECTIONS 1-9 Sec. 186.001. USE OPTIONAL. The governing body of a county, 1-10 municipality, or independent school district may authorize the use 1-11 of preferential voting as provided by this chapter for the election 1-12 of an officer of the county, municipality, or school district, as 1-13 appropriate, by majority vote. 1-14 Sec. 186.002. ADOPTION OF PREFERENTIAL VOTING PROCEDURES. 1-15 (a) The secretary of state shall prescribe procedures to allow for 1-16 an election of an office requiring a majority vote using a 1-17 preferential voting system. 1-18 (b) The system must allow a voter to rank each candidate for 1-19 an office through a numerical designation from the candidate the 1-20 voter favors most to the candidate the voter favors least. 1-21 Sec. 186.003. DETERMINATION OF ELECTION RESULT. (a) If no 1-22 candidate receives a majority of the votes cast designating the 1-23 highest favorable ranking for an office, the votes of the candidate 1-24 receiving the fewest number of votes are reassigned to the 2-1 candidate ranking next highest in the preference of a voter. 2-2 (b) If after reassigning votes under Subsection (a) no 2-3 candidate receives a majority of the votes cast designating the 2-4 modified highest favorable ranking, the reassignment of a vote to 2-5 a voter's next most preferred candidate under Subsection (a) 2-6 continues until one candidate receives a majority. 2-7 Sec. 186.004. PRIMARY NOT HELD; FILING PERIOD. (a) A 2-8 primary election is not held for an office to which this chapter 2-9 applies. 2-10 (b) The secretary of state shall prescribe the filing 2-11 deadline for an application for a place on the ballot for an office 2-12 to which this chapter applies that is filled at the general 2-13 election for state and county officers. 2-14 Sec. 186.005. RUNOFF ELECTION NOT HELD. Notwithstanding any 2-15 other law, a runoff election is not held for an office to which 2-16 this chapter applies. 2-17 SECTION 2. This Act takes effect September 1, 1997. 2-18 SECTION 3. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended.