SRC-JEC, VRA S.B. 135 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 135
78R297 DRH-DBy: Barrientos
State Affairs
4/17/2003
As Filed


DIGEST AND PURPOSE 

Current law governing municipal and school district elections requires
election by majority vote, with runoff elections when necessary.  Voter
turnout for local runoff elections is typically low, and some contend that
runoffs are an unnecessary expense.  According to a secretary of state
opinion, a homerule city with a population over 200,000 cannot conduct
elections using an "instant runoff" or "preferential voting" system,
absent a statutory change.  As proposed, S.B. 135 provides for optional
local use of preferential voting. 

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 Chapter 2, Election Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  USE OF PREFERENTIAL VOTING FOR CERTAIN ELECTIONS

Sec.  2.101.  USE OPTIONAL.  (a)  Authorizes the governing body of a
municipality or independent school district to require the use of
preferential voting as provided by this subchapter for the election of an
officer of the municipality or school district, as appropriate, by
majority vote. 

(b)  Authorizes the governing body of a county to require the use of
preferential voting as provided by this subchapter for the primary
election of a political party's nominee for an officer of the county. 

Sec.  2.102.  ADOPTION OF PREFERENTIAL VOTING PROCEDURES.  (a)  Requires
the secretary of state to prescribe procedures to allow for an election of
an office requiring a majority vote using a preferential voting system. 

(b)  Requires the system to allow a voter to rank each candidate for an
office through a numerical designation from the candidate the voter favors
most to the candidate the voter favors least.  

Sec.  2.103.  DETERMINATION OF ELECTION RESULT.  (a)  Provides that if no
candidate receives a majority of the votes cast designating the highest
favorable ranking for an office, the votes of the candidate receiving the
fewest number of votes are reassigned to the candidate ranking next
highest in the preference of a voter. 

(b)  Provides that if after reassigning votes under Subsection (a) no
candidate receives a majority of the votes cast designating the modified
highest favorable ranking, the reassignment of a vote to a voter's next
most preferred candidate under Subsection (a)  continues until one
candidate receives a majority.  

(c)  Requires the tied candidates, if two or more candidates tie for the
least number of votes before a reassignment of votes under Subsection (a)
or (b), to cast lots to determine which candidate's votes are reassigned. 

Sec.  2.104.  PRIMARY ELECTION.  (a)  Requires, to the extent possible, a
primary election of a political party for a county office to which this
subchapter applies to be held as provided by Chapter 172 (relating to
primary elections). 

(b)  Requires the secretary of state to adopt necessary procedures to
allow for the use of this subchapter at a primary election of a political
party for nomination to an office of a county requiring the use of this
subchapter. 

Sec.  2.105.  RUNOFF ELECTION NOT HELD.  Provides that a runoff election,
notwithstanding any other law, is not held for an office to which this
subchapter applies. 

Sec.  2.106.  VOTER EDUCATION.  (a)  Requires a political subdivision
requiring the use of preferential voting as provided by this subchapter to
establish a program to educate voters on the use of preferential voting. 

(b)  Requires the political subdivision to provide funds for the program
established under Subsection (a) in an amount equal to not less than 25
percent of the average annual costs of the political subdivision to hold
runoff elections. 

SECTION 2.  Effective date:  September 1, 2003.