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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of alternate forms of voting in certain |
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elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Election Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. USE OF ALTERNATE FORMS OF VOTING FOR |
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CERTAIN ELECTIONS |
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Sec. 2.101. USE OPTIONAL. (a) The governing body of a city |
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with a population of 500,000 or more may require the use of |
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preferential voting as provided by this subchapter for the election |
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of an officer of the city by majority vote. |
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(b) The commissioners court of a county with a population of |
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800,000 or more may require the use of preferential voting as |
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provided by this subchapter for the primary election of a political |
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party's nominee for an officer of the county. |
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(c) The governing body of a city to which Subsection (a) |
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applies may require the use of another form of voting, including |
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cumulative voting or proportional voting, to elect an officer of |
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the city, when the constitution or laws of this state do not require |
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a majority vote to be elected. |
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Sec. 2.102. ADOPTION OF PREFERENTIAL VOTING PROCEDURES. |
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(a) The secretary of state shall prescribe procedures to allow for |
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an election of an office requiring a majority vote using a |
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preferential voting system. |
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(b) The system must allow a voter to rank each candidate for |
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an office through a numerical designation from the candidate the |
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voter favors most to the candidate the voter favors least. |
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Sec. 2.103. DETERMINATION OF ELECTION RESULT. (a) For a |
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city or county adopting preferential voting, if no candidate |
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receives a majority of the votes cast designating the highest |
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favorable ranking for an office, the votes of the candidate |
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receiving the fewest number of votes are reassigned to the |
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candidate ranking next highest in the preference of a voter. |
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(b) If after reassigning votes under Subsection (a) no |
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candidate receives a majority of the votes cast designating the |
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modified highest favorable ranking, the reassignment of a vote to a |
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voter's next most preferred candidate under Subsection (a) |
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continues until one candidate receives a majority. |
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(c) If two or more candidates tie for the least number of |
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votes before a reassignment of votes under Subsection (a) or (b), |
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the tied candidates shall cast lots to determine which candidate's |
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votes are reassigned. |
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Sec. 2.104. PRIMARY ELECTION. (a) To the extent possible, |
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a primary election of a political party for a county office elected |
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by preferential voting shall be held as provided by Chapter 172. |
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(b) The secretary of state shall adopt necessary procedures |
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to allow for the use of preferential voting at a primary election of |
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a political party for nomination to an office of a county requiring |
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the use of preferential voting. |
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Sec. 2.105. RUNOFF ELECTION NOT HELD. Notwithstanding any |
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other law, a runoff election is not held for an office that is |
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elected by preferential voting. |
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SECTION 2. (a) Chapter 275, Election Code, is repealed. |
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(b) A city that as of the effective date of this Act holds |
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its elections in the manner prescribed by Chapter 275, Election |
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Code, as repealed by this Act, is considered to have elected to hold |
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its elections for city office in the manner provided by that chapter |
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as it existed immediately before the repeal of that chapter until |
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the city adopts another method of election for those purposes. |
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SECTION 3. This Act takes effect September 1, 2007. |