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A BILL TO BE ENTITLED
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AN ACT
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relating to the votes required for a candidate to be elected to |
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office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 2, Election |
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Code, is amended to read as follows: |
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SUBCHAPTER A. VOTE REQUIRED FOR ELECTION GENERALLY [BY PLURALITY] |
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SECTION 2. Section 2.001, Election Code, is amended to read |
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as follows: |
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Sec. 2.001. [PLURALITY] VOTE REQUIRED GENERALLY. (a) Except |
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as otherwise provided by law, to be elected to a public office: |
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(1) [,] a candidate must receive more votes than any |
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other candidate for the office; and |
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(2) for an office other than a federal office, the |
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amount by which the number of votes cast for the candidate receiving |
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the highest number of votes exceeds the number of votes cast for the |
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candidate receiving the second highest number of votes must be |
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greater than or equal to one percent of the number of votes cast in |
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that election. |
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(b) If a candidate does not receive the number of votes |
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required by Subsection (a)(2), the candidate receiving the highest |
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number of votes and the candidate receiving the second highest |
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number of votes are considered to have tied for the highest number |
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of votes. |
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SECTION 3. Subchapter A, Chapter 2, Election Code, is |
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amended by adding Section 2.0011 to read as follows: |
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Sec. 2.0011. MAJORITY VOTE REQUIREMENT. (a) If another |
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provision of this code or a law outside this code requires a |
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candidate for office to receive a majority of the total number of |
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votes received by all candidates for the same office, the candidate |
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receives the number of votes required to be elected to that office |
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only if the amount by which the number of votes cast for the |
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candidate receiving the highest number of votes exceeds the number |
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of votes cast for the candidate receiving the second highest number |
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of votes is greater than or equal to one percent of the number of |
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votes cast in that election. |
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(b) This section prevails to the extent of a conflict |
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between this section and any other law. |
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(c) This section does not apply to a candidate for a federal |
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office. |
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SECTION 4. Sections 2.002(a) and (f), Election Code, are |
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amended to read as follows: |
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(a) Except as provided by Subsection (f), (g), or (i), in an |
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election not requiring a majority [plurality] vote, if two or more |
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candidates for the same office tie or are considered under Section |
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2.001(b) to tie for the number of votes required to be elected, a |
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second election to fill the office shall be held. |
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(f) This subsection does not apply to candidates who are |
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considered to have tied under Section 2.001(b) but did not actually |
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receive the same number of votes. The tying candidates may agree to |
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cast lots to resolve the tie. The agreement must be filed with the |
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authority responsible for ordering the election. That authority |
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or, if the authority is a body, the body's presiding officer, shall |
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supervise the casting of lots. |
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SECTION 5. Section 2.028, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) If the amount by which the number of votes cast for the |
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candidate receiving the highest number of votes in a runoff |
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election exceeds the number of votes cast for the candidate |
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receiving the second highest number of votes is not greater than or |
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equal to one percent of the number of votes cast in that election, |
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the candidates are considered to have tied for the highest number of |
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votes. |
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SECTION 6. Section 145.005(c), Election Code, is amended to |
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read as follows: |
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(c) If the deceased or ineligible candidate and another |
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candidate tie or are considered to have tied under Section 2.001(b) |
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for the most votes in an election in which a majority [plurality] |
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vote is not required [sufficient] for election, the other candidate |
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is considered to be elected. If more than one other candidate is |
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tied with the deceased or ineligible candidate, the winner of the |
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election shall be determined by resolving the tie between the other |
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candidates in the regular manner for resolving a tie vote in the |
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election. |
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SECTION 7. Section 212.136(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (c), write-in votes |
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cast in connection with a voting system shall be excluded from a |
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recount of an election in which a majority [plurality] vote is not |
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required [sufficient]. |
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SECTION 8. The changes in law made by this Act apply only to |
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an election held on or after September 1, 2009. An election held |
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before September 1, 2009, is governed by the law in effect on the |
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date the election was held, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2009. |