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A JOINT RESOLUTION
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proposing a constitutional amendment requiring a candidate for |
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public office to win by a margin of one percent of the votes cast at |
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the election before the candidate is elected to that office. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Article IV, Texas Constitution, is |
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amended to read as follows: |
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Sec. 3. RETURNS OF ELECTION; DECLARATION OF ELECTION; TIE |
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VOTES; CONTESTS. (a) The returns of every election for said |
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executive officers, until otherwise provided by law, shall be made |
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out, sealed up, and transmitted by the returning officers |
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prescribed by law, to the seat of Government, directed to the |
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Secretary of State, who shall deliver the same to the Speaker of the |
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House of Representatives, as soon as the Speaker shall be chosen, |
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and the said Speaker shall, during the first week of the session of |
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the Legislature, open and publish them in the presence of both |
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Houses of the Legislature. |
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(b) The person, voted for at said election, having the |
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highest number of votes for each of said offices respectively, and |
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being constitutionally eligible, shall be declared by the Speaker, |
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under sanction of the Legislature, to be elected to said office if |
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the amount by which the number of votes cast for the candidate |
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receiving the highest number of votes exceeds the number of votes |
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cast for the candidate receiving the second highest number of votes |
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is greater than or equal to one percent of the number of votes cast |
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in that election. But, if the amount by which the number of votes |
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cast for the candidate receiving the highest number of votes |
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exceeds the number of votes cast for the candidate receiving the |
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second highest number of votes is not greater than or equal to one |
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percent of the number of votes cast in that election, a second |
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election shall be held between the two candidates receiving the |
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highest and second highest number of votes. |
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(c) If two or more persons shall have the highest and an |
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equal number of votes for either of said offices, one of them shall |
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be immediately chosen to such office by joint vote of both Houses of |
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the Legislature. Contested elections for either of said offices, |
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shall be determined by both Houses of the Legislature in joint |
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session. |
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SECTION 2. Article XVI, Texas Constitution, is amended by |
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adding Section 73 to read as follows: |
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Sec. 73. VOTES REQUIRED FOR ELECTION TO OFFICE. (a) This |
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subsection applies if a majority vote is not required by this |
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constitution or general law for election to office. A candidate is |
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elected to a public office only if the amount by which the number of |
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votes cast for the candidate receiving the highest number of votes |
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exceeds the number of votes cast for the candidate receiving the |
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second highest number of votes is greater than or equal to one |
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percent of the number of votes cast in that election. If the amount |
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by which the number of votes cast for the candidate receiving the |
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highest number of votes exceeds the number of votes cast for the |
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candidate receiving the second highest number of votes is not |
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greater than or equal to one percent of the number of votes cast in |
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that election, a second election shall be held between the two |
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candidates receiving the highest and second highest number of |
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votes. |
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(b) If another provision of this constitution or a general |
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law requires a candidate for public office to receive a majority of |
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the total number of votes received by all candidates for the same |
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office, the candidate receives the number of votes required to be |
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elected to that office only if the amount by which the number of |
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votes cast for the candidate receiving the highest number of votes |
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exceeds the number of votes cast for the candidate receiving the |
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second highest number of votes is greater than or equal to one |
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percent of the number of votes cast in that election. |
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(c) This section does not apply to a candidate for federal |
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office. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment requiring a candidate |
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for public office to win by a margin of one percent of the votes cast |
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at the election before the candidate is elected to that office." |