87R16313 ADM-D
 
  By: Fierro H.B. No. 740
 
  Substitute the following for H.B. No. 740:
 
  By:  Fierro C.S.H.B. No. 740
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to preferential voting in runoff elections for certain
  voters voting by mail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 101.056, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  In addition to any other balloting materials provided to
  the voter under this section, the early voting clerk shall provide
  the voter with:
               (1)  a runoff election ballot for each office for which
  the voter is eligible to vote, in accordance with Section 101.151;
  and
               (2)  a second carrier envelope in which the voter may
  return the runoff election ballot. 
         SECTION 2.  Section 101.057, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A runoff election ballot voted in accordance with
  Section 101.151 may only be counted if a voter returns the ballot at
  the same time and in the same manner as a general election ballot
  voted by the voter under this subchapter. 
         SECTION 3.  Chapter 101, Election Code, is amended by adding
  Subchapter D to read as follows:
  SUBCHAPTER D. PREFERENTIAL VOTING IN RUNOFF ELECTION
         Sec. 101.151.  PREFERENTIAL VOTING IN RUNOFF ELECTION. (a)
  A voter eligible for early voting by mail under this chapter shall
  receive a runoff election ballot at the same time and in the same
  manner as the voter's general election ballot.
         (b)  The secretary of state shall prescribe procedures to
  provide for a runoff election ballot issued to a voter under this
  chapter to use a preferential voting system. The system must allow
  a voter to rank each candidate through a numerical designation from
  the candidate the voter favors most to the candidate the voter
  favors least.
         (c)  If a runoff election for any office voted by the voter
  occurs, the carrier envelope containing the voter's runoff election
  ballot shall be opened and the ballot shall be counted. The voter's
  vote in the election is assigned to the runoff candidate whom the
  voter assigned the highest favorable ranking on the runoff election
  ballot under Subsection (b).
         (d)  The secretary of state shall create detailed
  instructions on the use of a preferential voting system and provide
  the instructions to each county clerk.  A county clerk shall:
               (1)  post the instructions on the county clerk's public
  Internet website, if the clerk maintains a website; and
               (2)  ensure that a copy of the instructions is mailed to
  each voter who receives a runoff election ballot in the same time
  and in the same manner as that ballot.
         SECTION 4.  This Act takes effect January 1, 2022.