88R21762 LRM-D
 
  By: Swanson H.B. No. 153
 
  Substitute the following for H.B. No. 153:
 
  By:  DeAyala C.S.H.B. No. 153
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a ballot option to not vote for any candidate.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 52, Election Code, is
  amended by adding Section 52.0685 to read as follows:
         Sec. 52.0685.  OPTION TO AFFIRMATIVELY CHOOSE NOT TO VOTE.
  (a) Voters shall be given the opportunity to select "I choose not to
  vote in this race" instead of voting for the candidates appearing on
  the ballot or the list of write-in candidates for each race.
         (b)  A vote under this section does not count for the purpose
  of determining which candidate received a majority of votes.
         (c)  The secretary of state shall prescribe the form and
  manner of placing the option "I choose not to vote in this race" on
  the ballot.
         SECTION 2.  Sections 52.070(a) and (b), Election Code, are
  amended to read as follows:
         (a)  A shape for voting shall be printed to the left of:
               (1)  each candidate's name on a ballot; and
               (2)  the option "I choose not to vote in this race" for
  each office to be voted on in the election.
         (b)  Immediately below "OFFICIAL BALLOT," the following
  instruction shall be printed: "Vote for the candidate of your
  choice in each race by placing an 'X' or filling in the shape beside
  the candidate's name or beside "I choose not to vote in this race"."
         SECTION 3.  This Act takes effect September 1, 2023.