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  88R1799 LRM-D
 
  By: Goodwin H.B. No. 1792
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of preferential voting in certain elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 201, Election Code, is
  amended by adding Sections 201.055, 201.056, 201.057, 201.058, and
  201.059 to read as follows:
         Sec. 201.055.  PREFERENTIAL VOTING REQUIRED.
  Notwithstanding Chapter 2 or any other law, a special election held
  to fill a vacancy in an office requiring election by majority vote
  must use preferential voting as provided by this subchapter.
         Sec. 201.056.  ADOPTION OF PREFERENTIAL VOTING PROCEDURES.
  (a) The secretary of state shall prescribe procedures to allow for
  an election of an office requiring a majority vote using a
  preferential voting system.
         (b)  The system must allow a voter to rank each candidate for
  an office through a numerical designation from the candidate the
  voter favors most to the candidate the voter favors least.
         Sec. 201.057.  DETERMINATION OF ELECTION RESULT. (a) If no
  candidate receives a majority of the votes cast designating the
  highest favorable ranking for an office, the votes of the candidate
  receiving the fewest number of votes are reassigned to the
  candidate ranking next highest in the preference of a voter.
         (b)  If after reassigning votes under Subsection (a) no
  candidate receives a majority of the votes cast designating the
  modified highest favorable ranking, the reassignment of a vote to a
  voter's next most preferred candidate under Subsection (a)
  continues until one candidate receives a majority.
         Sec. 201.058.  PRIMARY NOT HELD; FILING PERIOD. (a) A
  primary election is not held for an office to which this subchapter
  applies.
         (b)  The secretary of state shall prescribe the filing
  deadline for an application for a place on the ballot for an office
  to which this subchapter applies that is filled at the general
  election for state and county officers.
         Sec. 201.059.  RUNOFF ELECTION NOT HELD. Notwithstanding
  any other law, a runoff election is not held for an office to which
  this subchapter applies.
         SECTION 2.  The following provisions of the Election Code
  are repealed:
               (1)  Section 203.009(d);
               (2)  Section 203.010; and
               (3)  Sections 203.013(f), (g), and (h).
         SECTION 3.  This Act takes effect September 1, 2023.