88R4278 SGM-D
 
  By: Leach H.B. No. 2013
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the withdrawal of a candidate in a runoff primary
  election.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2.023(a), Election Code, is amended to
  read as follows:
         (a)  Except as provided by Subsections (b) and (c) or Section
  172.059, the candidates in a runoff election are the candidates who
  receive the highest and second highest number of votes in the main
  election or who tie for the highest number of votes.
         SECTION 2.  Section 172.059, Election Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) to read
  as follows:
         (a)  A candidate for nomination may not withdraw from the
  runoff primary election after 5 p.m. of the 21st [3rd] day after the
  state canvass under Section 172.120.
         (c)  If a runoff candidate withdraws from the election on or
  before 5 p.m. of the 21st day after the state canvass, the candidate
  who received the third highest number of votes in the general
  primary election is entitled to a place on the runoff ballot.
         (d)  If a runoff candidate withdraws after 5 p.m. of the 21st
  day after the state canvass, the remaining candidate is the nominee
  and the runoff election for that office is not held.
         SECTION 3.  The changes in law made by this Act apply to an
  election ordered on or after the effective date of this Act. An
  election ordered before the effective date of this Act is governed
  by the law in effect when the election was ordered, and the former
  law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.