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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of preferential voting in certain elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Election Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. PREFERENTIAL VOTING |
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Sec. 2.101. USE OPTIONAL. The governing body of a |
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municipality or independent school district may authorize the use |
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of preferential voting as provided by this subchapter for a |
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nonpartisan election of an officer of the municipality or school |
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district, as appropriate, by majority vote. |
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Sec. 2.102. ADOPTION OF PREFERENTIAL VOTING PROCEDURES. |
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(a) The secretary of state shall prescribe procedures to allow for |
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an election of an office requiring a majority vote using a |
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preferential voting system. |
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(b) The system must allow a voter to rank each candidate for |
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an office through a numerical designation from the candidate the |
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voter favors most to the candidate the voter favors least. |
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Sec. 2.103. DETERMINATION OF ELECTION RESULT. (a) If no |
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candidate receives a majority of the votes cast designating the |
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highest favorable ranking for an office, the votes of the candidate |
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receiving the fewest number of votes are reassigned to the |
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candidate ranking next highest in the preference of a voter. |
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(b) If after reassigning votes under Subsection (a) no |
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candidate receives a majority of the votes cast designating the |
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modified highest favorable ranking, the reassignment of a vote to a |
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voter's next most preferred candidate under Subsection (a) |
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continues until one candidate receives a majority. |
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Sec. 2.104. PRIMARY NOT HELD; FILING PERIOD. (a) A primary |
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election is not held for an office to which this subchapter applies. |
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(b) The secretary of state shall prescribe the filing |
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deadline for an application for a place on the ballot for an office |
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to which this subchapter applies that is filled at the general |
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election for state and county officers. |
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Sec. 2.105. RUNOFF ELECTION NOT HELD. Notwithstanding any |
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other law, a runoff election is not held for an office to which this |
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subchapter applies. |
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SECTION 2. This Act takes effect September 1, 2023. |