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A BILL TO BE ENTITLED
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AN ACT
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relating to the withdrawal of a candidate in a runoff primary |
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election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.023(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsections (b) and (c) or Section |
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172.059, the candidates in a runoff election are the candidates who |
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receive the highest and second highest number of votes in the main |
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election or who tie for the highest number of votes. |
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SECTION 2. Section 172.059, Election Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) A candidate for nomination may not withdraw from the |
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runoff primary election after 5 p.m. of the 21st [3rd] day after the |
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state canvass under Section 172.120. |
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(c) If a runoff candidate withdraws from the election on or |
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before 5 p.m. of the 21st day after the state canvass, the candidate |
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who received the third highest number of votes in the general |
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primary election is entitled to a place on the runoff ballot. |
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(d) If a runoff candidate withdraws after 5 p.m. of the 21st |
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day after the state canvass, the remaining candidate is the nominee |
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and the runoff election for that office is not held. |
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SECTION 3. The changes in law made by this Act apply to an |
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election ordered on or after the effective date of this Act. An |
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election ordered before the effective date of this Act is governed |
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by the law in effect when the election was ordered, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |