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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. This Act may be cited as the Texas Preferential |
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Voting Act. |
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SECTION 2. The purpose of this Act is to improve the |
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democratic process by implementing a preferential voting system in |
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certain Texas elections to: |
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(1) ensure that candidates elected to office receive |
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majority support; and |
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(2) enhance voter participation by eliminating the |
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need for runoff elections. |
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SECTION 3. 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. PREFERENTIAL VOTING IN CERTAIN PRIMARY |
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ELECTIONS. (a) Except as provided by Subsection (b), a primary |
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election to nominate a candidate for statewide office in the |
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executive branch or a legislative office of the state or federal |
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government must use a preferential voting system as provided by |
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this subchapter. |
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(b) Unless required by federal law, a primary election to |
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nominate the candidates for the office of president or |
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vice-president of the United States may not use a preferential |
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voting system. |
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Sec. 2.102. PREFERENTIAL VOTING IN MUNICIPALITY ELECTIONS. |
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The governing body of a municipality may authorize the use of a |
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preferential voting system as provided by this subchapter for the |
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election of an officer of the municipality by majority vote. |
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Sec. 2.103. 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. 2.104. 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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(c) If two or more candidates tie for the least number of |
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votes before a reassignment of votes under Subsection (a) or (b), |
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the tied candidates shall cast lots to determine which candidate's |
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votes are reassigned. |
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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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Sec. 2.106. ACTION BY SECRETARY OF STATE. (a) The |
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secretary of state shall conduct a statewide effort to educate |
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voters regarding the procedures for voting with a preferential |
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voting system. |
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(b) The secretary of state shall develop materials for the |
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training of election officials conducting an election using a |
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preferential voting system. |
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(c) The training materials developed under Subsection (b) |
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must be made available on the secretary of state's Internet |
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website. |
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(d) The secretary of state may use any available funds to |
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assist an authority of a political subdivision conducting an |
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election using a preferential voting system as provided by this |
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subchapter, including the purchase of voting machines, if the funds |
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have been appropriated for that purpose. |
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SECTION 4. (a) The secretary of state and the governing |
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body of a municipality that authorizes the use of a preferential |
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voting system under Section 2.102, Election Code, as added by this |
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Act, shall conduct a study on the effectiveness of the use of a |
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preferential voting system under Subchapter E, Chapter 2, Election |
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Code, as added by this Act, including: |
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(1) any cost savings achieved through the use of a |
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preferential voting system; and |
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(2) whether voters prefer conducting elections using a |
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preferential voting system. |
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(b) Not later than December 31, 2029, the secretary of state |
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and the governing body of a municipality shall prepare and submit a |
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report to the legislature containing the findings of the study and |
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any recommendations for legislative or other action. |
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(c) This section expires September 1, 2030. |
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SECTION 5. If any provision of this Act is declared invalid, |
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that declaration does not affect the validity of the remaining |
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portions of this Act. |
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SECTION 6. Not later than December 31, 2026, the secretary |
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of state shall prescribe the procedures required under Section |
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2.103, Election Code, as added by this Act, and make available the |
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materials developed under Section 2.106, Election Code, as added by |
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this Act. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2027. |
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(b) Section 6 of this Act takes effect September 1, 2025. |