bill replacing primary runoffs with ranked-choice voting

The text as introduced · 3,419 words

89R4262 LRM-D

By: Meza
H.B. No. 1406

A BILL TO BE ENTITLED

AN ACT

relating to preferential voting in a primary election.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 18.069, Election Code, is amended to

read as follows:

Sec. 18.069. VOTING HISTORY. Not later than the 30th day

after the date of the primary[ , runoff primary, ] or general

election or any special election ordered by the governor, the

general custodian of election records shall electronically submit

to the secretary of state the record of each voter participating in

the election. The record must include a notation of whether the

voter voted on election day, voted early by personal appearance,

voted early by mail under Chapter 86, or voted early by mail under

Chapter 101.

SECTION 2. Section 31.093(c), Election Code, is amended to

read as follows:

(c) On request of the county chair of a political party

holding a primary election in the county, the county election

officer shall contract with the county executive committee of the

party to perform election services, as provided by this subchapter,

in the party's general primary election [ and runoff primary

election ] in accordance with a cost schedule agreed on by the

contracting parties.

SECTION 3. Section 32.091(c), Election Code, is amended to

read as follows:

(c) For a primary [ or runoff primary ] election, the minimum

hourly rate is the greater of the maximum rate provided by

Subsection (a) or, if the election officer attended a training

program as provided by Subchapter F, $7.

SECTION 4. Section 41.001(c), Election Code, is amended to

read as follows:

(c) Except for an election under Subsection (a) or Section

41.0011 or a runoff election following an election held under

Subsection (a)(2), an election may not be held within 30 days before

or after the date of the general election for state and county

officers or the [ , ] general primary election[ , or runoff primary

election ].

SECTION 5. Section 43.007(a), Election Code, is amended to

read as follows:

(a) The secretary of state shall implement a program to

allow each commissioners court participating in the program to

eliminate county election precinct polling places and establish

countywide polling places for:

(1) any election required to be conducted by the

county;

(2) any election held as part of a joint election

agreement with a county under Chapter 271;

(3) any election held under contract for election

services with a county under Subchapter D, Chapter 31;

(4) each primary election [ and runoff primary

election ] if:

(A) the county chair or county executive

committee of each political party participating in a joint primary

election under Section 172.126 agrees to the use of countywide

polling places; or

(B) the county chair or county executive

committee of each political party required to nominate candidates

by primary election agrees to use the same countywide polling

places; and

(5) each election of a political subdivision located

in the county that is held jointly with an election described by

Subdivision (3) or (4).

SECTION 6. Section 85.001(b), Election Code, is amended to

read as follows:

(b) For a special runoff election for the office of state

senator or state representative [ or for a runoff primary election ],

the period begins on the 10th day before election day.

SECTION 7. Section 85.062(b), Election Code, is amended to

read as follows:

(b) A polling place established under this section may be

located, subject to Subsection (d), at any place in the territory

served by the early voting clerk and may be located inside any

building as directed by the authority establishing the branch

office. The polling place may not be located in a movable structure

in the general election for state and county officers or the [ , ]

general primary election[ , or runoff primary election ]. Ropes or

other suitable objects may be used at the polling place to ensure

compliance with Section 62.004. Persons who are not expressly

permitted by law to be in a polling place shall be excluded from the

polling place to the extent practicable.

SECTION 8. Section 85.072(g), Election Code, is amended to

read as follows:

(g) The early voting clerk shall compile the registers and

electronically submit to the secretary of state a record of each

voter participating in a primary, [ a runoff primary, ] a general

election, or any special election ordered by the governor not later

than the day the voter votes in person or the early voting clerk

receives a ballot voted by mail.

SECTION 9. Sections 123.033(d) and (e), Election Code, are

amended to read as follows:

(d) A county is not required to provide a political party's

county executive committee with equipment for use in an election

precinct in which fewer than 100 votes were cast in the political

party's most recent general [ or runoff ] primary.

(e) The maximum amount that may be charged for leasing

equipment to a county executive committee for a general [ or runoff ]

primary is:

(1) $5 for each unit of electronic voting system

equipment installed at a polling place; and

(2) $5 for each unit of other equipment not specified

by this subsection.

SECTION 10. Section 142.006(a), Election Code, is amended

to read as follows:

(a) An application for a place on the ballot must be filed

not later than 5 p.m. of the 30th day after [ runoff ] primary

election day, except as provided by Section 202.007.

SECTION 11. Section 142.008, Election Code, is amended to

read as follows:

Sec. 142.008. STATEMENT ON PETITION. The following

statement must appear at the top of each page of a candidate's

petition: "I know the purpose of this petition. I have not voted in

the general primary election [ or runoff primary election ] of any

political party that has nominated [ , at either election, ] a

candidate for the office of (insert office title) for which (insert

candidate's name) is a candidate."

SECTION 12. Section 142.009, Election Code, is amended to

read as follows:

Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. A

signature on a candidate's petition is invalid if the signer:

(1) signed the petition on or before general primary

election day [ or, if a runoff primary is held for the office sought

by the candidate, on or before runoff primary election day ]; or

(2) voted in the general [ or runoff ] primary election

of a political party that made a nomination [ , at either primary, ]

for the office sought by the candidate.

SECTION 13. Section 162.004(c), Election Code, is amended

to read as follows:

(c) Subject to Subsection (a-1), if a voter is accepted to

vote without presenting a registration certificate, the presiding

judge shall issue the voter an affiliation certificate. [ The

certificate is not required to be issued to a voter in a runoff

primary unless the voter requests it. ] The affiliation certificate

may be combined with the notice provided under Section 172.1114. If

the combined form is used, an election officer is not required to

comply with Subsection (b).

SECTION 14. Section 162.005, Election Code, is amended to

read as follows:

Sec. 162.005. AFFILIATION PROCEDURE: EARLY VOTING BY MAIL.

Subject to Section 162.004(a-1), the early voting clerk in a

general primary election shall provide an affiliation certificate

with each early voting or limited ballot to be voted by mail. [ The

certificate is not required to be provided to an applicant for a

runoff primary ballot unless the applicant requests it. ]

SECTION 15. Section 163.004(a), Election Code, is amended

to read as follows:

(a) A political party's rules, including amendments to

rules, governing or affecting its general [ or runoff ] primary

elections, conventions held under this code, or nominees may be

adopted only by:

(1) a state convention; or

(2) the state executive committee as:

(A) a temporary rule, if adoption before the next

state convention is necessary; or

(B) a permanent rule, if the state executive

committee is expressly required or authorized by statute to adopt a

rule.

SECTION 16. Sections 171.022(a), (b), and (c), Election

Code, are amended to read as follows:

(a) A county executive committee consists of:

(1) a county chair, who is the presiding officer,

elected at the general primary election [ by majority vote of the

qualified voters of the county who vote in the primary on that

office ] or appointed by the county executive committee as provided

by this subchapter; and

(2) a precinct chair from each county election

precinct, elected at the general primary [ by majority vote of the

qualified voters of the precinct who vote in the primary on that

office ], subject to Section 171.0221, or appointed by the county

executive committee as provided by this subchapter.

(b) Except as provided by Subsection (d), if no candidate

receives a majority of the votes, a preferential voting system is

used [ runoff ] to determine the office [ is conducted ] in the same

manner as a preferential voting system is used [ runoff primary

election ] to determine a nomination for public office under Section

172.004 . [ The candidates to be in a runoff are determined in the

same manner as candidates in a runoff for a nomination. ]

(c) Each committee member serves for a term of two years

beginning the 20th day after [ runoff ] primary election day.

SECTION 17. Section 172.004, Election Code, is amended to

read as follows:

Sec. 172.004. PREFERENTIAL VOTING IN [ RUNOFF ] PRIMARY

ELECTION . (a) If no candidate for nomination to a particular

office receives the vote required for nomination in the general

primary election, 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 [ a runoff primary election

shall be held to determine the nomination ].

(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.

(c) If two or more candidates tie for the least number of

votes before a reassignment of votes under Subsection (a) or (b),

the tied candidates shall cast lots to determine which candidate's

votes are reassigned.

(d) The secretary of state shall prescribe procedures to

provide for an election to be held under this chapter using a

preferential voting system. The system must allow a voter to rank

each candidate through a numerical designation from the candidate

the voter favors most to the candidate the voter favors least [ The

candidates in a runoff for a nomination shall be determined and a

tie vote in a runoff resolved as provided by Subchapter B, Chapter

2, for a runoff for an election to office ].

SECTION 18. Section 172.061(a), Election Code, is amended

to read as follows:

(a) Except for Section [ Sections ] 172.058(b), [ 172.059(c),

and 172.060(b), ] this subchapter applies to a candidate for county

chair or precinct chair.

SECTION 19. Section 172.117(a-2), Election Code, is amended

to read as follows:

(a-2) The county chair shall update the notations after each

general primary [ and runoff primary ] election, unless the secretary

of state's Internet website automatically updates the notations

based on election returns. After any withdrawal or death of a

candidate, and subsequent replacement of the candidate on the

ballot, the chair shall notify the state chair, who shall update the

notation on the website. All notations must be completed and

accurate on the date prescribed by the secretary of state by rule to

ensure that an authority printing general election ballots may rely

on the information.

SECTION 20. Section 172.126(a), Election Code, is amended

to read as follows:

(a) The primary elections in a county may be conducted

jointly at the regular polling places designated for the general

election for state and county officers. The county clerk shall

supervise the overall conduct of the joint primary elections. This

section applies to the conduct of joint primary elections

notwithstanding and in addition to other applicable provisions of

this code. The decision to conduct a joint general primary election

[ or runoff primary election, as applicable, ] must be made by

majority vote of the full membership of the commissioners court and

with the unanimous approval of the county clerk and the county chair

of each political party required to nominate candidates by primary

election.

SECTION 21. Section 172.127(b), Election Code, is amended

to read as follows:

(b) The presiding judge or alternate presiding judge for the

precinct may post signs at a polling place for a primary election

[ or a primary runoff election ] that:

(1) identify the names of, or symbols representing,

any political parties holding an election at the polling place; and

(2) do not refer to a candidate or measure on the

ballot.

SECTION 22. Sections 173.083(a), (b), and (c), Election

Code, are amended to read as follows:

(a) The amount of estimated primary election expenses

payable with state funds under this section is equal to[ :

[ (1) for a general primary election, ] the difference

obtained by subtracting the sum of the filing fees and

contributions reported in the statement of estimated primary

election expenses from the total amount of estimated general

primary expenses approved by the secretary of state under Section

173.082[ ; and

[ (2) for a runoff primary election, the total amount

of estimated runoff primary expenses approved by the secretary ].

(b) State payment of the estimated primary election

expenses shall be made in installments as follows:

(1) the initial installment [ for the expenses of a

general primary ] is equal to three-fourths, or three-fifths if the

secretary of state determines that figure to be more efficient, of

the amount of estimated general primary expenses payable with state

funds; and

(2) [ the initial installment for the expenses of a

runoff primary is equal to three-fourths, or three-fifths if the

secretary of state determines that figure to be more efficient, of

the amount of estimated runoff primary expenses payable with state

funds; and

[ (3) ] the final installment is equal to the difference

obtained by subtracting the total of the installment [ installments ]

paid under Subdivision [ Subdivisions ] (1) [ and (2) ] from the total

of the actual general [ and runoff ] primary election expenses

payable with state funds.

(c) After determining the amount of estimated primary

expenses to approve under Section 173.082 for a general [ or runoff ]

primary, the secretary of state shall calculate the amount of the

installment payable under Subsection (b)(1) [ or (2), as

applicable ]. The secretary shall then prepare and deliver to the

comptroller of public accounts a certified statement indicating the

amount of the installment, the total amount of estimated general

[ or runoff ] primary expenses payable with state funds, and the name

of the county or state chair who submitted the statement of

estimated primary election expenses.

SECTION 23. Sections 173.0833(a) and (b), Election Code,

are amended to read as follows:

(a) This section applies to election services and materials

provided by a vendor for use in a primary election [ or primary

runoff election ], including:

(1) the printing of paper ballot material containing

candidates' names used in a polling place;

(2) the programming and testing of voting system

equipment, including ballot layout, programming of equipment, and

audio production;

(3) site support or technical support other than the

programming or testing of voting system equipment;

(4) nonballot election materials used in a precinct on

election day, including election kits, required party stamps,

distance signs, and required forms; and

(5) the rental of non-county-owned electronic voting

system equipment, including media components.

(b) A vendor providing election services or materials to a

county chair or a county election officer contracting with a county

chair for a primary [ or runoff primary ] election shall directly

bill the secretary of state for the cost of the services or

materials used on election day for which state funding is available

under this chapter.

SECTION 24. Sections 173.084(a) and (b), Election Code, are

amended to read as follows:

(a) Regardless of whether state funds are requested for

paying primary expenses, each county chair and state chair shall

prepare a report that includes:

(1) an itemized list of the actual expenses incurred

in connection with the primary election [ general and runoff

primaries ] by the authority preparing the report and by the

executive committee over which the authority presides;

(2) the amount of the primary candidates' filing fees

required to be deposited in the county primary fund if the report is

by a county chair, or in the state primary fund if the report is by

the state chair;

(3) the amount of filing fees that have been refunded;

(4) the amount of the contributions to the executive

committee over which the authority preparing the report presides

that:

(A) are for the purpose of defraying primary

election expenses; and

(B) have not been included in a report filed

under this section for a previous primary election year; and

(5) the balance in the county primary fund if the

report is by a county chair, or in the state primary fund if the

report is by the state chair, that remains after deducting the

primary election expenses actually incurred and the refunded filing

fees.

(b) The authority preparing the report shall file it with

the secretary of state not later than August 31 following the

[ applicable ] primary election[ , in the case of the county chair's

report, or if no runoff primary is held for a statewide or district

office, in the case of the state chair's report ].

SECTION 25. Section 202.007(a), Election Code, is amended

to read as follows:

(a) If a vacancy occurs after [ runoff ] primary election day,

an independent candidate for the unexpired term must file the

application for a place on the ballot not later than 5 p.m. of the

30th day after the date the vacancy occurs or 5 p.m. of the 70th day

before general election day, whichever is earlier.

SECTION 26. Section 232.008(c), Election Code, is amended

to read as follows:

(c) A contestant must file the petition not later than the

later of the 15th day after the date the election records are

publicly available under Section 1.012 or the official result is

determined in a contest of:

(1) a primary [ or runoff primary ] election; or

(2) a general or special election for which a runoff is

necessary according to the official result or will be necessary if

the contestant prevails.

SECTION 27. Section 232.048(a), Election Code, is amended

to read as follows:

(a) If no candidate receives a majority vote in a new

election ordered by a court in the contest of an election in which a

majority vote is required, a runoff election shall be held[ :

[ (1) for a primary election contest, on the date set by

the district court in which the contest was heard, except as

provided by Subsection (c); or

[ (2) for a contest of a general or special election, ]

on the date set by the authority responsible for ordering the runoff

election.

SECTION 28. Section 255.002(a), Election Code, is amended

to read as follows:

(a) The rate charged for political advertising by a radio or

television station may not exceed:

(1) during the 45 days preceding a general [ or runoff ]

primary election and during the 60 days preceding a general or

special election, the broadcaster's lowest unit charge for

advertising of the same class, for the same time, and for the same

period; or

(2) at any time other than that specified by

Subdivision (1), the amount charged other users for comparable use

of the station.

SECTION 29. The following provisions of the Election Code

are repealed:

(1) Section 41.007(b);

(2) Section 172.058(c);

(3) Section 172.059;

(4) Section 172.060;

(5) Section 172.061(b);

(6) Section 172.084;

(7) Section 172.120(b-1);

(8) Section 172.121;

(9) Section 172.125; and

(10) Section 173.081(e).

SECTION 30. The changes in law made by this Act apply only

to an election ordered on or after September 1, 2025.

SECTION 31. This Act takes effect September 1, 2025.