bill giving runoff candidates two more days to withdraw

The text as introduced · 334 words

89R3239 LRM-D

By: Leach
H.B. No. 3164

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 fifth [ 3rd ] day after

the last day on which the state canvass may be conducted for the

election under Section 172.120(b) [ 172.120 ].

(c) If a runoff candidate who received the most votes cast

withdraws from the election on or before 5 p.m. of the fifth day

after the last day on which the state canvass may be conducted for

the election, 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

fifth day after the last day on which the state canvass may be

conducted for the election , 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, 2025.