Bhojani Bill Brings Ranked-Choice Primaries And Ends Runoffs In 2027

The text as introduced · 802 words

89R13555 MPF-F

By: Bhojani
H.B. No. 4528

A BILL TO BE ENTITLED

AN ACT

relating to the use of preferential voting in certain elections.

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

SECTION 1. This Act may be cited as the Texas Preferential

Voting Act.

SECTION 2. The purpose of this Act is to improve the

democratic process by implementing a preferential voting system in

certain Texas elections to:

(1) ensure that candidates elected to office receive

majority support; and

(2) enhance voter participation by eliminating the

need for runoff elections.

SECTION 3. Chapter 2, Election Code, is amended by adding

Subchapter E to read as follows:

SUBCHAPTER E. PREFERENTIAL VOTING

Sec. 2.101. PREFERENTIAL VOTING IN CERTAIN PRIMARY

ELECTIONS. (a) Except as provided by Subsection (b), a primary

election to nominate a candidate for statewide office in the

executive branch or a legislative office of the state or federal

government must use a preferential voting system as provided by

this subchapter.

(b) Unless required by federal law, a primary election to

nominate the candidates for the office of president or

vice-president of the United States may not use a preferential

voting system.

Sec. 2.102. PREFERENTIAL VOTING IN MUNICIPALITY ELECTIONS.

The governing body of a municipality may authorize the use of a

preferential voting system as provided by this subchapter for the

election of an officer of the municipality by majority vote.

Sec. 2.103. ADOPTION OF PREFERENTIAL VOTING PROCEDURES.

(a) The secretary of state shall prescribe procedures to allow for

an election of an office requiring a majority vote using a

preferential voting system.

(b) The system must allow a voter to rank each candidate for

an office through a numerical designation from the candidate the

voter favors most to the candidate the voter favors least.

Sec. 2.104. DETERMINATION OF ELECTION RESULT. (a) If no

candidate receives a majority of the votes cast designating the

highest favorable ranking for an office, 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.

(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.

Sec. 2.105. RUNOFF ELECTION NOT HELD. Notwithstanding any

other law, a runoff election is not held for an office to which this

subchapter applies.

Sec. 2.106. ACTION BY SECRETARY OF STATE. (a) The

secretary of state shall conduct a statewide effort to educate

voters regarding the procedures for voting with a preferential

voting system.

(b) The secretary of state shall develop materials for the

training of election officials conducting an election using a

preferential voting system.

(c) The training materials developed under Subsection (b)

must be made available on the secretary of state's Internet

website.

(d) The secretary of state may use any available funds to

assist an authority of a political subdivision conducting an

election using a preferential voting system as provided by this

subchapter, including the purchase of voting machines, if the funds

have been appropriated for that purpose.

SECTION 4. (a) The secretary of state and the governing

body of a municipality that authorizes the use of a preferential

voting system under Section 2.102, Election Code, as added by this

Act, shall conduct a study on the effectiveness of the use of a

preferential voting system under Subchapter E, Chapter 2, Election

Code, as added by this Act, including:

(1) any cost savings achieved through the use of a

preferential voting system; and

(2) whether voters prefer conducting elections using a

preferential voting system.

(b) Not later than December 31, 2029, the secretary of state

and the governing body of a municipality shall prepare and submit a

report to the legislature containing the findings of the study and

any recommendations for legislative or other action.

(c) This section expires September 1, 2030.

SECTION 5. If any provision of this Act is declared invalid,

that declaration does not affect the validity of the remaining

portions of this Act.

SECTION 6. Not later than December 31, 2026, the secretary

of state shall prescribe the procedures required under Section

2.103, Election Code, as added by this Act, and make available the

materials developed under Section 2.106, Election Code, as added by

this Act.

SECTION 7. (a) Except as provided by Subsection (b) of this

section, this Act takes effect January 1, 2027.

(b) Section 6 of this Act takes effect September 1, 2025.