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A BILL TO BE ENTITLED
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AN ACT
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relating to preferential voting in runoff elections for certain |
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voters voting by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.056, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In addition to any other balloting materials provided to |
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the voter under this subchapter, the early voting clerk shall |
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provide the voter with: |
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(1) a runoff election ballot for each office for which |
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the voter is eligible to vote, in accordance with Section 101.151; |
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and |
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(2) a second carrier envelope in which the voter may |
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return the runoff election ballot. |
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SECTION 2. Section 101.057, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A runoff election ballot voted in accordance with |
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Section 101.151 may only be counted if a voter returns the ballot at |
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the same time and in the same manner as a general election ballot |
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voted by the voter under this subchapter. |
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SECTION 3. Chapter 101, Election Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. PREFERENTIAL VOTING IN RUNOFF ELECTION |
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Sec. 101.151. PREFERENTIAL VOTING IN RUNOFF ELECTION. (a) |
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A voter eligible for early voting by mail under this chapter shall |
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receive a runoff election ballot at the same time and in the same |
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manner as the voter's general election ballot. |
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(b) The secretary of state shall prescribe procedures to |
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provide for a runoff election ballot issued to a voter under this |
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chapter to use a preferential voting system. The system must allow |
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a voter to rank each candidate through a numerical designation from |
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the candidate the voter favors most to the candidate the voter |
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favors least. |
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(c) If a runoff election for any office voted by the voter |
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occurs, the carrier envelope containing the voter's runoff election |
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ballot shall be opened and the ballot shall be counted. The voter's |
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vote in the election is assigned to the runoff candidate whom the |
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voter assigned the highest favorable ranking on the runoff election |
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ballot under Subsection (b). |
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(d) The secretary of state shall create detailed |
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instructions on the use of a preferential voting system and provide |
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the instructions to each county clerk. A county clerk shall: |
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(1) post the instructions on the county clerk's public |
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Internet website, if the clerk maintains a website; and |
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(2) ensure that a copy of the instructions is mailed to |
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each voter who receives a runoff election ballot in the same time |
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and in the same manner as that ballot. |
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SECTION 4. This Act takes effect January 1, 2023. |