By: Hughes  S.B. No. 747
         (In the Senate - Filed February 7, 2023; March 1, 2023, read
  first time and referred to Committee on State Affairs;
  March 22, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 2; March 22, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 747 By:  Hughes
 
 
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 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, 2023.
 
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