HB465 - Relating to preferential voting in runoff elections for certain voters voting by mail.

  89R3777 MPF-D     By: Cortez H.B. No. 465       A BILL TO BE ENTITLED   AN ACT   relating to preferential voting in runoff elections for certain   voters voting by mail.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 101.056, Election Code, is amended by   adding Subsection (d) to read as follows:           (d)     In addition to any other balloting materials provided to   the voter under this subchapter, the early voting clerk shall   provide the voter with:                 (1)     a runoff election ballot for each office for which   the voter is eligible to vote, in accordance with Section 101.151;   and                 (2)     a second carrier envelope in which the voter may   return the runoff election ballot.            SECTION 2.  Section 101.057, Election Code, is amended by   adding Subsection (c) to read as follows:           (c)     A runoff election ballot voted in accordance with   Section 101.151 may only be counted if a voter returns the ballot at   the same time and in the same manner as a general election ballot   voted by the voter under this subchapter.          SECTION 3.  Chapter 101, Election Code, is amended by adding   Subchapter D to read as follows:   SUBCHAPTER D. PREFERENTIAL VOTING IN RUNOFF ELECTION           Sec.   101.151.     PREFERENTIAL VOTING IN RUNOFF ELECTION. (a)   A voter eligible for early voting by mail under this chapter shall   receive a runoff election ballot at the same time and in the same   manner as the voter's general election ballot.           (b)     The secretary of state shall prescribe procedures to   provide for a runoff election ballot issued to a voter under this   chapter to use 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.           (c)     If a runoff election for any office voted by the voter   occurs, the carrier envelope containing the voter's runoff election   ballot shall be opened and the ballot shall be counted. The voter's   vote in the election is assigned to the runoff candidate whom the   voter assigned the highest favorable ranking on the runoff election   ballot under Subsection (b).           (d)     The secretary of state shall create detailed   instructions on the use of a preferential voting system and provide   the instructions to each county clerk.   A county clerk shall:                 (1)     post the instructions on the county clerk's public   Internet website, if the clerk maintains a website; and                 (2)     ensure that a copy of the instructions is mailed to   each voter who receives a runoff election ballot at the same time   and in the same manner as that ballot.          SECTION 4.  This Act takes effect January 1, 2026.