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  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.