HB4528 - Relating to the use of preferential voting in certain elections.

  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.