Bill Text: TX HB465 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to preferential voting in runoff elections for certain voters voting by mail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB465 Detail]
Download: Texas-2025-HB465-Introduced.html
| 89R3777 MPF-D | ||
| By: Cortez | H.B. No. 465 | |
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| 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. | ||
