HBA-MPA, BTC H.B. 569 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 569
By: Maxey
Elections
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

Preferential voting allows voters to rank candidates from first to last.
Some believe that the utilization of voters' ranking will encourage voter
participation.  H.B. 569 allows counties, municipalities, and school
districts to use preferential voting in elections for their elective
officers. Reassignment of votes will continue until one candidate receives
a majority; and provide for reassignment of votes based on such rankings in
the event that no one candidate receives a majority of votes thereby
eliminating the need for run-off elections. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 10, Election Code, by adding Subtitle D, as
follows: 

SUBTITLE D. PREFERENTIAL VOTING

CHAPTER 186.  USE OF PREFERENTIAL VOTING FOR CERTAIN  ELECTIONS

Sec.  186.001.  USE OPTIONAL.  Authorizes the governing body of a county,
municipality, or independent school district  to  use preferential voting
as provided by this chapter for the election of an officer of the county,
municipality, or school district, as appropriate, by majority vote. 

Sec.  186.002.  ADOPTION OF PREFERENTIAL VOTING PROCEDURES.  Requires the
secretary of state to prescribe procedures to allow for an election of an
office requiring a majority vote using a preferential voting system.
Provides that 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.  186.003.  DETERMINATION OF ELECTION RESULT.  Provides that 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.  Provides that 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 Subjection (a)
continues until one candidate receives a majority. 

Sec.  186.004.  PRIMARY NOT HELD; FILING PERIOD.  Provides that a primary
election is not held for an office to which this chapter applies.  Requires
the secretary of state to prescribe the filing deadline for an application
for a place on the ballot for an office to which this chapter applies that
is filled at the general election for state and county officers. 


Sec.  186.005.  RUNOFF ELECTION NOT HELD.  Provides that notwithstanding
any other  law, a runoff election is not held for an office to which  this
chapter applies. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.