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.