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HB 3164

AN ACT relating to the withdrawal of a candidate in a runoff primary

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

Modifies the rules for candidate withdrawals in runoff primary elections in Texas. It extends the deadline for candidate withdrawal from 3 to 5 days after the state canvass, and establishes new procedures for what happens if a top-performing candidate withdraws. If the candidate with the most votes withdraws before the deadline, the candidate who received the third-highest votes in the general primary will take their place; if a candidate withdraws after the deadline, the remaining candidate automatically becomes the nominee and no runoff election will be held.

Subject Areas

Bill Text

relating to the withdrawal of a candidate in a runoff primary
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 2.023(a), Election Code, is amended to
(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
(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
(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.

Bill History

filed

Bill filed: AN ACT relating to the withdrawal of a candidate in a runoff primary