89th Legislature

SB 310

Overall Vote Recommendation
Neutral
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 310 amends the Texas Election Code to prohibit the use of a “preferential voting system”—commonly referred to as ranked-choice voting—in determining majority outcomes for elections to public or political party office, or for securing a political party’s nomination. The bill defines a preferential voting system as one that allows voters to rank candidates in order of preference (e.g., first choice, second choice, etc.). Under SB 310, a candidate must receive more than 50 percent of the original, first-choice votes cast in an election requiring a majority to be declared the winner.

The legislation specifically adds new Section 2.0215 to Subchapter B, Chapter 2 of the Texas Election Code. This new section states that a majority vote must be determined based on the initial, unaltered vote totals and expressly forbids the reassignment of votes that occurs in systems like ranked-choice voting. The bill further amends Section 2.022(b) of the Election Code to clarify that this provision supersedes conflicting laws outside Subchapter B.

SB 310 represents a preemptive policy stance against the adoption or experimentation with alternative voting methods at the state or local level. Its passage ensures that Texas elections for majority-required offices continue to be decided exclusively by traditional plurality or majority vote counts without mechanisms that allow vote redistribution based on voter preferences.
Author
Bryan Hughes
Co-Author
Peter Flores
Lois Kolkhorst
Sponsor
Jared Patterson
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 310 will have no significant fiscal impact to the State of Texas. The legislation amends the Election Code to prohibit the use of preferential voting systems (such as ranked-choice voting) in elections requiring a majority vote, but it does not mandate the implementation of any new programs, systems, or enforcement mechanisms that would generate additional state costs.

The Texas Secretary of State, the agency responsible for overseeing elections, also reports that the bill would not incur significant fiscal consequences. Since the bill essentially codifies a restriction on certain voting methods rather than introducing a new voting procedure or requiring upgrades to voting infrastructure, its impact on existing administrative operations is expected to be minimal.

At the local level, the bill likewise imposes no significant fiscal burden on counties or municipalities. Local governments are not expected to experience increased election-related expenditures because the bill does not require them to alter current voting equipment or systems already in use. In effect, SB 310 precludes the adoption of preferential voting methods that might otherwise require technological or procedural investments but does not compel any new expenditures under the existing framework.

Vote Recommendation Notes

SB Bill 310 proposes to amend the Texas Election Code by prohibiting the use of preferential voting systems, most commonly understood as ranked-choice voting (RCV), in determining a majority vote for elections to public or political party office or for a party’s nomination. Under the bill, a candidate must receive more than 50 percent of the votes as originally cast, without using mechanisms that reallocate or redistribute votes based on voter rankings. The bill defines a preferential voting system as one that allows voters to rank candidates in order of preference, and clarifies that such systems may not be used to determine a majority outcome.

The proponents of SB 310, including organizations such as the Texas Public Policy Foundation, express concern that RCV introduces unnecessary complexity into elections, potentially leading to voter confusion, increased ballot errors, and ballot exhaustion (when ballots become inactive before the final round of tabulation). They argue that preserving straightforward vote-counting rules protects electoral integrity and enhances public trust in outcomes. In addition, the Republican Party of Texas platform explicitly opposes RCV, citing concerns about disenfranchisement and clarity in election outcomes.

Conversely, critics of SB 310 raise concerns that the bill restricts local jurisdictions and political parties from adopting electoral systems that may better represent voter preferences or increase participation. Ranked-choice voting has been adopted in several states and cities across the country with the intent of reducing negative campaigning, eliminating the need for costly runoff elections, and encouraging broader civic engagement by allowing voters to support their preferred candidates without fear of "wasting" their vote. From this perspective, the bill could be seen as limiting electoral innovation and the democratic flexibility of local and party-led processes.

From a liberty-principled perspective, SB 310 presents both benefits and drawbacks. It promotes clear, uniform standards and protects against electoral confusion, which supports government transparency and voter confidence. However, it also curtails local autonomy and voter choice by preventing communities from experimenting with alternative voting systems, potentially restricting individual liberty and the responsiveness of government to local preferences. The bill does not impose new administrative requirements or costs and carries no significant fiscal impact on the state or local governments, according to the Legislative Budget Board and the Texas Secretary of State.

Given these competing considerations, Texas Policy Research remains NEUTRAL, reflecting the nuanced and unsettled nature of the policy debate surrounding ranked-choice voting. SB 310 does not impose new voting methods or create financial burdens, but it does place a ceiling on how elections may evolve in the future. A neutral position recognizes the legitimacy of concerns on both sides, about ballot integrity and procedural simplicity on one hand, and about voter empowerment and local control on the other, without endorsing a firm policy position either in favor of or against the adoption of RCV in Texas. This stance encourages ongoing monitoring of RCV’s performance in other states and communities while preserving Texas’s current voting practices.

  • Individual Liberty: The bill restricts individual liberty to some extent by denying voters the opportunity to express their preferences through ranked-choice voting (RCV) fully. Under RCV systems, voters can indicate not just a single preferred candidate, but also secondary preferences, giving them more freedom to participate in the electoral process in a nuanced and expressive way. By outlawing this system for elections requiring a majority, the bill narrows how voters may cast their ballots and how their political voice is counted. This limitation arguably conflicts with the broader principle of maximizing personal agency in democratic participation.
  • Personal Responsibility: The connection between the bill and personal responsibility is more indirect. RCV systems tend to encourage voters to be more informed about a wider field of candidates, as they are not just choosing a single frontrunner but evaluating multiple options. Removing this possibility might reduce the incentive for deeper civic engagement. On the other hand, the bill maintains a simpler voting structure, which could be viewed as supporting responsible participation by reducing the potential for confusion, mismarked ballots, or unintended disenfranchisement through complex vote redistribution processes.
  • Free Enterprise: Although this principle is usually applied to economic activity, its analog in the political realm—free and fair competition—offers relevant insight. RCV can lower barriers to entry for independent or third-party candidates, thereby increasing electoral competition and diminishing the dominance of entrenched political parties. The bill reinforces the status quo by preemptively banning voting systems that could broaden competition. As such, it could be seen as limiting political innovation and voter access to alternatives, which goes against the spirit of free enterprise in the civic arena.
  • Private Property Rights: The bill does not affect private property rights directly, as it does not regulate land use, ownership, or property-based liberties.
  • Limited Government: This principle presents the most complex tension in the bill. On one hand, proponents may argue that the bill supports limited government by simplifying and clarifying how majority outcomes are determined, thereby limiting bureaucratic experimentation with complex vote-counting systems. On the other hand, the bill is a state-level mandate that prevents local jurisdictions or political parties from adopting alternative voting methods, even if they have local support or democratic authorization. In that respect, it expands state power at the expense of local autonomy, an action typically at odds with the philosophy of limited government.
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