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Austin's toyed with ranked choice for years. Why the system, recently used in NYC, hasn't been used here
AUSTIN (KXAN) — On Tuesday, voters in New York City ranked the candidates who they felt should be mayor on their mayoral primary election ballots. The process led to progressive Zohran Mamdani earning the Democratic nomination for Mayor of New York City.
New York City is using ranked choice voting in its Democratic mayoral primary. Here's how it works
This system, called ranked choice voting, was approved by Austin voters in 2021 following a successful proposition initiative. The city also considered adopting the system in 2001.
But why hasn't Austin used it yet? Blame state law.
KXAN's Grace Reader reported in 2022 that the issue goes back to 2001, when the city's legal office asked then-Secretary of State Henry Cueller for his legal opinion. In his response, Cuellar said that Texas' elections law requires a majority vote and that it defines 'majority' in such a way that would prevent ranked choice ballots.
2022 | Why are you voting in a runoff if Austin voters approved ranked-choice voting?
'We conclude that state law conflicts irreconcilably with, and thereby preempts, instant runoff voting. Consequently, a home-rule municipality may not adopt instant runoff voting,' wrote then-Attorney General Greg Abbott in 2003.
However, KXAN isn't aware of any precedent in Texas courts involving a city adopting ranked choice. The legal opinions issued by Cuellar and Abbott aren't settled law, just interpretation of the law.
Whether or not Austin could successfully win such a case before the Supreme Court of Texas remains a hypothetical for now.
Prior to 1985, Texas' election code allowed for ranked choice. A bill passed by the Texas Legislature in that year removed the option. Departing Rep. Vikki Goodwin, D-Austin, tried unsuccessfully across multiple sessions to restore the option desired by her constituents.
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