Ranked-Choice Voting and Open or Top-Two Primaries
Ranked-choice voting lets voters rank candidates instead of picking one. Texas does not use it: state officials have concluded it conflicts with laws requiring a majority winner and a separate runoff in party primaries and many local races. Texas also has open primaries, and the state Republican Party is trying to close its primary to registered members.
The basics
In ranked-choice voting, voters rank candidates in order of preference1. If no one wins a majority of first choices, the last-place candidate is dropped and those ballots move to their next choice, repeating until someone reaches 50%1.
Alaska and Maine use ranked-choice voting in statewide elections1. As of March 2026, nineteen states prohibit it in all or some elections, including eight that passed bans in 2025 or 20261.
Primary rules also vary. In closed primaries, only registered party members may vote2. In open primaries, any voter may choose either party's ballot2. California and Washington use top-two primaries, where the top two finishers advance regardless of party, and Alaska sends the top four to the general election2.
The Republican National Committee adopted a resolution calling on Congress, state legislatures, and voters to oppose ranked-choice voting at every level of government8.
Key terms
- Ranked-choice voting
- A method in which voters rank candidates and the last-place candidate is dropped in rounds until one has a majority; also called instant runoff voting13.
- Runoff election
- A second election between the top finishers when no candidate wins a majority, which Texas requires in party primaries6.
- Open primary
- A primary where any voter may choose either party's ballot without registering with a party; Texas is classified as open2.
- Closed primary
- A primary limited to voters registered with that party2.
- Top-two primary
- A single primary for all candidates in which the top two finishers advance regardless of party, used in California and Washington2.
In Texas
Texas law has been read to block ranked-choice voting35. A candidate must win a majority of votes to win a party nomination, and a runoff is held if no one does6. In a 2003 opinion, the Texas attorney general concluded that state law preempts a home-rule city from adopting instant runoff voting because it conflicts with the majority and runoff requirements3. The secretary of state reached a similar view in 20015. Senate Bill 310 would have written an explicit ban into law in 2025; it passed the Senate on April 15, 2025, but the House postponed it on May 27 and it did not become law4.
Texas does not have party registration, so any voter may choose either party's primary2. The Republican Party of Texas has sued to close its primary to registered party members7. In September 2026, a federal judge paused the case, saying he expects the Legislature to take up closed primaries in its 2027 session7.
How people see it
The strongest case for each view, in terms its supporters would recognize. We don't pick a side.
Ban ranked-choice voting
Opponents say ranked ballots are confusing, slow down results, and can leave some ballots uncounted in later rounds when voters do not rank every candidate. They want simple, familiar elections with one vote per race and clear, traceable results8.
Keep majority elections with runoffs
Supporters of the current Texas system say requiring a majority, with a separate runoff when needed, already makes sure winners have broad support. Voters get a fresh choice between the top finishers after a real campaign between them.
Let cities and counties choose
Supporters say local voters should be able to decide how they elect their own mayors and council members. Letting cities try ranked-choice voting would show whether it works before any statewide change.
Use ranked-choice in state and federal races
Supporters say ranked ballots produce majority winners in one election, saving the cost of a separate runoff, which often has much lower turnout. They argue it lets voters back their favorite candidate without fear of spoiling the race.
Ranked-choice plus open top-four primaries
Supporters of Alaska's approach say putting all candidates in one primary and sending the top four to a ranked general election rewards candidates who appeal to a broad range of voters, not only the most active party members.
Who decides
- Texas Legislature: Sets election methods, including whether ranked-choice voting or closed primaries are allowed.
- Texas Secretary of State and Attorney General: Interpret election law and advise cities and counties on what it allows.
- Political parties: Run primaries and can go to court over who may vote in them.
- City councils and voters: Could adopt local election methods through charters, where state law permits.
Questions to ask a candidate
- Should Texas cities be allowed to use ranked-choice voting for local elections?
- Should Texas keep separate runoff elections or replace them with ranked ballots?
- Should Texas primaries be open to all voters or closed to registered party members?
- Would you support top-two or top-four primaries, where all candidates run on one ballot?
Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.
Sources
- Ranked Choice VotingNational Conference of State Legislatures
- State Primary Election TypesNational Conference of State Legislatures
- Opinion No. GA-0025: Whether a home-rule municipality may adopt instant runoff voting (March 4, 2003)Office of the Texas Attorney General
- SB 310, 89th Legislature, Regular Session: Bill HistoryTexas Legislature Online
- Bill Analysis, SB 310 (as introduced)Texas Legislature Online
- Texas Election Code, Chapter 172 (Sec. 172.003 and 172.004)Texas Legislature
- Federal judge pauses Texas GOP effort to close primary electionsFOX 4 Dallas-Fort Worth
- Resolution to Officially Oppose Ranked Choice Voting Across the CountryRepublican National Committee