The parties have argued policy reasons for and against an election by secret ballot. Article IV, section 3 of the Constitution provides for the election of certain executive officers by the Legislature in the event of a tie in the popular vote. We express no opinion whether that vote could be by secret ballot if the tie was in the election for Lieutenant Governor. We are confident that the district court will comply. If it does not, the Clerk shall issue a writ of mandamus immediately thereafter.
All statutory references are to the Texas Government Code.
XVI, 40. 4. See also Tex. Code 551.102. 5. See also Tex. There are two provisions in article IV labeled section 16, both proposed by the 76th Legislature and ratified by the people in November 1999.