Texas Senate Bill SB412

Texas 2017 - 85th Regular

Caption

Relating to requiring a presidential elector to vote for the candidates for president and vice president who won the popular vote in this state for those offices.

Impact

The implications of SB412 are profound. If enacted, it would amend various sections of the Texas Election Code, notably Sections 192.003 to 192.032. The key change, outlined in the amendments, states that an elector's attempt to vote against the prevailing popular vote would be considered invalid, resulting in their vacancy. This introduces a mechanism that could compel electors to adhere strictly to the election results, reinforcing the connection between the public's vote and the subsequent electoral decision-making process.

Summary

SB412 proposes a significant change to the way presidential electors in Texas cast their votes. The bill mandates that electors must vote for the presidential and vice-presidential candidates who won the statewide popular vote. This change aims to ensure that the Electoral College reflects the preference of the voters in Texas, aligning the actions of electors with the democratic will of the electorate. Previously, electors could vote contrary to the popular vote, leading to potential discrepancies between popular sentiment and electoral outcomes.

Contention

Notably, the bill may face contention from those who argue that it infringes upon the traditional powers of electors, which some see as a vital component of the U.S. democratic framework. Critics might contend that electors should retain discretion in their voting to represent broader criteria beyond just the popular vote, while supporters argue that aligning electoral votes with popular outcomes is necessary for restoring public trust in the electoral system. The debate around SB412 encapsulates broader concerns about electoral integrity and the role of electors in representing their states.

Last_action

SB412 was last referred to the State Affairs Committee on February 1, 2017.