| 1 | 1 | | 85R23180 ATP-D |
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| 2 | 2 | | By: Fallon, Raney, Murr H.B. No. 1391 |
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| 3 | 3 | | Substitute the following for H.B. No. 1391: |
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| 4 | 4 | | By: Larson C.S.H.B. No. 1391 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to requiring a presidential elector to vote for the |
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| 10 | 10 | | candidates for president and vice president who won the popular |
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| 11 | 11 | | vote in this state for those offices. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 192.003, Election Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. To |
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| 16 | 16 | | become a presidential elector candidate or alternate elector, a |
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| 17 | 17 | | person must be nominated as a political party's elector candidate |
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| 18 | 18 | | or alternate elector in accordance with party rules or named as an |
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| 19 | 19 | | elector candidate or alternate elector by an independent or |
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| 20 | 20 | | write-in candidate for president. |
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| 21 | 21 | | SECTION 2. Section 192.006, Election Code, is amended by |
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| 22 | 22 | | amending Subsection (a) and adding Subsection (d) to read as |
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| 23 | 23 | | follows: |
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| 24 | 24 | | (a) The electors and alternate electors shall convene at the |
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| 25 | 25 | | State Capitol at 2 p.m. on the first Monday after the second |
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| 26 | 26 | | Wednesday in December following their election and shall perform |
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| 27 | 27 | | their duties as prescribed by federal law. |
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| 28 | 28 | | (d) An elector must cast a ballot for a candidate for |
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| 29 | 29 | | president or vice-president that corresponds to the candidates who |
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| 30 | 30 | | received the most votes cast in this state for those offices. An |
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| 31 | 31 | | attempt to cast a ballot in a manner other than the manner required |
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| 32 | 32 | | by this subsection: |
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| 33 | 33 | | (1) is not valid and is not considered a vote cast by |
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| 34 | 34 | | an elector; and |
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| 35 | 35 | | (2) creates a vacancy in the position of the elector |
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| 36 | 36 | | attempting to cast the ballot. |
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| 37 | 37 | | SECTION 3. Section 192.007, Election Code, is amended by |
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| 38 | 38 | | adding Subsection (c) to read as follows: |
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| 39 | 39 | | (c) A replacement elector for a vacancy created under |
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| 40 | 40 | | Section 192.006(d)(2) must be from the list of alternate electors |
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| 41 | 41 | | described by Section 192.031(c) or 192.032(i). |
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| 42 | 42 | | SECTION 4. Section 192.008(a), Election Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | (a) In performing their official duties, presidential |
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| 45 | 45 | | electors and alternate electors are entitled to the same allowances |
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| 46 | 46 | | for travel expenses as those granted to state employees. |
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| 47 | 47 | | SECTION 5. Section 192.031, Election Code, is amended by |
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| 48 | 48 | | adding Subsection (c) to read as follows: |
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| 49 | 49 | | (c) The party's state chair may provide a list of alternate |
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| 50 | 50 | | electors for a vacancy created under Section 192.006(d)(2) in a |
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| 51 | 51 | | number not to exceed the number of electors described by Subsection |
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| 52 | 52 | | (a)(2)(B). |
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| 53 | 53 | | SECTION 6. Section 192.032, Election Code, is amended by |
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| 54 | 54 | | adding Subsection (i) to read as follows: |
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| 55 | 55 | | (i) An independent candidate may provide a list of alternate |
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| 56 | 56 | | electors for a vacancy created under Section 192.006(d)(2) in a |
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| 57 | 57 | | number not to exceed the number of electors described by Subsection |
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| 58 | 58 | | (b)(2). |
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| 59 | 59 | | SECTION 7. This Act takes effect September 1, 2017. |
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