Texas 2017 - 85th Regular

Texas House Bill HB543 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	85R19839 ATP-F
2	2	By: Raney, Cook, Parker, Ashby, Fallon, H.B. No. 543
3	3	et al.
4	4	Substitute the following for H.B. No. 543:
5	5	By: Fallon C.S.H.B. No. 543
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the required vote by a presidential elector.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 192.002(a), Election Code, is amended to
13	13	read as follows:
14	14	(a) To be eligible to serve as a presidential elector, a
15	15	person must:
16	16	(1) be a qualified voter of this state; [and]
17	17	(2) not hold the office of United States senator,
18	18	United States representative, or any other federal office of profit
19	19	or trust; and
20	20	(3) meet all other eligibility requirements provided
21	21	by this subchapter, and if representing a political party, by party
22	22	rules.
23	23	SECTION 2. Section 192.003, Election Code, is amended to
24	24	read as follows:
25	25	Sec. 192.003. METHOD OF BECOMING ELECTOR AND ALTERNATE
26	26	ELECTOR NOMINEE [CANDIDATE]. (a) For each presidential elector
27	27	position in this state, the state chair of a political party
28	28	contesting the position in accordance with this section and party
29	29	rules, or an independent or write-in candidate for president, shall
30	30	submit to the secretary of state the names of two qualified
31	31	individuals. One of the individuals must be designated "elector
32	32	nominee" and the other "alternate elector nominee."
33	33	(b) Each political party that holds a national presidential
34	34	nominating convention shall adopt rules providing for the selection
35	35	of elector nominees and alternate elector nominees. The rules
36	36	shall provide that a presidential nominee of that party, not later
37	37	than the close of the national presidential nominating convention,
38	38	shall provide a list of persons eligible for nomination as
39	39	alternate elector nominee to the state chair of a political party.
40	40	The state chair shall forward the names of these individuals to the
41	41	secretary of state as the party's nominees for alternate elector
42	42	nominee. If the presidential nominee does not timely provide the
43	43	list required by this section, the party rules shall provide an
44	44	alternate method of selection of alternate elector nominees, and
45	45	any vacancy shall be filled as prescribed by Section 192.004. [To
46	46	become a presidential elector candidate, a person must be nominated
47	47	as a political party's elector candidate in accordance with party
48	48	rules or named as an elector candidate by an independent or write-in
49	49	candidate for president.]
50	50	SECTION 3. Subchapter A, Chapter 192, Election Code, is
51	51	amended by adding Sections 192.0031 and 192.0032 to read as
52	52	follows:
53	53	Sec. 192.0031. PLEDGE. (a) If required by political party
54	54	rule, each elector nominee and alternate elector nominee of the
55	55	political party shall execute the following pledge before a notary:
56	56	"If selected for the position of elector, I agree to serve and to
57	57	mark my ballots for President and Vice President for the nominees
58	58	for those offices of the party that nominated me."
59	59	(b) Each elector nominee and alternate elector nominee of an
60	60	independent or write-in presidential candidate shall execute the
61	61	following pledge before a notary: "If selected for the position of
62	62	elector as a nominee of an independent or write-in presidential
63	63	candidate, I agree to serve and to mark my ballots for that
64	64	candidate and for that candidate's vice-presidential running
65	65	mate."
66	66	(c) The executed pledges, if required, must accompany the
67	67	submission of the corresponding names to the secretary of state.
68	68	Sec. 192.0032. CERTIFICATION OF ELECTORS. In submitting
69	69	this state's certificate of ascertainment as required by 3 U.S.C.
70	70	Section 6, the secretary of state shall certify this state's
71	71	electors and state in the certificate that:
72	72	(1) the electors will serve as electors unless a
73	73	vacancy occurs in the office of elector before the end of the
74	74	meeting at which elector votes are cast, in which case a substitute
75	75	elector will fill the vacancy; and
76	76	(2) if a substitute elector is appointed to fill a
77	77	vacancy, the secretary of state will submit an amended certificate
78	78	of ascertainment stating the names on the final list of this state's
79	79	electors.
80	80	SECTION 4. Section 192.004, Election Code, is amended to
81	81	read as follows:
82	82	Sec. 192.004. ELECTOR NOMINEE AND ALTERNATE ELECTOR NOMINEE
83	83	[CANDIDATE] VACANCY. (a) An elector nominee or alternate elector
84	84	nominee [candidate] may withdraw from the presidential election
85	85	before presidential election day, or if elected, may resign on or
86	86	after the presidential election day, by delivering written notice
87	87	of the withdrawal or resignation to:
88	88	(1) the secretary of state; and
89	89	(2) the state chair of the party that nominated the
90	90	elector nominee or alternate elector nominee [candidate] or to the
91	91	independent or write-in candidate for president who named the
92	92	elector nominee or alternate elector nominee [candidate].
93	93	(b) If an elector nominee or alternate elector nominee
94	94	[candidate] withdraws, dies, or is declared ineligible before
95	95	presidential election day, a replacement elector nominee or
96	96	alternate elector nominee [candidate] may be named by the party
97	97	that nominated the elector nominee or alternate elector nominee
98	98	[candidate] or by the independent or write-in candidate for
99	99	president who named the elector nominee or alternate elector
100	100	nominee [candidate].
101	101	(c) An independent or write-in candidate for president
102	102	naming a replacement elector nominee or alternate elector nominee
103	103	[candidate] must file with the secretary of state, before
104	104	presidential election day, the name and residence address of the
105	105	replacement nominee [candidate] and a written statement, signed by
106	106	the replacement nominee [candidate], that the person consents to be
107	107	a nominee, and the executed pledge if required under Section
108	108	192.0031 [candidate].
109	109	(d) If a political party's rules do not provide the manner
110	110	of choosing a replacement elector nominee or alternate elector
111	111	nominee [candidate], the party's state executive committee may
112	112	choose the replacement nominee [candidate]. The state chair of a
113	113	political party naming a replacement elector nominee or alternate
114	114	elector nominee [candidate] must file with the secretary of state,
115	115	before presidential election day, the name and residence address of
116	116	the replacement nominee, and the executed pledge if required under
117	117	Section 192.0031 [candidate].
118	118	SECTION 5. Section 192.005, Election Code, is amended to
119	119	read as follows:
120	120	Sec. 192.005. VOTE REQUIRED FOR ELECTION. The set of
121	121	elector nominees or alternate elector nominees [candidates] that is
122	122	elected is the one that corresponds to the candidates for president
123	123	and vice-president receiving the most votes.
124	124	SECTION 6. Section 192.006, Election Code, is amended by
125	125	adding Subsections (d) and (e) to read as follows:
126	126	(d) If an elector or alternate elector resigns, dies, or is
127	127	declared ineligible on or after presidential election day or if a
128	128	vacancy occurs at the meeting of electors, the secretary of state
129	129	shall appoint an individual as a substitute elector to fill that
130	130	vacancy as follows:
131	131	(1) if the alternate elector is present to vote, by
132	132	appointing the alternate elector for the vacant position;
133	133	(2) if the alternate elector for the vacant position
134	134	is not present to vote, by appointing an elector chosen by lot from
135	135	the alternate electors present to vote who were nominated by the
136	136	same political party or presidential candidate;
137	137	(3) if the number of alternate electors present to
138	138	vote is insufficient to fill any vacant position under Subdivisions
139	139	(1) and (2), by appointing any immediately available individual who
140	140	is qualified to serve as an elector and chosen through nomination by
141	141	and plurality vote of the remaining electors, including nomination
142	142	and vote by a single elector if only one remains;
143	143	(4) if there is a tie between at least two nominees for
144	144	substitute elector in a vote conducted under Subdivision (3), by
145	145	appointing an elector chosen by lot from among those nominees; or
146	146	(5) if all elector positions are vacant and cannot be
147	147	filled under Subdivisions (1) through (4), by appointing a single
148	148	presidential elector, with the remaining vacant positions to be
149	149	filled under Subdivision (3) and, if necessary, Subdivision (4).
150	150	(e) If required by political party rule, to qualify as a
151	151	substitute elector under Subsection (d), an individual who has not
152	152	executed the pledge under Section 192.0031 shall execute the
153	153	following pledge: "I agree to serve and to mark my ballots for
154	154	President and Vice President consistent with the pledge of the
155	155	individual to whose elector position I have succeeded."
156	156	SECTION 7. Subchapter A, Chapter 192, Election Code, is
157	157	amended by adding Section 192.0061 to read as follows:
158	158	Sec. 192.0061. ELECTOR VOTING. (a) At the time designated
159	159	for elector voting and after all vacant positions have been filled
160	160	under Section 192.006, the chair shall provide each elector with a
161	161	presidential and a vice-presidential ballot. The elector shall mark
162	162	the elector's presidential and vice-presidential ballots with the
163	163	elector's votes for the offices of president and vice-president,
164	164	respectively, along with the elector's signature and the elector's
165	165	legibly printed name.
166	166	(b) Each elector shall present both completed ballots to the
167	167	chair, who shall examine the ballots and accept as cast all ballots
168	168	of electors whose votes are consistent with the requirements of
169	169	this chapter, including any pledges required to be executed under
170	170	Section 192.0031 or 192.006(e).
171	171	(c) An elector who refuses to present a ballot, presents an
172	172	unmarked ballot, presents a ballot marked in violation of any
173	173	pledge executed by the elector under Section 192.0031 or
174	174	192.006(e), or refuses or otherwise fails to vote for the
175	175	candidates for president and vice-president receiving the most
176	176	votes in this state in the general election:
177	177	(1) is ineligible to serve;
178	178	(2) may never serve as an elector or alternate elector
179	179	in this state; and
180	180	(3) vacates the office of elector, creating a vacant
181	181	position to be filled under Section 192.006.
182	182	(d) The chair shall distribute ballots to and collect
183	183	ballots from a substitute elector and repeat the process under this
184	184	section of examining ballots, declaring and filling vacant
185	185	positions as required, and recording appropriately completed
186	186	ballots from the substituted electors, until all of this state's
187	187	electoral votes have been cast and recorded.
188	188	SECTION 8. Section 192.007, Election Code, is amended to
189	189	read as follows:
190	190	Sec. 192.007. ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES
191	191	[AFTER ELECTION]. (a) After the vote of this state's electors is
192	192	completed, if the final list of electors differs from any list that
193	193	the secretary of state previously included on a certificate of
194	194	ascertainment prepared and transmitted under 3 U.S.C. Section 6,
195	195	the secretary of state immediately shall prepare an amended
196	196	certificate of ascertainment and transmit it to the governor for
197	197	the governor's signature [The electors meeting to vote for
198	198	president and vice-president may appoint a replacement elector by a
199	199	majority vote of the qualified electors present if:
200	200	[(1) the vacancy occurred before presidential
201	201	election day and a replacement was not chosen under Section
202	202	192.004;
203	203	[(2) on or after presidential election day, an elector
204	204	is declared ineligible or dies; or
205	205	[(3) the vacancy is declared under Section
206	206	192.006(c)].
207	207	(b) The electors shall prepare a certificate of vote. The
208	208	electors on the final list shall sign the certificate. The electors
209	209	shall process and transmit the signed certificate with the amended
210	210	certificate of ascertainment under 3 U.S.C. Sections 9, 10, and 11
211	211	[chair of the electors shall notify the secretary of state of the
212	212	name and residence address of a replacement elector immediately on
213	213	the replacement's appointment].
214	214	SECTION 9. If any provision of this Act or its application
215	215	to any person or circumstance is held invalid, the invalidity does
216	216	not affect other provisions or applications of this Act that can be
217	217	given effect without the invalid provision or application, and to
218	218	this end the provisions of this Act are declared to be severable.
219	219	SECTION 10. This Act takes effect September 1, 2017.