Texas House Bill HB771

Texas 2017 - 85th Regular

• Filed: 12/28/16

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 impact of HB 771 on state laws lies in its demand for adherence to the popular vote, thereby altering the traditional role of electors who currently have the discretion to vote differently than the popular outcome. If enacted, the bill would amend sections of the Texas Election Code to stipulate that any deviation from voting according to the popular vote would render the elector's vote invalid and create a vacancy for that elector. This move is seen as enhancing voter confidence in the electoral process and promoting a more democratic approach to how electoral votes are allocated.

Summary

House Bill 771 mandates that presidential electors in Texas vote for the candidates who secured the popular vote in the state for the offices of president and vice president. This legislation aims to ensure that the electoral votes cast by Texas electors align with the democratic will of the state's voters as expressed during the election. The bill is intended to reinforce the principle of electoral accountability, ensuring that electors are not free to vote for candidates of their choice when such a choice contradicts the popular vote outcome in Texas.

Contention

Notably, the bill has stirred discussions around the appropriateness of restricting electors' voting autonomy. Proponents argue that it addresses concerns about potential discrepancies between the popular vote and the electoral vote, thereby restoring public trust in elections. However, critics express concerns regarding the undermining of the electors' role, highlighting that electors are meant to act as a safeguard against mob rule and that absolute adherence to the popular vote may not consider other important factors that could influence candidate selection. This debate touches on fundamental questions about the design and intent of the Electoral College within the American political system.