Texas Senate Bill SB394

Texas 2017 - 85th Regular

• Filed: 12/21/16

Caption

Relating to the required vote by a presidential elector; providing a civil penalty.

Impact

This legislation introduces civil penalties for electors who fail to comply with the mandated voting requirements. Specifically, an elector who does not vote for the designated candidates may incur a penalty of $5,000. Furthermore, those who violate this law would be disqualified from serving as electors in all subsequent elections, thereby instilling a sense of accountability among those entrusted with such responsibilities. This could enhance the integrity of the electoral process within Texas.

Summary

SB394 proposes to amend the Texas Election Code to establish a required voting protocol for presidential electors. The bill specifies that electors must vote for the candidates receiving the most votes in the general election for state and county officers, thus reinforcing the principle of reflecting the will of the voters. This may prevent divergences from established electoral outcomes by imposing clear obligations on electors regarding their voting behavior during meetings.

Contention

While the bill seeks to fortify the democratic process by ensuring electors adhere to the popular vote, it may face scrutiny regarding its implications on individual electors' autonomy. Critics may argue that imposing such mandatory voting requirements and penalties could infringe upon the rights of electors to vote according to their judgment, particularly in scenarios where they may feel a conflict between their duty and their personal beliefs. This tension might fuel ongoing debates regarding the balance between electoral integrity and personal discretion.