| 1 | 1 | | 85R5567 GRM-D |
|---|
| 2 | 2 | | By: Bettencourt, Nichols S.B. No. 412 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to requiring a presidential elector to vote for the |
|---|
| 8 | 8 | | candidates for president and vice president who won the popular |
|---|
| 9 | 9 | | vote in this state for those offices. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 192.003, Election Code, is amended to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. To |
|---|
| 14 | 14 | | become a presidential elector candidate or alternate elector, a |
|---|
| 15 | 15 | | person must be nominated as a political party's elector candidate |
|---|
| 16 | 16 | | or alternate elector in accordance with party rules or named as an |
|---|
| 17 | 17 | | elector candidate or alternate elector by an independent or |
|---|
| 18 | 18 | | write-in candidate for president. |
|---|
| 19 | 19 | | SECTION 2. Section 192.006, Election Code, is amended by |
|---|
| 20 | 20 | | amending Subsection (a) and adding Subsection (d) to read as |
|---|
| 21 | 21 | | follows: |
|---|
| 22 | 22 | | (a) The electors and alternate electors shall convene at the |
|---|
| 23 | 23 | | State Capitol at 2 p.m. on the first Monday after the second |
|---|
| 24 | 24 | | Wednesday in December following their election and shall perform |
|---|
| 25 | 25 | | their duties as prescribed by federal law. |
|---|
| 26 | 26 | | (d) An elector must cast a ballot for a candidate for |
|---|
| 27 | 27 | | president or vice-president that corresponds to the candidates who |
|---|
| 28 | 28 | | received the most votes cast in this state for those offices. An |
|---|
| 29 | 29 | | attempt to cast a ballot in a manner other than the manner required |
|---|
| 30 | 30 | | by this subsection: |
|---|
| 31 | 31 | | (1) is not valid and is not considered a vote cast by |
|---|
| 32 | 32 | | an elector; and |
|---|
| 33 | 33 | | (2) creates a vacancy in the position of the elector |
|---|
| 34 | 34 | | attempting to cast the ballot. |
|---|
| 35 | 35 | | SECTION 3. Section 192.007, Election Code, is amended by |
|---|
| 36 | 36 | | adding Subsection (c) to read as follows: |
|---|
| 37 | 37 | | (c) A replacement elector for a vacancy created under |
|---|
| 38 | 38 | | Section 192.006(d)(2) must be from the list of alternate electors |
|---|
| 39 | 39 | | described by Section 192.031(c) or 192.032(i). |
|---|
| 40 | 40 | | SECTION 4. Section 192.008(a), Election Code, is amended to |
|---|
| 41 | 41 | | read as follows: |
|---|
| 42 | 42 | | (a) In performing their official duties, presidential |
|---|
| 43 | 43 | | electors and alternate electors are entitled to the same allowances |
|---|
| 44 | 44 | | for travel expenses as those granted to state employees. |
|---|
| 45 | 45 | | SECTION 5. Section 192.031, Election Code, is amended by |
|---|
| 46 | 46 | | adding Subsection (c) to read as follows: |
|---|
| 47 | 47 | | (c) The party's state chair may provide a list of alternate |
|---|
| 48 | 48 | | electors for a vacancy created under Section 192.006(d)(2) in a |
|---|
| 49 | 49 | | number not to exceed the number of electors described by Subsection |
|---|
| 50 | 50 | | (a)(2)(B). |
|---|
| 51 | 51 | | SECTION 6. Section 192.032, Election Code, is amended by |
|---|
| 52 | 52 | | adding Subsection (i) to read as follows: |
|---|
| 53 | 53 | | (i) An independent candidate may provide a list of alternate |
|---|
| 54 | 54 | | electors for a vacancy created under Section 192.006(d)(2) in a |
|---|
| 55 | 55 | | number not to exceed the number of electors described by Subsection |
|---|
| 56 | 56 | | (b)(2) of this section. |
|---|
| 57 | 57 | | SECTION 7. This Act takes effect September 1, 2017. |
|---|