Texas 2019 - 86th Regular

Texas House Bill HB4128 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R6023 ATP-D
2	2	By: Swanson H.B. No. 4128
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the required vote by a presidential elector and related
8	8	procedures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 192.004, Election Code,
11	11	is amended to read as follows:
12	12	Sec. 192.004. ELECTOR CANDIDATE WITHDRAWAL [VACANCY].
13	13	SECTION 2. Section 192.006(b), Election Code, is amended to
14	14	read as follows:
15	15	(b) The secretary of state shall arrange for the meeting
16	16	place, notify the electors, and call the meeting to order. [The
17	17	secretary shall act as temporary chair of the meeting until the
18	18	electors elect a chair from among themselves.]
19	19	SECTION 3. The heading to Subchapter C, Chapter 192,
20	20	Election Code, is amended to read as follows:
21	21	SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF PRESIDENTIAL
22	22	AND VICE-PRESIDENTIAL CANDIDATES; CERTIFICATION OF ABILITY TO
23	23	SERVE
24	24	SECTION 4. Subchapter C, Chapter 192, Election Code, is
25	25	amended by adding Section 192.065 to read as follows:
26	26	Sec. 192.065. CERTIFICATION OF ABILITY TO SERVE BY WINNING
27	27	CANDIDATE; AFFIRMATION OR DENIAL BY ELECTORS. (a) The candidates
28	28	for president and vice president who received the most votes in this
29	29	state in the general presidential election, or a legal
30	30	representative of such a candidate, shall certify not later than
31	31	the seventh day before the meeting of electors that the candidate is
32	32	willing and able to serve in the position for which the candidate
33	33	was elected.
34	34	(b) At the meeting of electors, the electors shall first
35	35	vote to affirm or deny the certification made under Subsection (a).
36	36	If a majority of electors vote to deny the certification that the
37	37	candidate is willing and able to serve, Subchapter D does not apply
38	38	to that meeting of electors with respect to the candidate for which
39	39	the certification was denied.
40	40	(c) If before the meeting of electors a candidate fails to
41	41	certify that the candidate is willing and able to serve as provided
42	42	by Subsection (a), the electors shall first vote on the issue of
43	43	whether each candidate is willing and able to serve in the position
44	44	for which the candidate was elected. If a majority of electors vote
45	45	that the candidate is not willing or able to serve in the position
46	46	for which the candidate was elected, Subchapter D does not apply to
47	47	that meeting of electors with respect to that candidate.
48	48	SECTION 5. Chapter 192, Election Code, is amended by adding
49	49	Subchapter D to read as follows:
50	50	SUBCHAPTER D. REQUIRED ACTION BY PRESIDENTIAL ELECTORS;
51	51	REPLACEMENT OF ELECTOR
52	52	Sec. 192.101. DESIGNATION OF STATE'S ELECTORS. For each
53	53	elector position in this state, a political party nominating a
54	54	presidential candidate, or an independent presidential candidate,
55	55	shall submit to the secretary of state the names of two qualified
56	56	individuals. One of the individuals must be designated "elector
57	57	nominee" and the other "alternate elector nominee." Except as
58	58	otherwise provided in Sections 192.103 and 192.104, this state's
59	59	electors are the winning elector nominees under the laws of this
60	60	state.
61	61	Sec. 192.102. OATH. (a) Not later than the seventh day
62	62	before the meeting of electors, each elector nominee and alternate
63	63	elector nominee of a political party shall execute the following
64	64	oath: "If selected for the position of elector, I swear to serve and
65	65	to mark my ballots for president and vice president for the nominees
66	66	for those offices of the party that nominated me."
67	67	(b) Not later than the seventh day before the meeting of
68	68	electors, each elector nominee and alternate elector nominee of an
69	69	independent presidential candidate shall execute the following
70	70	oath: "If selected for the position of elector as a nominee of an
71	71	independent presidential candidate, I swear to serve and to mark my
72	72	ballots for that candidate and for that candidate's
73	73	vice-presidential running mate."
74	74	(c) The executed oaths must accompany the submission of the
75	75	corresponding names to the secretary of state.
76	76	Sec. 192.103. PRESIDING OFFICER; ELECTOR VACANCY. (a) The
77	77	secretary of state shall preside at the meeting of electors
78	78	described in Section 192.104.
79	79	(b) The position of an elector who is not present to vote or
80	80	who has failed to execute the oath under Section 192.102 is vacant.
81	81	The secretary of state shall appoint an individual as a substitute
82	82	elector to fill a vacancy as follows:
83	83	(1) if the alternate elector is present to vote, by
84	84	appointing the alternate elector for the vacant position;
85	85	(2) if the alternate elector for the vacant position
86	86	is not present to vote, by appointing an elector chosen by lot from
87	87	among the alternate electors present to vote who were nominated by
88	88	the same political party or independent presidential candidate;
89	89	(3) if the number of alternate electors present to
90	90	vote is insufficient to fill any vacant position under Subdivisions
91	91	(1) and (2), by appointing any immediately available individual who
92	92	is qualified to serve as an elector and chosen through nomination by
93	93	and plurality vote of the remaining electors, including nomination
94	94	and vote by a single elector if only one remains;
95	95	(4) if there is a tie between at least two nominees for
96	96	substitute elector in a vote conducted under Subdivision (3), by
97	97	appointing an elector chosen by lot from among those nominees; or
98	98	(5) if all elector positions are vacant and cannot be
99	99	filled under Subdivisions (1) through (4), by appointing a single
100	100	presidential elector, with remaining vacant positions to be filled
101	101	under Subdivision (3) and, if necessary, Subdivision (4).
102	102	(c) To qualify as a substitute elector under Subsection (b),
103	103	an individual who has not executed the oath required under Section
104	104	192.102 shall execute the following oath: "I swear to serve and to
105	105	mark my ballots for president and vice president consistent with
106	106	the oath of the individual to whose elector position I have
107	107	succeeded."
108	108	Sec. 192.104. ELECTOR VOTING. (a) At the time designated
109	109	for elector voting and after all vacant positions have been filled
110	110	under Section 192.103, the secretary of state shall provide each
111	111	elector with a presidential and a vice-presidential ballot. The
112	112	elector shall mark the elector's presidential and
113	113	vice-presidential ballots with the elector's votes for the offices
114	114	of president and vice president, respectively, along with the
115	115	elector's signature and the elector's legibly printed name.
116	116	(b) Except as otherwise provided by law of this state other
117	117	than this subchapter, each elector shall present both completed
118	118	ballots to the secretary of state. The secretary of state shall
119	119	examine the ballots, read each vote publicly, and accept as cast all
120	120	ballots of electors whose votes are consistent with their oaths
121	121	executed under Section 192.102 or 192.103(c). Except as otherwise
122	122	provided by law, the secretary of state may not accept and may not
123	123	count either an elector's presidential or vice-presidential ballot
124	124	if the elector has not marked both ballots or has marked a ballot in
125	125	violation of the elector's oath.
126	126	(c) An elector who refuses to present a ballot, presents an
127	127	unmarked ballot, or presents a ballot marked in violation of the
128	128	elector's oath executed under Section 192.102 or 192.103(c) vacates
129	129	the office of elector, creating a vacant position to be filled under
130	130	Section 192.103.
131	131	(d) The secretary of state shall distribute ballots to and
132	132	collect ballots from a substitute elector and repeat the process
133	133	under this section of examining ballots, publicly reading the
134	134	votes, declaring and filling vacant positions as required, and
135	135	recording appropriately completed ballots from the substituted
136	136	electors, until all of this state's electoral votes have been cast
137	137	and recorded.
138	138	SECTION 6. The following provisions of the Election Code
139	139	are repealed:
140	140	(1) Sections 192.004(b), (c), and (d);
141	141	(2) Section 192.006(c); and
142	142	(3) Section 192.007.
143	143	SECTION 7. This Act takes effect immediately if it receives
144	144	a vote of two-thirds of all the members elected to each house, as
145	145	provided by Section 39, Article III, Texas Constitution. If this
146	146	Act does not receive the vote necessary for immediate effect, this
147	147	Act takes effect September 1, 2019.