86R6023 ATP-D
By: Swanson H.B. No. 4128
A BILL TO BE ENTITLED
AN ACT
relating to the required vote by a presidential elector and related
procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 192.004, Election Code,
is amended to read as follows:
Sec. 192.004. ELECTOR CANDIDATE WITHDRAWAL [VACANCY].
SECTION 2. Section 192.006(b), Election Code, is amended to
read as follows:
(b) The secretary of state shall arrange for the meeting
place, notify the electors, and call the meeting to order. [The
secretary shall act as temporary chair of the meeting until the
electors elect a chair from among themselves.]
SECTION 3. The heading to Subchapter C, Chapter 192,
Election Code, is amended to read as follows:
SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF PRESIDENTIAL
AND VICE-PRESIDENTIAL CANDIDATES; CERTIFICATION OF ABILITY TO
SERVE
SECTION 4. Subchapter C, Chapter 192, Election Code, is
amended by adding Section 192.065 to read as follows:
Sec. 192.065. CERTIFICATION OF ABILITY TO SERVE BY WINNING
CANDIDATE; AFFIRMATION OR DENIAL BY ELECTORS. (a) The candidates
for president and vice president who received the most votes in this
state in the general presidential election, or a legal
representative of such a candidate, shall certify not later than
the seventh day before the meeting of electors that the candidate is
willing and able to serve in the position for which the candidate
was elected.
(b) At the meeting of electors, the electors shall first
vote to affirm or deny the certification made under Subsection (a).
If a majority of electors vote to deny the certification that the
candidate is willing and able to serve, Subchapter D does not apply
to that meeting of electors with respect to the candidate for which
the certification was denied.
(c) If before the meeting of electors a candidate fails to
certify that the candidate is willing and able to serve as provided
by Subsection (a), the electors shall first vote on the issue of
whether each candidate is willing and able to serve in the position
for which the candidate was elected. If a majority of electors vote
that the candidate is not willing or able to serve in the position
for which the candidate was elected, Subchapter D does not apply to
that meeting of electors with respect to that candidate.
SECTION 5. Chapter 192, Election Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. REQUIRED ACTION BY PRESIDENTIAL ELECTORS;
REPLACEMENT OF ELECTOR
Sec. 192.101. DESIGNATION OF STATE'S ELECTORS. For each
elector position in this state, a political party nominating a
presidential candidate, or an independent presidential candidate,
shall submit to the secretary of state the names of two qualified
individuals. One of the individuals must be designated "elector
nominee" and the other "alternate elector nominee." Except as
otherwise provided in Sections 192.103 and 192.104, this state's
electors are the winning elector nominees under the laws of this
state.
Sec. 192.102. OATH. (a) Not later than the seventh day
before the meeting of electors, each elector nominee and alternate
elector nominee of a political party shall execute the following
oath: "If selected for the position of elector, I swear to serve and
to mark my ballots for president and vice president for the nominees
for those offices of the party that nominated me."
(b) Not later than the seventh day before the meeting of
electors, each elector nominee and alternate elector nominee of an
independent presidential candidate shall execute the following
oath: "If selected for the position of elector as a nominee of an
independent presidential candidate, I swear to serve and to mark my
ballots for that candidate and for that candidate's
vice-presidential running mate."
(c) The executed oaths must accompany the submission of the
corresponding names to the secretary of state.
Sec. 192.103. PRESIDING OFFICER; ELECTOR VACANCY. (a) The
secretary of state shall preside at the meeting of electors
described in Section 192.104.
(b) The position of an elector who is not present to vote or
who has failed to execute the oath under Section 192.102 is vacant.
The secretary of state shall appoint an individual as a substitute
elector to fill a vacancy as follows:
(1) if the alternate elector is present to vote, by
appointing the alternate elector for the vacant position;
(2) if the alternate elector for the vacant position
is not present to vote, by appointing an elector chosen by lot from
among the alternate electors present to vote who were nominated by
the same political party or independent presidential candidate;
(3) if the number of alternate electors present to
vote is insufficient to fill any vacant position under Subdivisions
(1) and (2), by appointing any immediately available individual who
is qualified to serve as an elector and chosen through nomination by
and plurality vote of the remaining electors, including nomination
and vote by a single elector if only one remains;
(4) if there is a tie between at least two nominees for
substitute elector in a vote conducted under Subdivision (3), by
appointing an elector chosen by lot from among those nominees; or
(5) if all elector positions are vacant and cannot be
filled under Subdivisions (1) through (4), by appointing a single
presidential elector, with remaining vacant positions to be filled
under Subdivision (3) and, if necessary, Subdivision (4).
(c) To qualify as a substitute elector under Subsection (b),
an individual who has not executed the oath required under Section
192.102 shall execute the following oath: "I swear to serve and to
mark my ballots for president and vice president consistent with
the oath of the individual to whose elector position I have
succeeded."
Sec. 192.104. ELECTOR VOTING. (a) At the time designated
for elector voting and after all vacant positions have been filled
under Section 192.103, the secretary of state shall provide each
elector with a presidential and a vice-presidential ballot. The
elector shall mark the elector's presidential and
vice-presidential ballots with the elector's votes for the offices
of president and vice president, respectively, along with the
elector's signature and the elector's legibly printed name.
(b) Except as otherwise provided by law of this state other
than this subchapter, each elector shall present both completed
ballots to the secretary of state. The secretary of state shall
examine the ballots, read each vote publicly, and accept as cast all
ballots of electors whose votes are consistent with their oaths
executed under Section 192.102 or 192.103(c). Except as otherwise
provided by law, the secretary of state may not accept and may not
count either an elector's presidential or vice-presidential ballot
if the elector has not marked both ballots or has marked a ballot in
violation of the elector's oath.
(c) An elector who refuses to present a ballot, presents an
unmarked ballot, or presents a ballot marked in violation of the
elector's oath executed under Section 192.102 or 192.103(c) vacates
the office of elector, creating a vacant position to be filled under
Section 192.103.
(d) The secretary of state shall distribute ballots to and
collect ballots from a substitute elector and repeat the process
under this section of examining ballots, publicly reading the
votes, declaring and filling vacant positions as required, and
recording appropriately completed ballots from the substituted
electors, until all of this state's electoral votes have been cast
and recorded.
SECTION 6. The following provisions of the Election Code
are repealed:
(1) Sections 192.004(b), (c), and (d);
(2) Section 192.006(c); and
(3) Section 192.007.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.