87R2863 JON-D
By: Murr H.B. No. 1160
A BILL TO BE ENTITLED
AN ACT
relating to the replacement of a presidential or vice-presidential
candidate in the event of the candidate's withdrawal, death, or
ineligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 192, Election Code, is
amended by adding Section 192.009 to read as follows:
Sec. 192.009. REPLACEMENT NOMINEE. An elector shall
consider a replacement candidate certified under Subchapter C to be
the presidential or vice-presidential candidate for whom the
elector is the corresponding presidential elector candidate.
SECTION 2. Section 192.062(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall certify in writing [for
placement on the ballot] the name of a political party's
replacement nominee for president or vice-president of the United
States as follows [if]:
(1) for placement on the ballot for an [the] original
nominee who withdraws, dies, or is declared ineligible on or before
the 74th day before presidential election day if [; and
[(2)] the party's state chair delivers certification of
the replacement nominee's name, signed by the state chair, to the
secretary of state not later than 5 p.m. of the 71st day before
presidential election day; or
(2) to the nominating party's presidential elector
candidates for an original nominee who withdraws, dies, or is
declared ineligible after the 74th day before presidential election
day if the party's state chair delivers certification of the
replacement nominee's name, signed by the state chair, to the
secretary of state not later than 2 p.m. on the Monday after the
second Wednesday in December of a presidential election year.
SECTION 3. Section 192.064(a), Election Code, is amended to
read as follows:
(a) The secretary of state shall certify in writing [for
placement on the ballot] the name of a replacement
vice-presidential running mate for an independent candidate for
president of the United States as follows [if]:
(1) for placement on the ballot for an [the] original
running mate who withdraws, dies, or is declared ineligible on or
before the 74th day before presidential election day if [; and
[(2)] the independent presidential candidate delivers
certification of the replacement running mate's name, signed by the
presidential candidate, to the secretary of state not later than 5
p.m. of the 71st day before presidential election day; or
(2) to the presidential candidate's corresponding
presidential elector candidates for an original running mate who
withdraws, dies, or is declared ineligible after the 74th day
before presidential election day if the independent presidential
candidate delivers certification of the replacement running mate's
name, signed by the presidential candidate, to the secretary of
state not later than 2 p.m. on the Monday after the second Wednesday
in December of a presidential election year.
SECTION 4. This Act takes effect September 1, 2021.