1 | 1 | | 87R5074 JON-F |
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2 | 2 | | By: Crockett H.B. No. 1375 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the selection of presidential electors. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 192.002(a), Election Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | (a) To be eligible to serve as a presidential elector, a |
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12 | 12 | | person must: |
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13 | 13 | | (1) be a qualified voter of this state; |
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14 | 14 | | (2) be a resident of the congressional district the |
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15 | 15 | | person is chosen to represent, if the person is an elector |
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16 | 16 | | designated under Section 192.003(b)(2); and |
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17 | 17 | | (3) [(2)] not hold the office of United States |
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18 | 18 | | senator, United States representative, or any other federal office |
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19 | 19 | | of profit or trust. |
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20 | 20 | | SECTION 2. Section 192.003, Election Code, is amended to |
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21 | 21 | | read as follows: |
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22 | 22 | | Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. (a) |
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23 | 23 | | To become a presidential elector candidate, a person must be |
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24 | 24 | | nominated as a political party's elector candidate in accordance |
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25 | 25 | | with party rules or named as an elector candidate by an independent |
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26 | 26 | | or write-in candidate for president. |
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27 | 27 | | (b) The presidential elector candidates must be designated |
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28 | 28 | | as follows: |
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29 | 29 | | (1) two persons to serve as at-large electors from the |
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30 | 30 | | state; and |
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31 | 31 | | (2) one person to serve as an elector from each |
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32 | 32 | | congressional district. |
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33 | 33 | | SECTION 3. Section 192.005, Election Code, is amended to |
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34 | 34 | | read as follows: |
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35 | 35 | | Sec. 192.005. VOTE REQUIRED FOR ELECTION. An elector |
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36 | 36 | | candidate is elected if: |
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37 | 37 | | (1) for the persons designated under Section |
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38 | 38 | | 192.003(b)(1), the candidates for president and vice-president |
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39 | 39 | | that correspond to the electors receive the most votes in the state; |
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40 | 40 | | and |
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41 | 41 | | (2) for a person designated under Section |
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42 | 42 | | 192.003(b)(2), the candidates for president and vice-president |
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43 | 43 | | that correspond to the elector receive the most votes in the |
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44 | 44 | | congressional district the elector represents [The set of elector |
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45 | 45 | | candidates that is elected is the one that corresponds to the |
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46 | 46 | | candidates for president and vice-president receiving the most |
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47 | 47 | | votes]. |
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48 | 48 | | SECTION 4. Section 192.007, Election Code, is amended to |
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49 | 49 | | read as follows: |
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50 | 50 | | Sec. 192.007. REPLACEMENT AFTER ELECTION. (a) The |
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51 | 51 | | electors meeting to vote for president and vice-president may |
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52 | 52 | | appoint a replacement elector as provided by Subsection (b) [by a |
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53 | 53 | | majority vote of the qualified electors present] if: |
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54 | 54 | | (1) the vacancy occurred before presidential election |
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55 | 55 | | day and a replacement was not chosen under Section 192.004; |
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56 | 56 | | (2) on or after presidential election day, an elector |
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57 | 57 | | is declared ineligible or dies; or |
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58 | 58 | | (3) the vacancy is declared under Section 192.006(c). |
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59 | 59 | | (b) A replacement elector is chosen by the majority vote of |
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60 | 60 | | the qualified electors present that correspond to the same |
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61 | 61 | | candidates for president and vice-president that received the most |
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62 | 62 | | votes in the area for which the replacement elector is chosen. If |
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63 | 63 | | there are no qualified electors present that correspond to the same |
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64 | 64 | | candidates for president and vice-president that received the most |
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65 | 65 | | votes in the area for which the replacement elector is chosen, a |
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66 | 66 | | replacement elector is chosen by the majority vote of all the |
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67 | 67 | | qualified electors present. |
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68 | 68 | | (c) The chair of the electors shall notify the secretary of |
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69 | 69 | | state of the name and residence address of a replacement elector |
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70 | 70 | | immediately on the replacement's appointment. |
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71 | 71 | | SECTION 5. This Act takes effect September 1, 2021. |
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