Texas 2021 - 87th Regular

Texas House Bill HB1375 Compare Versions

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11 87R5074 JON-F
22 By: Crockett H.B. No. 1375
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the selection of presidential electors.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 192.002(a), Election Code, is amended to
1010 read as follows:
1111 (a) To be eligible to serve as a presidential elector, a
1212 person must:
1313 (1) be a qualified voter of this state;
1414 (2) be a resident of the congressional district the
1515 person is chosen to represent, if the person is an elector
1616 designated under Section 192.003(b)(2); and
1717 (3) [(2)] not hold the office of United States
1818 senator, United States representative, or any other federal office
1919 of profit or trust.
2020 SECTION 2. Section 192.003, Election Code, is amended to
2121 read as follows:
2222 Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. (a)
2323 To become a presidential elector candidate, a person must be
2424 nominated as a political party's elector candidate in accordance
2525 with party rules or named as an elector candidate by an independent
2626 or write-in candidate for president.
2727 (b) The presidential elector candidates must be designated
2828 as follows:
2929 (1) two persons to serve as at-large electors from the
3030 state; and
3131 (2) one person to serve as an elector from each
3232 congressional district.
3333 SECTION 3. Section 192.005, Election Code, is amended to
3434 read as follows:
3535 Sec. 192.005. VOTE REQUIRED FOR ELECTION. An elector
3636 candidate is elected if:
3737 (1) for the persons designated under Section
3838 192.003(b)(1), the candidates for president and vice-president
3939 that correspond to the electors receive the most votes in the state;
4040 and
4141 (2) for a person designated under Section
4242 192.003(b)(2), the candidates for president and vice-president
4343 that correspond to the elector receive the most votes in the
4444 congressional district the elector represents [The set of elector
4545 candidates that is elected is the one that corresponds to the
4646 candidates for president and vice-president receiving the most
4747 votes].
4848 SECTION 4. Section 192.007, Election Code, is amended to
4949 read as follows:
5050 Sec. 192.007. REPLACEMENT AFTER ELECTION. (a) The
5151 electors meeting to vote for president and vice-president may
5252 appoint a replacement elector as provided by Subsection (b) [by a
5353 majority vote of the qualified electors present] if:
5454 (1) the vacancy occurred before presidential election
5555 day and a replacement was not chosen under Section 192.004;
5656 (2) on or after presidential election day, an elector
5757 is declared ineligible or dies; or
5858 (3) the vacancy is declared under Section 192.006(c).
5959 (b) A replacement elector is chosen by the majority vote of
6060 the qualified electors present that correspond to the same
6161 candidates for president and vice-president that received the most
6262 votes in the area for which the replacement elector is chosen. If
6363 there are no qualified electors present that correspond to the same
6464 candidates for president and vice-president that received the most
6565 votes in the area for which the replacement elector is chosen, a
6666 replacement elector is chosen by the majority vote of all the
6767 qualified electors present.
6868 (c) The chair of the electors shall notify the secretary of
6969 state of the name and residence address of a replacement elector
7070 immediately on the replacement's appointment.
7171 SECTION 5. This Act takes effect September 1, 2021.