Texas 2021 - 87th 1st C.S.

Texas House Bill HB197 Compare Versions

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11 By: Crockett H.B. No. 197
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the selection of presidential electors.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Section 192.002(a), Election Code, is amended to
99 read as follows:
1010 (a) To be eligible to serve as a presidential elector, a
1111 person must:
1212 (1) be a qualified voter of this state;
1313 (2) be a resident of the congressional district the
1414 person is chosen to represent, if the person is an elector
1515 designated under Section 192.003(b)(2); and
1616 (3) [(2)] not hold the office of United States
1717 senator, United States representative, or any other federal office
1818 of profit or trust.
1919 SECTION 2. Section 192.003, Election Code, is amended to
2020 read as follows:
2121 Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. (a)
2222 To become a presidential elector candidate, a person must be
2323 nominated as a political party's elector candidate in accordance
2424 with party rules or named as an elector candidate by an independent
2525 or write-in candidate for president.
2626 (b) The presidential elector candidates must be designated
2727 as follows:
2828 (1) two persons to serve as at-large electors from the
2929 state; and
3030 (2) one person to serve as an elector from each
3131 congressional district.
3232 SECTION 3. Section 192.005, Election Code, is amended to
3333 read as follows:
3434 Sec. 192.005. VOTE REQUIRED FOR ELECTION. An elector
3535 candidate is elected if:
3636 (1) for the persons designated under Section
3737 192.003(b)(1), the candidates for president and vice-president
3838 that correspond to the electors receive the most votes in the state;
3939 and
4040 (2) for a person designated under Section
4141 192.003(b)(2), the candidates for president and vice-president
4242 that correspond to the elector receive the most votes in the
4343 congressional district the elector represents [The set of elector
4444 candidates that is elected is the one that corresponds to the
4545 candidates for president and vice-president receiving the most
4646 votes].
4747 SECTION 4. Section 192.007, Election Code, is amended to
4848 read as follows:
4949 Sec. 192.007. REPLACEMENT AFTER ELECTION. (a) The
5050 electors meeting to vote for president and vice-president may
5151 appoint a replacement elector as provided by Subsection (b) [by a
5252 majority vote of the qualified electors present] if:
5353 (1) the vacancy occurred before presidential election
5454 day and a replacement was not chosen under Section 192.004;
5555 (2) on or after presidential election day, an elector
5656 is declared ineligible or dies; or
5757 (3) the vacancy is declared under Section 192.006(c).
5858 (b) A replacement elector is chosen by the majority vote of
5959 the qualified electors present that correspond to the same
6060 candidates for president and vice-president that received the most
6161 votes in the area for which the replacement elector is chosen. If
6262 there are no qualified electors present that correspond to the same
6363 candidates for president and vice-president that received the most
6464 votes in the area for which the replacement elector is chosen, a
6565 replacement elector is chosen by the majority vote of all the
6666 qualified electors present.
6767 (c) The chair of the electors shall notify the secretary of
6868 state of the name and residence address of a replacement elector
6969 immediately on the replacement's appointment.
7070 SECTION 5. This Act takes effect September 1, 2021.