Texas 2021 - 87th 1st C.S.

Texas House Bill HB82 Compare Versions

Only one version of the bill is available at this time.

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1	1	87S10033 JON-D
2	2	By: Murr H.B. No. 82
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the presidential electors of this state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Section 192.004, Election Code,
10	10	is amended to read as follows:
11	11	Sec. 192.004. ELECTOR CANDIDATE WITHDRAWAL [VACANCY].
12	12	SECTION 2. Subchapter A, Chapter 192, Election Code, is
13	13	amended by adding Section 192.009 to read as follows:
14	14	Sec. 192.009. REPLACEMENT NOMINEE. An elector shall
15	15	consider a replacement candidate certified under Subchapter C to be
16	16	the presidential or vice-presidential candidate for whom the
17	17	elector is the corresponding presidential elector candidate.
18	18	SECTION 3. The heading to Subchapter C, Chapter 192,
19	19	Election Code, is amended to read as follows:
20	20	SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF PRESIDENTIAL
21	21	AND VICE-PRESIDENTIAL CANDIDATES; CERTIFICATION OF ABILITY TO
22	22	SERVE
23	23	SECTION 4. Section 192.062(a), Election Code, is amended to
24	24	read as follows:
25	25	(a) The secretary of state shall certify in writing [for
26	26	placement on the ballot] the name of a political party's
27	27	replacement nominee for president or vice-president of the United
28	28	States as follows [if]:
29	29	(1) for placement on the ballot for an [the] original
30	30	nominee who withdraws, dies, or is declared ineligible on or before
31	31	the 74th day before presidential election day if [; and
32	32	[(2)] the party's state chair delivers certification of
33	33	the replacement nominee's name, signed by the state chair, to the
34	34	secretary of state not later than 5 p.m. of the 71st day before
35	35	presidential election day; or
36	36	(2) to the nominating party's presidential elector
37	37	candidates for an original nominee who withdraws, dies, or is
38	38	declared ineligible after the 74th day before presidential election
39	39	day if the party's state chair delivers certification of the
40	40	replacement nominee's name, signed by the state chair, to the
41	41	secretary of state not later than 2 p.m. on the Monday after the
42	42	second Wednesday in December of a presidential election year.
43	43	SECTION 5. Section 192.064(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) The secretary of state shall certify in writing [for
46	46	placement on the ballot] the name of a replacement
47	47	vice-presidential running mate for an independent candidate for
48	48	president of the United States as follows [if]:
49	49	(1) for placement on the ballot for an [the] original
50	50	running mate who withdraws, dies, or is declared ineligible on or
51	51	before the 74th day before presidential election day if [; and
52	52	[(2)] the independent presidential candidate delivers
53	53	certification of the replacement running mate's name, signed by the
54	54	presidential candidate, to the secretary of state not later than 5
55	55	p.m. of the 71st day before presidential election day; or
56	56	(2) to the presidential candidate's corresponding
57	57	presidential elector candidates for an original running mate who
58	58	withdraws, dies, or is declared ineligible after the 74th day
59	59	before presidential election day if the independent presidential
60	60	candidate delivers certification of the replacement running mate's
61	61	name, signed by the presidential candidate, to the secretary of
62	62	state not later than 2 p.m. on the Monday after the second Wednesday
63	63	in December of a presidential election year.
64	64	SECTION 6. Subchapter C, Chapter 192, Election Code, is
65	65	amended by adding Section 192.065 to read as follows:
66	66	Sec. 192.065. CERTIFICATION OF ABILITY TO SERVE BY WINNING
67	67	CANDIDATE; AFFIRMATION OR DENIAL BY ELECTORS. (a) The candidates
68	68	for president and vice president who received the most votes in this
69	69	state in the general presidential election, or a legal
70	70	representative of such a candidate, shall certify not later than
71	71	the seventh day before the meeting of electors that the candidate is
72	72	willing and able to serve in the position for which the candidate
73	73	was elected.
74	74	(b) At the meeting of electors, the electors shall first
75	75	vote to affirm or deny the certification made under Subsection (a).
76	76	If a majority of electors vote to deny the certification that the
77	77	candidate is willing and able to serve, Subchapter D does not apply
78	78	to that meeting of electors with respect to the candidate for which
79	79	the certification was denied.
80	80	(c) If before the meeting of electors a candidate fails to
81	81	certify that the candidate is willing and able to serve as provided
82	82	by Subsection (a), the electors shall first vote on the issue of
83	83	whether each candidate is willing and able to serve in the position
84	84	for which the candidate was elected. If a majority of electors vote
85	85	that the candidate is not willing or able to serve in the position
86	86	for which the candidate was elected, Subchapter D does not apply to
87	87	that meeting of electors with respect to that candidate.
88	88	SECTION 7. Chapter 192, Election Code, is amended by adding
89	89	Subchapter D to read as follows:
90	90	SUBCHAPTER D. REQUIRED ACTION BY PRESIDENTIAL ELECTORS;
91	91	REPLACEMENT OF ELECTOR
92	92	Sec. 192.101. DESIGNATION OF STATE'S ELECTORS. Each
93	93	elector position in this state must be nominated in accordance with
94	94	political party rules or by an independent or write-in presidential
95	95	candidate, as applicable. Except as otherwise provided in Sections
96	96	192.103 and 192.104, this state's electors are the winning elector
97	97	nominees under the laws of this state.
98	98	Sec. 192.102. OATH. (a) Not later than the seventh day
99	99	before the meeting of electors, each elector nominee and alternate
100	100	elector nominee of a political party shall execute the following
101	101	oath: "If selected for the position of elector, I swear to serve and
102	102	to mark my ballots for president and vice president for the nominees
103	103	for those offices of the party that nominated me."
104	104	(b) Not later than the seventh day before the meeting of
105	105	electors, each elector nominee and alternate elector nominee of an
106	106	independent presidential candidate shall execute the following
107	107	oath: "If selected for the position of elector as a nominee of an
108	108	independent presidential candidate, I swear to serve and to mark my
109	109	ballots for that candidate and for that candidate's
110	110	vice-presidential running mate."
111	111	(c) The executed oaths must accompany the submission of the
112	112	corresponding names to the secretary of state.
113	113	Sec. 192.103. PRESIDING OFFICER; ELECTOR VACANCY. (a) The
114	114	secretary of state shall preside at the meeting of electors
115	115	described in Section 192.104.
116	116	(b) The position of an elector who is not present to vote or
117	117	who has failed to execute the oath under Section 192.102 is vacant.
118	118	The secretary of state shall fill a vacancy with a substitute
119	119	elector nominated in accordance with political party rules or named
120	120	by an independent or write-in candidate for president, as
121	121	applicable.
122	122	(c) To qualify as a substitute elector under Subsection (b),
123	123	an individual who has not executed the oath required under Section
124	124	192.102 shall execute the following oath: "I swear to serve and to
125	125	mark my ballots for president and vice president consistent with
126	126	the oath of the individual to whose elector position I have
127	127	succeeded."
128	128	Sec. 192.104. ELECTOR VOTING. (a) At the time designated
129	129	for elector voting and after all vacant positions have been filled
130	130	under Section 192.103, the secretary of state shall provide each
131	131	elector with a presidential and a vice-presidential ballot. The
132	132	elector shall mark the elector's presidential and
133	133	vice-presidential ballots with the elector's votes for the offices
134	134	of president and vice president, respectively, along with the
135	135	elector's signature and the elector's legibly printed name.
136	136	(b) Except as otherwise provided by law of this state other
137	137	than this subchapter, each elector shall present both completed
138	138	ballots to the secretary of state. The secretary of state shall
139	139	examine the ballots, read each vote publicly, and accept as cast all
140	140	ballots of electors whose votes are consistent with their oaths
141	141	executed under Section 192.102 or 192.103(c). Except as otherwise
142	142	provided by law, the secretary of state may not accept and may not
143	143	count either an elector's presidential or vice-presidential ballot
144	144	if the elector has not marked both ballots or has marked a ballot in
145	145	violation of the elector's oath.
146	146	(c) An elector who refuses to present a ballot, presents an
147	147	unmarked ballot, or presents a ballot marked in violation of the
148	148	elector's oath executed under Section 192.102 or 192.103(c) vacates
149	149	the office of elector, creating a vacant position to be filled under
150	150	Section 192.103.
151	151	(d) The secretary of state shall distribute ballots to and
152	152	collect ballots from a substitute elector and repeat the process
153	153	under this section of examining ballots, publicly reading the
154	154	votes, declaring and filling vacant positions as required, and
155	155	recording appropriately completed ballots from the substituted
156	156	electors, until all of this state's electoral votes have been cast
157	157	and recorded.
158	158	SECTION 8. The following provisions of the Election Code
159	159	are repealed:
160	160	(1) Sections 192.004(b), (c), and (d);
161	161	(2) Section 192.006(c); and
162	162	(3) Section 192.007.
163	163	SECTION 9. This Act takes effect immediately if it receives
164	164	a vote of two-thirds of all the members elected to each house, as
165	165	provided by Section 39, Article III, Texas Constitution. If this
166	166	Act does not receive the vote necessary for immediate effect, this
167	167	Act takes effect on the 91st day after the last day of the
168	168	legislative session.