87S10033 JON-D
By: Murr H.B. No. 82
A BILL TO BE ENTITLED
AN ACT
relating to the presidential electors of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 192.004, Election Code,
is amended to read as follows:
Sec. 192.004. ELECTOR CANDIDATE WITHDRAWAL [VACANCY].
SECTION 2. 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 3. The heading to Subchapter C, Chapter 192,
Election Code, is amended to read as follows:
SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF PRESIDENTIAL
AND VICE-PRESIDENTIAL CANDIDATES; CERTIFICATION OF ABILITY TO
SERVE
SECTION 4. 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 5. 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 6. Subchapter C, Chapter 192, Election Code, is
amended by adding Section 192.065 to read as follows:
Sec. 192.065. CERTIFICATION OF ABILITY TO SERVE BY WINNING
CANDIDATE; AFFIRMATION OR DENIAL BY ELECTORS. (a) The candidates
for president and vice president who received the most votes in this
state in the general presidential election, or a legal
representative of such a candidate, shall certify not later than
the seventh day before the meeting of electors that the candidate is
willing and able to serve in the position for which the candidate
was elected.
(b) At the meeting of electors, the electors shall first
vote to affirm or deny the certification made under Subsection (a).
If a majority of electors vote to deny the certification that the
candidate is willing and able to serve, Subchapter D does not apply
to that meeting of electors with respect to the candidate for which
the certification was denied.
(c) If before the meeting of electors a candidate fails to
certify that the candidate is willing and able to serve as provided
by Subsection (a), the electors shall first vote on the issue of
whether each candidate is willing and able to serve in the position
for which the candidate was elected. If a majority of electors vote
that the candidate is not willing or able to serve in the position
for which the candidate was elected, Subchapter D does not apply to
that meeting of electors with respect to that candidate.
SECTION 7. Chapter 192, Election Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. REQUIRED ACTION BY PRESIDENTIAL ELECTORS;
REPLACEMENT OF ELECTOR
Sec. 192.101. DESIGNATION OF STATE'S ELECTORS. Each
elector position in this state must be nominated in accordance with
political party rules or by an independent or write-in presidential
candidate, as applicable. Except as otherwise provided in Sections
192.103 and 192.104, this state's electors are the winning elector
nominees under the laws of this state.
Sec. 192.102. OATH. (a) Not later than the seventh day
before the meeting of electors, each elector nominee and alternate
elector nominee of a political party shall execute the following
oath: "If selected for the position of elector, I swear to serve and
to mark my ballots for president and vice president for the nominees
for those offices of the party that nominated me."
(b) Not later than the seventh day before the meeting of
electors, each elector nominee and alternate elector nominee of an
independent presidential candidate shall execute the following
oath: "If selected for the position of elector as a nominee of an
independent presidential candidate, I swear to serve and to mark my
ballots for that candidate and for that candidate's
vice-presidential running mate."
(c) The executed oaths must accompany the submission of the
corresponding names to the secretary of state.
Sec. 192.103. PRESIDING OFFICER; ELECTOR VACANCY. (a) The
secretary of state shall preside at the meeting of electors
described in Section 192.104.
(b) The position of an elector who is not present to vote or
who has failed to execute the oath under Section 192.102 is vacant.
The secretary of state shall fill a vacancy with a substitute
elector nominated in accordance with political party rules or named
by an independent or write-in candidate for president, as
applicable.
(c) To qualify as a substitute elector under Subsection (b),
an individual who has not executed the oath required under Section
192.102 shall execute the following oath: "I swear to serve and to
mark my ballots for president and vice president consistent with
the oath of the individual to whose elector position I have
succeeded."
Sec. 192.104. ELECTOR VOTING. (a) At the time designated
for elector voting and after all vacant positions have been filled
under Section 192.103, the secretary of state shall provide each
elector with a presidential and a vice-presidential ballot. The
elector shall mark the elector's presidential and
vice-presidential ballots with the elector's votes for the offices
of president and vice president, respectively, along with the
elector's signature and the elector's legibly printed name.
(b) Except as otherwise provided by law of this state other
than this subchapter, each elector shall present both completed
ballots to the secretary of state. The secretary of state shall
examine the ballots, read each vote publicly, and accept as cast all
ballots of electors whose votes are consistent with their oaths
executed under Section 192.102 or 192.103(c). Except as otherwise
provided by law, the secretary of state may not accept and may not
count either an elector's presidential or vice-presidential ballot
if the elector has not marked both ballots or has marked a ballot in
violation of the elector's oath.
(c) An elector who refuses to present a ballot, presents an
unmarked ballot, or presents a ballot marked in violation of the
elector's oath executed under Section 192.102 or 192.103(c) vacates
the office of elector, creating a vacant position to be filled under
Section 192.103.
(d) The secretary of state shall distribute ballots to and
collect ballots from a substitute elector and repeat the process
under this section of examining ballots, publicly reading the
votes, declaring and filling vacant positions as required, and
recording appropriately completed ballots from the substituted
electors, until all of this state's electoral votes have been cast
and recorded.
SECTION 8. The following provisions of the Election Code
are repealed:
(1) Sections 192.004(b), (c), and (d);
(2) Section 192.006(c); and
(3) Section 192.007.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.