Texas 2021 - 87th 2nd C.S.

Texas House Bill HB80 Compare Versions

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

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