Texas 2023 - 88th Regular

Texas House Bill HB126 Compare Versions

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1	1	88R756 BRG-D
2	2	By: Swanson H.B. No. 126
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the required vote by a presidential elector and related
8	8	procedures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 192.004, Election Code,
11	11	is amended to read as follows:
12	12	Sec. 192.004. ELECTOR CANDIDATE WITHDRAWAL [VACANCY].
13	13	SECTION 2. Section 192.006(b), Election Code, is amended to
14	14	read as follows:
15	15	(b) The secretary of state shall arrange for the meeting
16	16	place, notify the electors, and call the meeting to order. [The
17	17	secretary shall act as temporary chair of the meeting until the
18	18	electors elect a chair from among themselves.]
19	19	SECTION 3. The heading to Subchapter C, Chapter 192,
20	20	Election Code, is amended to read as follows:
21	21	SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF PRESIDENTIAL
22	22	AND VICE-PRESIDENTIAL CANDIDATES; CERTIFICATION OF ABILITY TO
23	23	SERVE
24	24	SECTION 4. Subchapter C, Chapter 192, Election Code, is
25	25	amended by adding Section 192.065 to read as follows:
26	26	Sec. 192.065. CERTIFICATION OF ABILITY TO SERVE BY WINNING
27	27	CANDIDATE; AFFIRMATION OR DENIAL BY ELECTORS. (a) The candidates
28	28	for president and vice president who received the most votes in this
29	29	state in the general presidential election, or a legal
30	30	representative of such a candidate, shall certify not later than
31	31	the seventh day before the meeting of electors that the candidate is
32	32	willing and able to serve in the position for which the candidate
33	33	was elected.
34	34	(b) At the meeting of electors, the electors shall first
35	35	vote to affirm or deny the certification made under Subsection (a).
36	36	If a majority of electors vote to deny the certification that the
37	37	candidate is willing and able to serve, Subchapter D does not apply
38	38	to that meeting of electors with respect to the candidate for which
39	39	the certification was denied.
40	40	(c) If before the meeting of electors a candidate fails to
41	41	certify that the candidate is willing and able to serve as provided
42	42	by Subsection (a), the electors shall first vote on the issue of
43	43	whether each candidate is willing and able to serve in the position
44	44	for which the candidate was elected. If a majority of electors vote
45	45	that the candidate is not willing or able to serve in the position
46	46	for which the candidate was elected, Subchapter D does not apply to
47	47	that meeting of electors with respect to that candidate.
48	48	SECTION 5. Chapter 192, Election Code, is amended by adding
49	49	Subchapter D to read as follows:
50	50	SUBCHAPTER D. REQUIRED ACTION BY PRESIDENTIAL ELECTORS;
51	51	REPLACEMENT OF ELECTOR
52	52	Sec. 192.101. DESIGNATION OF STATE'S ELECTORS. Each
53	53	elector position in this state must be nominated in accordance with
54	54	political party rules or by an independent or write-in presidential
55	55	candidate, as applicable. Except as otherwise provided in Sections
56	56	192.103 and 192.104, this state's electors are the winning elector
57	57	nominees under the laws of this state.
58	58	Sec. 192.102. OATH. (a) Not later than the seventh day
59	59	before the meeting of electors, each elector nominee and alternate
60	60	elector nominee of a political party shall execute the following
61	61	oath: "If selected for the position of elector, I swear to serve and
62	62	to mark my ballots for president and vice president for the nominees
63	63	for those offices of the party that nominated me."
64	64	(b) Not later than the seventh day before the meeting of
65	65	electors, each elector nominee and alternate elector nominee of an
66	66	independent presidential candidate shall execute the following
67	67	oath: "If selected for the position of elector as a nominee of an
68	68	independent presidential candidate, I swear to serve and to mark my
69	69	ballots for that candidate and for that candidate's
70	70	vice-presidential running mate."
71	71	(c) The executed oaths must accompany the submission of the
72	72	corresponding names to the secretary of state.
73	73	Sec. 192.103. PRESIDING OFFICER; ELECTOR VACANCY. (a) The
74	74	secretary of state shall preside at the meeting of electors
75	75	described in Section 192.104.
76	76	(b) The position of an elector who is not present to vote or
77	77	who has failed to execute the oath under Section 192.102 is vacant.
78	78	The secretary of state shall fill a vacancy with a substitute
79	79	elector nominated in accordance with political party rules or named
80	80	by an independent or write-in candidate for president, as
81	81	applicable.
82	82	(c) To qualify as a substitute elector under Subsection (b),
83	83	an individual who has not executed the oath required under Section
84	84	192.102 shall execute the following oath: "I swear to serve and to
85	85	mark my ballots for president and vice president consistent with
86	86	the oath of the individual to whose elector position I have
87	87	succeeded."
88	88	Sec. 192.104. ELECTOR VOTING. (a) At the time designated
89	89	for elector voting and after all vacant positions have been filled
90	90	under Section 192.103, the secretary of state shall provide each
91	91	elector with a presidential and a vice-presidential ballot. The
92	92	elector shall mark the elector's presidential and
93	93	vice-presidential ballots with the elector's votes for the offices
94	94	of president and vice president, respectively, along with the
95	95	elector's signature and the elector's legibly printed name.
96	96	(b) Except as otherwise provided by law of this state other
97	97	than this subchapter, each elector shall present both completed
98	98	ballots to the secretary of state. The secretary of state shall
99	99	examine the ballots, read each vote publicly, and accept as cast all
100	100	ballots of electors whose votes are consistent with their oaths
101	101	executed under Section 192.102 or 192.103(c). Except as otherwise
102	102	provided by law, the secretary of state may not accept and may not
103	103	count either an elector's presidential or vice-presidential ballot
104	104	if the elector has not marked both ballots or has marked a ballot in
105	105	violation of the elector's oath.
106	106	(c) An elector who refuses to present a ballot, presents an
107	107	unmarked ballot, or presents a ballot marked in violation of the
108	108	elector's oath executed under Section 192.102 or 192.103(c) vacates
109	109	the office of elector, creating a vacant position to be filled under
110	110	Section 192.103.
111	111	(d) The secretary of state shall distribute ballots to and
112	112	collect ballots from a substitute elector and repeat the process
113	113	under this section of examining ballots, publicly reading the
114	114	votes, declaring and filling vacant positions as required, and
115	115	recording appropriately completed ballots from the substituted
116	116	electors, until all of this state's electoral votes have been cast
117	117	and recorded.
118	118	SECTION 6. The following provisions of the Election Code
119	119	are repealed:
120	120	(1) Sections 192.004(b), (c), and (d);
121	121	(2) Section 192.006(c); and
122	122	(3) Section 192.007.
123	123	SECTION 7. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2023.