Texas 2023 - 88th Regular

Texas House Bill HB87

Filed
11/14/22  
Out of House Committee
4/14/23  
Voted on by House
4/26/23  
Out of Senate Committee
5/10/23  
Voted on by Senate
5/17/23  
Governor Action
6/18/23  

Caption

Relating to the presidential electors of this state.

Impact

The implications of HB 87 extend into the realm of electoral law and democratic accountability. By enforcing a strict oath for presidential electors, the bill seeks to unify the procedures governing their voting behavior, thereby enhancing the integrity of the electoral process. This amendment to the election code clarifies the procedures that would be followed in cases of elector vacancy due to non-compliance, thereby streamlining the process of addressing any issues related to faithless electors. Moreover, it aligns Texas state laws more closely with the objective of ensuring that electors act in accordance with the popular vote, a principle fundamental to democratic governance.

Summary

House Bill 87 is a legislative proposal aimed at addressing the conduct of presidential electors in the state of Texas. The bill introduces an oath that each elector must take before casting their ballot, explicitly stating their commitment to vote in accordance with the popular vote outcome. Additionally, it establishes provisions for replacing electors who do not adhere to this oath, ensuring compliance with the state's electoral mandate. The intent is to bolster trust in the electoral process by minimizing the occurrence of 'faithless electors'—those who might vote contrary to the choice of the electorate.

Sentiment

Overall, the sentiment around HB 87 appears supportive, particularly among legislators who prioritize transparency and voter confidence in the electoral process. Advocates argue that the bill is a necessary step in safeguarding the democratic principles of the electoral system. While there has not been significant opposition reported, concerns may arise regarding the rigidity of imposing an oath and whether it could unduly restrict electors' discretion in unforeseen circumstances. Nonetheless, the prevailing view among proponents is that this legislation serves to fortify the electoral framework in Texas.

Contention

Notable points of contention may center on the question of how the oath affects the elector's ability to exercise judgment, especially in potential scenarios where an elector believes that the nominated candidate is unfit for office after the election. While the bill aims to ensure fidelity to the electorate's choice, it may inadvertently constrain the ability of electors to act in what they believe to be the public interest should a significant issue arise post-election. This could lead to debates on the balance between strict adherence to the popular vote and the discretion necessary for electors to respond to changing political situations.

Texas Constitutional Statutes Affected

Election Code

  • Chapter 192. Presidential Electors And Candidates
    • Section: New Section
    • Section: 062
    • Section: 064
    • Section: 065
    • Section: 101
    • Section: 102
    • Section: 103
    • Section: 104
    • Section: New Section
    • Section: 062
    • Section: 064
    • Section: New Section
    • Section: 062
    • Section: 064
    • Section: New Section
    • Section: 065
    • Section: 101
    • Section: 102
    • Section: 103
    • Section: 104
    • Section: New Section

Companion Bills

TX SB2246

Identical Relating to the presidential electors of this state.

Similar Bills

TX SB2246

Relating to the presidential electors of this state.

TX HB3868

Relating to the presidential electors of this state.

TX HB82

Relating to the presidential electors of this state.

TX HB80

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TX HB1160

Relating to the replacement of a presidential or vice-presidential candidate in the event of the candidate's withdrawal, death, or ineligibility.

TX HB543

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OK SB602

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TX HB126

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