Texas 2023 - 88th Regular

Texas Senate Bill SB2246 Compare Versions

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1	1	88R1472 JON-D
2	2	By: Hughes S.B. No. 2246
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. Section 192.004, Election Code, is amended to
10	10	read as follows:
11	11	Sec. 192.004. ELECTOR CANDIDATE WITHDRAWAL [VACANCY].
12	12	[(a)] An elector candidate may withdraw from the presidential
13	13	election before presidential election day, by delivering written
14	14	notice of the withdrawal to:
15	15	(1) the secretary of state; and
16	16	(2) the state chair of the party that nominated the
17	17	elector candidate or to the independent or write-in candidate for
18	18	president who named the elector candidate.
19	19	[(b) If an elector candidate withdraws, dies, or is declared
20	20	ineligible before presidential election day, a replacement elector
21	21	candidate may be named by the party that nominated the elector
22	22	candidate or by the independent or write-in candidate for president
23	23	who named the elector candidate.
24	24	[(c) An independent or write-in candidate for president
25	25	naming a replacement elector candidate must file with the secretary
26	26	of state, before presidential election day, the name and residence
27	27	address of the replacement candidate and a written statement,
28	28	signed by the replacement candidate, that the person consents to be
29	29	a candidate.
30	30	[(d) If a political party's rules do not provide the manner
31	31	of choosing a replacement elector candidate, the party's state
32	32	executive committee may choose the replacement candidate. The
33	33	state chair of a political party naming a replacement elector
34	34	candidate must file with the secretary of state, before
35	35	presidential election day, the name and residence address of the
36	36	replacement candidate.]
37	37	SECTION 2. Section 192.006(b), Election Code, is amended to
38	38	read as follows:
39	39	(b) The secretary of state shall arrange for the meeting
40	40	place, notify the electors, and call the meeting to order. [The
41	41	secretary shall act as temporary chair of the meeting until the
42	42	electors elect a chair from among themselves.]
43	43	SECTION 3. Subchapter A, Chapter 192, Election Code, is
44	44	amended by adding Section 192.009 to read as follows:
45	45	Sec. 192.009. REPLACEMENT NOMINEE. An elector shall
46	46	consider a replacement candidate certified under Subchapter C to be
47	47	the presidential or vice-presidential candidate for whom the
48	48	elector is the corresponding presidential elector candidate.
49	49	SECTION 4. The heading to Subchapter C, Chapter 192,
50	50	Election Code, is amended to read as follows:
51	51	SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF PRESIDENTIAL
52	52	AND VICE-PRESIDENTIAL CANDIDATES; CERTIFICATION OF ABILITY TO
53	53	SERVE
54	54	SECTION 5. Section 192.062(a), Election Code, is amended to
55	55	read as follows:
56	56	(a) The secretary of state shall certify in writing [for
57	57	placement on the ballot] the name of a political party's
58	58	replacement nominee for president or vice-president of the United
59	59	States as follows [if]:
60	60	(1) for placement on the ballot for an [the] original
61	61	nominee who withdraws, dies, or is declared ineligible on or before
62	62	the 74th day before presidential election day if [; and
63	63	[(2)] the party's state chair delivers certification of
64	64	the replacement nominee's name, signed by the state chair, to the
65	65	secretary of state not later than 5 p.m. of the 71st day before
66	66	presidential election day; or
67	67	(2) to the nominating party's presidential elector
68	68	candidates for an original nominee who withdraws, dies, or is
69	69	declared ineligible after the 74th day before presidential election
70	70	day if the party's state chair delivers certification of the
71	71	replacement nominee's name, signed by the state chair, to the
72	72	secretary of state not later than 2 p.m. on the Monday after the
73	73	second Wednesday in December of a presidential election year.
74	74	SECTION 6. Section 192.064(a), Election Code, is amended to
75	75	read as follows:
76	76	(a) The secretary of state shall certify in writing [for
77	77	placement on the ballot] the name of a replacement
78	78	vice-presidential running mate for an independent candidate for
79	79	president of the United States as follows [if]:
80	80	(1) for placement on the ballot for an [the] original
81	81	running mate who withdraws, dies, or is declared ineligible on or
82	82	before the 74th day before presidential election day if [; and
83	83	[(2)] the independent presidential candidate delivers
84	84	certification of the replacement running mate's name, signed by the
85	85	presidential candidate, to the secretary of state not later than 5
86	86	p.m. of the 71st day before presidential election day; or
87	87	(2) to the presidential candidate's corresponding
88	88	presidential elector candidates for an original running mate who
89	89	withdraws, dies, or is declared ineligible after the 74th day
90	90	before presidential election day if the independent presidential
91	91	candidate delivers certification of the replacement running mate's
92	92	name, signed by the presidential candidate, to the secretary of
93	93	state not later than 2 p.m. on the Monday after the second Wednesday
94	94	in December of a presidential election year.
95	95	SECTION 7. Subchapter C, Chapter 192, Election Code, is
96	96	amended by adding Section 192.065 to read as follows:
97	97	Sec. 192.065. CERTIFICATION OF ABILITY TO SERVE BY WINNING
98	98	CANDIDATE; AFFIRMATION OR DENIAL BY ELECTORS. (a) The candidates
99	99	for president and vice president who received the most votes in this
100	100	state in the general presidential election, or a legal
101	101	representative of such a candidate, shall certify not later than
102	102	the seventh day before the meeting of electors that the candidate is
103	103	willing and able to serve in the position for which the candidate
104	104	was elected.
105	105	(b) At the meeting of electors, the electors shall first
106	106	vote to affirm or deny the certification made under Subsection (a).
107	107	If a majority of electors vote to deny the certification that the
108	108	candidate is willing and able to serve, Subchapter D does not apply
109	109	to that meeting of electors with respect to the candidate for which
110	110	the certification was denied.
111	111	(c) If before the meeting of electors a candidate fails to
112	112	certify that the candidate is willing and able to serve as provided
113	113	by Subsection (a), the electors shall first vote on the issue of
114	114	whether each candidate is willing and able to serve in the position
115	115	for which the candidate was elected. If a majority of electors vote
116	116	that the candidate is not willing or able to serve in the position
117	117	for which the candidate was elected, Subchapter D does not apply to
118	118	that meeting of electors with respect to that candidate.
119	119	SECTION 8. Chapter 192, Election Code, is amended by adding
120	120	Subchapter D to read as follows:
121	121	SUBCHAPTER D. REQUIRED ACTION BY PRESIDENTIAL ELECTORS;
122	122	REPLACEMENT OF ELECTOR
123	123	Sec. 192.101. DESIGNATION OF STATE'S ELECTORS. Each
124	124	elector position in this state must be nominated in accordance with
125	125	political party rules or by an independent or write-in presidential
126	126	candidate, as applicable. Except as otherwise provided in Sections
127	127	192.103 and 192.104, this state's electors are the winning elector
128	128	nominees under the laws of this state.
129	129	Sec. 192.102. OATH. (a) Not later than the seventh day
130	130	before the meeting of electors, each elector nominee and alternate
131	131	elector nominee of a political party shall execute the following
132	132	oath: "If selected for the position of elector, I swear to serve and
133	133	to mark my ballots for president and vice president for the nominees
134	134	for those offices of the party that nominated me."
135	135	(b) Not later than the seventh day before the meeting of
136	136	electors, each elector nominee and alternate elector nominee of an
137	137	independent presidential candidate shall execute the following
138	138	oath: "If selected for the position of elector as a nominee of an
139	139	independent presidential candidate, I swear to serve and to mark my
140	140	ballots for that candidate and for that candidate's
141	141	vice-presidential running mate."
142	142	(c) The executed oaths must accompany the submission of the
143	143	corresponding names to the secretary of state.
144	144	Sec. 192.103. PRESIDING OFFICER; ELECTOR VACANCY. (a) The
145	145	secretary of state shall preside at the meeting of electors
146	146	described in Section 192.104.
147	147	(b) The position of an elector who is not present to vote or
148	148	who has failed to execute the oath under Section 192.102 is vacant.
149	149	The secretary of state shall fill a vacancy with a substitute
150	150	elector nominated in accordance with political party rules or named
151	151	by an independent or write-in candidate for president, as
152	152	applicable.
153	153	(c) To qualify as a substitute elector under Subsection (b),
154	154	an individual who has not executed the oath required under Section
155	155	192.102 shall execute the following oath: "I swear to serve and to
156	156	mark my ballots for president and vice president consistent with
157	157	the oath of the individual to whose elector position I have
158	158	succeeded."
159	159	Sec. 192.104. ELECTOR VOTING. (a) At the time designated
160	160	for elector voting and after all vacant positions have been filled
161	161	under Section 192.103, the secretary of state shall provide each
162	162	elector with a presidential and a vice-presidential ballot. The
163	163	elector shall mark the elector's presidential and
164	164	vice-presidential ballots with the elector's votes for the offices
165	165	of president and vice president, respectively, along with the
166	166	elector's signature and the elector's legibly printed name.
167	167	(b) Except as otherwise provided by law of this state other
168	168	than this subchapter, each elector shall present both completed
169	169	ballots to the secretary of state. The secretary of state shall
170	170	examine the ballots, read each vote publicly, and accept as cast all
171	171	ballots of electors whose votes are consistent with their oaths
172	172	executed under Section 192.102 or 192.103(c). Except as otherwise
173	173	provided by law, the secretary of state may not accept and may not
174	174	count either an elector's presidential or vice-presidential ballot
175	175	if the elector has not marked both ballots or has marked a ballot in
176	176	violation of the elector's oath.
177	177	(c) An elector who refuses to present a ballot, presents an
178	178	unmarked ballot, or presents a ballot marked in violation of the
179	179	elector's oath executed under Section 192.102 or 192.103(c) vacates
180	180	the office of elector, creating a vacant position to be filled under
181	181	Section 192.103.
182	182	(d) The secretary of state shall distribute ballots to and
183	183	collect ballots from a substitute elector and repeat the process
184	184	under this section of examining ballots, publicly reading the
185	185	votes, declaring and filling vacant positions as required, and
186	186	recording appropriately completed ballots from the substituted
187	187	electors, until all of this state's electoral votes have been cast
188	188	and recorded.
189	189	SECTION 9. The following provisions of the Election Code
190	190	are repealed:
191	191	(1) Section 192.006(c); and
192	192	(2) Section 192.007.
193	193	SECTION 10. This Act takes effect immediately if it
194	194	receives a vote of two-thirds of all the members elected to each
195	195	house, as provided by Section 39, Article III, Texas Constitution.
196	196	If this Act does not receive the vote necessary for immediate
197	197	effect, this Act takes effect September 1, 2023.