Bill Text: TX HB82 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the presidential electors of this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-07-07 - Filed [HB82 Detail]
Download: Texas-2021-HB82-Introduced.html
| 87S10033 JON-D | ||
| By: Murr | H.B. No. 82 | |
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| 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 [ |
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| 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 [ |
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| replacement nominee for president or vice-president of the United | ||
| States as follows [ |
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| (1) for placement on the ballot for an [ |
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| nominee who withdraws, dies, or is declared ineligible on or before | ||
| the 74th day before presidential election day if [ |
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| [ |
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| 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 [ |
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| vice-presidential running mate for an independent candidate for | ||
| president of the United States as follows [ |
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| (1) for placement on the ballot for an [ |
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| running mate who withdraws, dies, or is declared ineligible on or | ||
| before the 74th day before presidential election day if [ |
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| [ |
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| 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. | ||
