By: Murr, et al. (Senate Sponsor - Hughes)	H.B. No. 87
	(In the Senate - Received from the House April 26, 2023;
	May 2, 2023, read first time and referred to Committee on State
	Affairs; May 10, 2023, reported favorably by the following vote:
	Yeas 11, Nays 0; May 10, 2023, sent to printer.)
Click here to see the committee vote

	COMMITTEE VOTE
	YeaNayAbsentPNV
	HughesX
	PaxtonX
	BettencourtX
	BirdwellX
	LaMantiaX
	MenéndezX
	MiddletonX
	ParkerX
	PerryX
	SchwertnerX
	ZaffiriniX
	A BILL TO BE ENTITLED
	AN ACT
	relating to the presidential electors of this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 192.004, Election Code, is amended to
	read as follows:
	Sec. 192.004.  ELECTOR CANDIDATE WITHDRAWAL [VACANCY].
	[(a)] An elector candidate may withdraw from the presidential
	election before presidential election day, by delivering written
	notice of the withdrawal to:
	(1)  the secretary of state; and
	(2)  the state chair of the party that nominated the
	elector candidate or to the independent or write-in candidate for
	president who named the elector candidate.
	[(b)  If an elector candidate withdraws, dies, or is declared
	ineligible before presidential election day, a replacement elector
	candidate may be named by the party that nominated the elector
	candidate or by the independent or write-in candidate for president
	who named the elector candidate.
	[(c)  An independent or write-in candidate for president
	naming a replacement elector candidate must file with the secretary
	of state, before presidential election day, the name and residence
	address of the replacement candidate and a written statement,
	signed by the replacement candidate, that the person consents to be
	a candidate.
	[(d)  If a political party's rules do not provide the manner
	of choosing a replacement elector candidate, the party's state
	executive committee may choose the replacement candidate. The
	state chair of a political party naming a replacement elector
	candidate must file with the secretary of state, before
	presidential election day, the name and residence address of the
	replacement candidate.]
	SECTION 2.  Section 192.006(b), Election Code, is amended to
	read as follows:
	(b)  The secretary of state shall arrange for the meeting
	place, notify the electors, and call the meeting to order. [The
	secretary shall act as temporary chair of the meeting until the
	electors elect a chair from among themselves.]
	SECTION 3.  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 4.  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 INABILITY TO
	SERVE
	SECTION 5.  Section 192.062(a), Election Code, is amended to
	read as follows:
	(a)  The secretary of state shall certify in writing [for
	placement on the ballot] the name of a political party's
	replacement nominee for president or vice-president of the United
	States as follows [if]:
	(1)  for placement on the ballot for an [the] original
	nominee who withdraws, dies, or is declared ineligible on or before
	the 74th day before presidential election day if [; and
	[(2)] 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 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 6.  Section 192.064(a), Election Code, is amended to
	read as follows:
	(a)  The secretary of state shall certify in writing [for
	placement on the ballot] the name of a replacement
	vice-presidential running mate for an independent candidate for
	president of the United States as follows [if]:
	(1)  for placement on the ballot for an [the] original
	running mate who withdraws, dies, or is declared ineligible on or
	before the 74th day before presidential election day if [; and
	[(2)] 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 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 7.  Subchapter C, Chapter 192, Election Code, is
	amended by adding Section 192.065 to read as follows:
	Sec. 192.065.  CERTIFICATION OF WINNING CANDIDATE'S
	INABILITY TO SERVE; AFFIRMATION OR DENIAL BY ELECTORS. (a) The
	secretary of state shall certify on the seventh day before the
	meeting of electors that a candidate for president or vice
	president who received the most votes in this state in the general
	presidential election is willing and able to serve in the position
	for which the candidate was elected, unless the secretary of state
	has received a written certification from one of the following
	individuals, in order of precedence, that the candidate is unable
	or unwilling to serve:
	(1)  the candidate;
	(2)  the executive director of the candidate's
	campaign; or
	(3)  the candidate's spouse or, if the candidate does
	not have a surviving spouse, the person to whom the candidate's
	estate would descend under Section 201.001, Estates Code.
	(b)  Upon receipt of a certification under Subsection (a),
	the secretary of state shall notify the party of the candidate who
	submitted the certification and post the certification on the
	secretary of state's Internet website.
	(c)  The secretary of state may promulgate a form for a
	certification under this section of inability or unwillingness to
	serve.
	(d)  If before the meeting of electors the secretary of state
	receives a certification under Subsection (a) that a candidate is
	unwilling or unable to serve, the electors shall first vote on the
	issue of whether that 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, Sections 192.102,
	192.103(b), 192.103(d), and 192.104(d) and (e) do not apply to that
	meeting of electors with respect to that candidate.
	SECTION 8.  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
	192.006, 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 sixth 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 is vacant if the elector has
	failed to execute the oath under Section 192.102.
	(c)  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.  A substitute elector who is filling the
	position of an elector is considered an elector for purposes of this
	chapter.  If a person's position as elector is determined to be
	vacant, the person may not serve as a substitute elector with
	respect to that meeting of electors.
	(d)  To qualify as a substitute elector under Subsection (c),
	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,
	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 and read each vote publicly.
	(c)  The secretary of state shall accept as cast all ballots
	of electors whose votes are consistent with their oaths executed
	under Section 192.102 or 192.103(d). 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.
	(d)  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(d) vacates
	the office of elector, creating a vacant position to be filled under
	Section 192.103.
	(e)  The secretary of state shall distribute ballots to and
	collect ballots from each 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 9.  Section 192.007, Election Code, is repealed.
	SECTION 10.  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 September 1, 2023.
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