Bill Text: TX HB1565 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to electors for president and vice president.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-08 - Committee report sent to Calendars [HB1565 Detail]
Download: Texas-2013-HB1565-Introduced.html
By: Miller of Fort Bend | H.B. No. 1565 |
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relating to electors for president and vice president. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 192.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. To | ||
become a presidential elector candidate, a person must be nominated | ||
as a political party's elector candidate in accordance with party | ||
rules or named as an elector candidate by an independent or write-in | ||
candidate for president, and execute the pledge required by Section | ||
192.0031. | ||
SECTION 2. Title 11, Chapter 192, Subchapter A, Election | ||
Code is amended by adding Section 192.0031, Election Code, to read | ||
as follows: | ||
Sec. 192.0031. PLEDGE. Each elector candidate of a | ||
political party shall execute the following pledge: "If selected | ||
for the position of elector, I agree to serve and to mark my ballots | ||
for President and Vice President for the nominees for those offices | ||
of the party that nominated me." Each elector candidate of an | ||
independent or write-in presidential candidate shall execute the | ||
following pledge: "If selected for the position of elector as a | ||
nominee of an independent or write-in presidential candidate, I | ||
agree to serve and to mark my ballots for that candidate and for | ||
that candidate's vice-presidential running mate." The executed | ||
pledges must accompany the submission of the corresponding names to | ||
the Secretary of State. | ||
SECTION 3. Title 11, Chapter 192, Subchapter A, Election | ||
Code is amended by adding Section 192.0051, Election Code, to read | ||
as follows: | ||
Sec. 192.0051. CERTIFICATION OF ELECTORS. In submitting | ||
this state's certificate of ascertainment as required by 3 U.S.C. | ||
Section 6, the Governor shall certify this state's electors and | ||
state in the certificate that: | ||
(1) the electors will serve as electors unless a | ||
vacancy occurs in the office of elector before the end of the | ||
meeting at which elector votes are cast, in which case a substitute | ||
elector will fill the vacancy; and | ||
(2) if a substitute elector is appointed to fill a | ||
vacancy, the Governor will submit an amended certificate of | ||
ascertainment stating the names on the final list of this state's | ||
electors. | ||
SECTION 4. Title 11, Chapter 192, Subchapter A, Election | ||
Code is amended by adding Section 192.0061, Election Code, to read | ||
as follows: | ||
Sec. 192.0061. ELECTOR VOTING. (a) At the time designated | ||
for elector voting and after all vacant positions have been filled | ||
under Section 6, the chair of electors 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) Each elector shall present both completed ballots to the | ||
chair of electors, who shall examine the ballots and accept as cast | ||
all ballots of electors whose votes are consistent with their | ||
pledges executed under Section 192.0031 or Section 192.007(c). The | ||
chair of electors 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 pledge. | ||
(c) An elector who refuses to present a ballot, presents an | ||
unmarked ballot, or presents a ballot marked in violation of the | ||
elector's pledge executed under Section 192.0031 or Section | ||
192.007(c) vacates the office of elector, creating a vacant | ||
position to be filled under Section 192.007. | ||
(d) The chair of electors shall distribute ballots to and | ||
collect ballots from a substitute elector and repeat the process | ||
under this section of examining ballots, 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 5. Section 192.007, Election Code, is amended to | ||
read as follows: | ||
Sec. 192.007. REPLACEMENT AFTER ELECTION. (a) The electors | ||
meeting to vote for president and vice-president may appoint a | ||
replacement elector by a majority vote of the qualified electors | ||
present if: | ||
(1) the vacancy occurred before presidential election | ||
day and a replacement was not chosen under Section 192.004; | ||
(2) on or after presidential election day, an elector | ||
is declared ineligible or dies; or | ||
(3) the vacancy is declared under Section 192.006(c). | ||
(b) The chair of the electors shall notify the secretary of | ||
state of the name and residence address of a replacement elector | ||
immediately on the replacement's appointment. | ||
(c) To qualify as a replacement elector under subsection | ||
(a), an individual who has not executed the pledge required under | ||
Section 192.0031 shall execute the following pledge: "I agree to | ||
serve and to mark my ballots for President and Vice President | ||
consistent with the pledge of the individual to whose elector | ||
position I have succeeded." | ||
SECTION 6. Title 11, Chapter 192, Subchapter A, Election | ||
Code is amended by adding Section 192.0071, Election Code, to read | ||
as follows: | ||
Sec. 192.0071. ELECTOR REPLACEMENT; ASSOCIATED | ||
CERTIFICATES. (a) After the vote of this state's electors is | ||
completed, if the final list of electors differs from any list that | ||
the Governor previously included on a certificate of ascertainment | ||
prepared and transmitted under 3 U.S.C. Section 6, the Secretary of | ||
State immediately shall prepare an amended certificate of | ||
ascertainment and transmit it to the Governor for the [Governor's | ||
signature. | ||
(b) The Governor immediately shall deliver the signed | ||
amended certificate of ascertainment to the Secretary of State and | ||
a signed duplicate original of the amended certificate of | ||
ascertainment to all individuals entitled to receive this state's | ||
certificate of ascertainment, indicating that the amended | ||
certificate of ascertainment is to be substituted for the | ||
certificate of ascertainment previously submitted. | ||
(c) The Secretary of State shall prepare a certificate of | ||
vote. The electors on the final list shall sign the certificate. The | ||
Secretary of State shall process and transmit the signed | ||
certificate with the amended certificate of ascertainment under 3 | ||
U.S.C. Sections 9, 10, and 11. | ||
SECTION 7. This Act takes effect September 1, 2013. |