Bill Text: TX HB82 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 82 (Prior Session Legislation)

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



	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. The heading to Section 192.004, Election Code,
	is amended to read as follows:
	Sec. 192.004. ELECTOR CANDIDATE WITHDRAWAL [~~VACANCY~~].
	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 [~~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 5. 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 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.