By: Barrientos S.B. No. 185
73R2323 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the method of choosing presidential electors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 192.005, Election Code, is amended to
1-5 read as follows:
1-6 Sec. 192.005. METHOD OF <VOTE REQUIRED FOR> ELECTION.
1-7 (a) Two electors shall be elected statewide and one elector shall
1-8 be elected from each congressional district.
1-9 (b) The elector candidate for a congressional district who
1-10 corresponds to the candidates for president and vice-president
1-11 receiving the most votes in that congressional district is elected.
1-12 (c) The two statewide elector candidates who correspond to
1-13 the candidates for president and vice-president receiving the most
1-14 votes statewide are elected <The set of elector candidates that is
1-15 elected is the one that corresponds to the candidates for president
1-16 and vice-president receiving the most votes>.
1-17 SECTION 2. Section 192.007, Election Code, is amended to
1-18 read as follows:
1-19 Sec. 192.007. Replacement After Election. (a) The electors
1-20 meeting to vote for president and vice-president may appoint a
1-21 replacement elector <by a majority vote of the qualified electors
1-22 present> if:
1-23 (1) the vacancy occurred before presidential election
1-24 day and a replacement was not chosen under Section 192.004;
2-1 (2) on or after presidential election day, an elector
2-2 is declared ineligible or dies; or
2-3 (3) the vacancy is declared under Section 192.006(c).
2-4 (b) A replacement elector for a congressional district is
2-5 appointed by a majority vote of the qualified electors present who
2-6 correspond to the same candidates for president and vice-president
2-7 who received the most votes in the district with the vacancy. If
2-8 there are no qualified electors present who correspond to the same
2-9 candidates for president and vice-president who received the most
2-10 votes in the district with the vacancy, then a replacement elector
2-11 for a congressional district is appointed by a majority vote of the
2-12 qualified electors present.
2-13 (c) A statewide replacement elector is appointed by a
2-14 majority vote of the qualified electors present who correspond to
2-15 the same candidates for president and vice-president that received
2-16 the most votes statewide.
2-17 (d) The chairman of the electors shall notify the secretary
2-18 of state of the name and residence address of a replacement elector
2-19 immediately on the replacement's appointment.
2-20 SECTION 3. Section 192.031, Election Code, is amended to
2-21 read as follows:
2-22 Sec. 192.031. Party Candidate's Entitlement to Place on
2-23 Ballot. A political party is entitled to have the names of its
2-24 nominees for president and vice-president of the United States
2-25 placed on the ballot in a presidential general election if:
2-26 (1) the nominees possess the qualifications for those
2-27 offices prescribed by federal law;
3-1 (2) before 5 p.m. of the 60th day before presidential
3-2 election day, the party's state chairman signs and delivers to the
3-3 secretary of state a written certification of:
3-4 (A) the names of the party's nominees for
3-5 president and vice-president; and
3-6 (B) the names and residence addresses of the
3-7 statewide and congressional district presidential elector
3-8 candidates nominated by the party<, in a number equal to the number
3-9 of presidential electors that federal law allocates to this state>;
3-10 and
3-11 (3) the party is:
3-12 (A) required or authorized by Subchapter A of
3-13 Chapter 172 to make its nominations by primary election; or
3-14 (B) entitled to have the names of its nominees
3-15 placed on the general election ballot under Chapter 181.
3-16 SECTION 4. Section 192.032(b), Election Code, is amended to
3-17 read as follows:
3-18 (b) An application must:
3-19 (1) comply with Section 141.031, except that:
3-20 (A) the application is not required to include a
3-21 candidate's occupation, length of residence, or statement that the
3-22 candidate is aware of the nepotism law; and
3-23 (B) the application must contain the applicable
3-24 information required by Section 141.031(4) with respect to both the
3-25 presidential candidate and the running mate;
3-26 (2) state the names and residence addresses of the
3-27 statewide and congressional district presidential elector
4-1 candidates <in a number equal to the number of presidential
4-2 electors that federal law allocates to the state>; and
4-3 (3) be accompanied by:
4-4 (A) a petition that satisfies the requirements
4-5 prescribed by Section 141.062; and
4-6 (B) written statements signed by the
4-7 vice-presidential candidate and each of the presidential elector
4-8 candidates indicating that each of them consents to be a candidate.
4-9 SECTION 5. Section 243.012(b), Election Code, is amended to
4-10 read as follows:
4-11 (b) The decision shall declare which <set of> presidential
4-12 elector candidates were <was> elected.
4-13 SECTION 6. This Act takes effect September 1, 1993.
4-14 SECTION 7. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.