By Bailey H.B. No. 526
77R2003 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the selection of presidential electors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 192.002(a), Election Code, is amended to
1-5 read as follows:
1-6 (a) To be eligible to serve as a presidential elector, a
1-7 person must:
1-8 (1) be a qualified voter of this state;
1-9 (2) be a resident of the congressional district the
1-10 person is chosen to represent, if the person is an elector
1-11 designated under Section 192.003(b)(2); and
1-12 (3) [(2)] not hold the office of United States
1-13 senator, United States representative, or any other federal office
1-14 of profit or trust.
1-15 SECTION 2. Section 192.003, Election Code, is amended to read
1-16 as follows:
1-17 Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. (a) To
1-18 become a presidential elector candidate, a person must be nominated
1-19 as a political party's elector candidate in accordance with party
1-20 rules or named as an elector candidate by an independent or
1-21 write-in candidate for president.
1-22 (b) The presidential elector candidates must be designated
1-23 as follows:
1-24 (1) two persons to serve as at-large electors from the
2-1 state; and
2-2 (2) one person to serve as an elector from each
2-3 congressional district.
2-4 SECTION 3. Section 192.005, Election Code, is amended to read
2-5 as follows:
2-6 Sec. 192.005. VOTE REQUIRED FOR ELECTION. An elector
2-7 candidate is elected if:
2-8 (1) for the persons designated under Section
2-9 192.003(b)(1), the candidates for president and vice-president that
2-10 correspond to the electors receive the most votes in the state; and
2-11 (2) for a person designated under Section
2-12 192.003(b)(2), the candidates for president and vice-president that
2-13 correspond to the elector receive the most votes in the
2-14 congressional district the elector represents [The set of elector
2-15 candidates that is elected is the one that corresponds to the
2-16 candidates for president and vice-president receiving the most
2-17 votes].
2-18 SECTION 4. Section 192.007, Election Code, is amended to read
2-19 as follows:
2-20 Sec. 192.007. REPLACEMENT AFTER ELECTION. (a) The electors
2-21 meeting to vote for president and vice-president may appoint a
2-22 replacement elector as provided by Subsection (b) [by a majority
2-23 vote of the qualified electors present] if:
2-24 (1) the vacancy occurred before presidential election
2-25 day and a replacement was not chosen under Section 192.004;
2-26 (2) on or after presidential election day, an elector
2-27 is declared ineligible or dies; or
3-1 (3) the vacancy is declared under Section 192.006(c).
3-2 (b) A replacement elector is chosen by the majority vote of
3-3 the qualified electors present that correspond to the same
3-4 candidates for president and vice-president that received the most
3-5 votes in the area for which the replacement elector is chosen. If
3-6 there are no qualified electors present that correspond to the same
3-7 candidates for president and vice-president that received the most
3-8 votes in the area for which the replacement elector is chosen, a
3-9 replacement elector is chosen by the majority vote of all the
3-10 qualified electors present.
3-11 (c) The chair of the electors shall notify the secretary of
3-12 state of the name and residence address of a replacement elector
3-13 immediately on the replacement's appointment.
3-14 SECTION 5. This Act takes effect September 1, 2001.