By Jones of Dallas                                    H.B. No. 1852
         77R6682 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to voting by presidential electors; providing a criminal
 1-3     penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter A, Chapter 192, Election Code, is
 1-6     amended by adding Section 192.0065 to read as follows:
 1-7           Sec. 192.0065.  ELECTORS REQUIRED TO VOTE FOR CANDIDATES;
 1-8     PENALTY. (a)  An elector shall vote by open ballot for the
 1-9     candidates for president and vice-president that correspond to the
1-10     political party or independent or write-in candidate for which the
1-11     elector was chosen.  An elector shall sign the ballot the elector
1-12     casts.
1-13           (b)  Before casting a vote, an elector must sign an affidavit
1-14     stating that the elector will cast a vote as required by Subsection
1-15     (a).  The secretary of state shall prescribe the form of the
1-16     affidavit.
1-17           (c)  If an elector fails to vote as required by Subsection
1-18     (a):
1-19                 (1)  the vote may not be counted;
1-20                 (2)  the elector position shall be declared vacant by
1-21     the remaining electors; and
1-22                 (3)  the resulting vacancy shall be filled in the
1-23     manner prescribed by Section 192.007.
1-24           (d)  An elector commits an offense if the elector fails to
 2-1     vote as required by Subsection (a).  An offense under this
 2-2     subsection is a misdemeanor punishable by a fine not to exceed
 2-3     $1,000.
 2-4           SECTION 2. Section 192.007, Election Code, is amended by
 2-5     amending Subsection (a) and adding Subsection (c) to read as
 2-6     follows:
 2-7           (a)  The electors meeting to vote for president and
 2-8     vice-president may appoint a replacement elector from the list
 2-9     provided to the secretary of state under Subsection (c) by a
2-10     majority vote of the qualified electors present if:
2-11                 (1)  the vacancy occurred before presidential election
2-12     day and a replacement was not chosen under Section 192.004;
2-13                 (2)  on or after presidential election day, an elector
2-14     is declared ineligible or dies; or
2-15                 (3)  the vacancy is declared under Section 192.006(c).
2-16           (c)  Not later than the Friday preceding the date electors
2-17     are to vote under Section 192.006(a), a political party or an
2-18     independent or write-in candidate that corresponds to the electors
2-19     chosen to vote shall submit to the secretary of state a list of
2-20     names of persons to serve as replacement electors under this
2-21     section.  For a political party, the method of providing the names
2-22     on the list shall be determined in accordance with party rules.
2-23           SECTION 3. This Act takes effect September 1, 2001.