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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a presidential elector to vote for the |
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candidates for president and vice-president who won the popular |
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vote in this state for those offices; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.003, Election Code, is amended to |
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read as follows: |
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Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. To |
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become a presidential elector candidate or alternate elector, a |
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person must be nominated as a political party's elector candidate |
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or alternate elector in accordance with party rules or named as an |
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elector candidate or alternate elector by an independent or |
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write-in candidate for president. |
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SECTION 2. Section 192.006, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) The electors and alternate electors shall convene at the |
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State Capitol at 2 p.m. on the first Monday after the second |
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Wednesday in December following their election and shall perform |
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their duties as prescribed by federal law. |
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(d) An elector must cast a ballot for a candidate for |
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president or vice-president that corresponds to the candidates who |
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received the most votes cast in this state for those offices. An |
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attempt to cast a ballot in a manner other than the manner required |
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by this subsection: |
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(1) is not valid and is not considered a vote cast by |
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an elector; and |
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(2) creates a vacancy in the position of the elector |
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attempting to cast the ballot. |
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SECTION 3. Section 192.007, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A replacement elector for a vacancy created under |
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Section 192.006(d)(2) must be from the list of alternate electors |
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described by Section 192.031(c) or 192.032(i). |
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SECTION 4. Section 192.008(a), Election Code, is amended to |
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read as follows: |
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(a) In performing their official duties, presidential |
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electors and alternate electors are entitled to the same allowances |
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for travel expenses as those granted to state employees. |
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SECTION 5. Subchapter A, Chapter 192, Election Code, is |
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amended by adding Section 192.009 to read as follows: |
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Sec. 192.009. REQUIRED VOTE BY ELECTOR. (a) At the meeting |
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of electors, an elector shall vote for the candidates for president |
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and vice-president receiving the most votes in the general election |
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for state and county officers. |
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(b) An elector who violates Subsection (a) is liable to this |
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state for a civil penalty of $5,000. |
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SECTION 6. Section 192.031, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The party's state chair may provide a list of alternate |
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electors for a vacancy created under Section 192.006(d)(2) in a |
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number not to exceed the number of electors described by Subsection |
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(a)(2)(B). |
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SECTION 7. Section 192.032, Election Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) An independent candidate may provide a list of alternate |
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electors for a vacancy created under Section 192.006(d)(2) in a |
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number not to exceed the number of electors described by Subsection |
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(b)(2). |
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SECTION 8. This Act takes effect September 1, 2017. |