86R6023 ATP-D
 
  By: Swanson H.B. No. 4128
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the required vote by a presidential elector and related
  procedures.
         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.  Section 192.006(b), Election Code, is amended to
  read as follows:
         (b)  The secretary of state shall arrange for the meeting
  place, notify the electors, and call the meeting to order. [The
  secretary shall act as temporary chair of the meeting until the
  electors elect a chair from among themselves.]
         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.  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 5.  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. For each
  elector position in this state, a political party nominating a
  presidential candidate, or an independent presidential candidate,
  shall submit to the secretary of state the names of two qualified
  individuals. One of the individuals must be designated "elector
  nominee" and the other "alternate elector nominee." 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 appoint an individual as a substitute
  elector to fill a vacancy as follows:
               (1)  if the alternate elector is present to vote, by
  appointing the alternate elector for the vacant position; 
               (2)  if the alternate elector for the vacant position
  is not present to vote, by appointing an elector chosen by lot from
  among the alternate electors present to vote who were nominated by
  the same political party or independent presidential candidate; 
               (3)  if the number of alternate electors present to
  vote is insufficient to fill any vacant position under Subdivisions
  (1) and (2), by appointing any immediately available individual who
  is qualified to serve as an elector and chosen through nomination by
  and plurality vote of the remaining electors, including nomination
  and vote by a single elector if only one remains; 
               (4)  if there is a tie between at least two nominees for
  substitute elector in a vote conducted under Subdivision (3), by
  appointing an elector chosen by lot from among those nominees; or
               (5)  if all elector positions are vacant and cannot be
  filled under Subdivisions (1) through (4), by appointing a single
  presidential elector, with remaining vacant positions to be filled
  under Subdivision (3) and, if necessary, Subdivision (4). 
         (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 6.  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 7.  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 September 1, 2019.