88R21118 JON-D
 
  By: Murr H.B. No. 87
 
  Substitute the following for H.B. No. 87:
 
  By:  Swanson C.S.H.B. No. 87
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the presidential electors of this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 192.004, Election Code, is amended to
  read as follows:
         Sec. 192.004.  ELECTOR CANDIDATE WITHDRAWAL [VACANCY].
  [(a)] An elector candidate may withdraw from the presidential
  election before presidential election day, by delivering written
  notice of the withdrawal to:
               (1)  the secretary of state; and
               (2)  the state chair of the party that nominated the
  elector candidate or to the independent or write-in candidate for
  president who named the elector candidate.
         [(b)  If an elector candidate withdraws, dies, or is declared
  ineligible before presidential election day, a replacement elector
  candidate may be named by the party that nominated the elector
  candidate or by the independent or write-in candidate for president
  who named the elector candidate.
         [(c)  An independent or write-in candidate for president
  naming a replacement elector candidate must file with the secretary
  of state, before presidential election day, the name and residence
  address of the replacement candidate and a written statement,
  signed by the replacement candidate, that the person consents to be
  a candidate.
         [(d)  If a political party's rules do not provide the manner
  of choosing a replacement elector candidate, the party's state
  executive committee may choose the replacement candidate. The
  state chair of a political party naming a replacement elector
  candidate must file with the secretary of state, before
  presidential election day, the name and residence address of the
  replacement candidate.]
         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.  Subchapter A, Chapter 192, Election Code, is
  amended by adding Section 192.009 to read as follows:
         Sec. 192.009.  REPLACEMENT NOMINEE. An elector shall
  consider a replacement candidate certified under Subchapter C to be
  the presidential or vice-presidential candidate for whom the
  elector is the corresponding presidential elector candidate.
         SECTION 4.  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 INABILITY TO
  SERVE
         SECTION 5.  Section 192.062(a), Election Code, is amended to
  read as follows:
         (a)  The secretary of state shall certify in writing [for
  placement on the ballot] the name of a political party's
  replacement nominee for president or vice-president of the United
  States as follows [if]:
               (1)  for placement on the ballot for an [the] original
  nominee who withdraws, dies, or is declared ineligible on or before
  the 74th day before presidential election day if [; and
               [(2)] the party's state chair delivers certification of
  the replacement nominee's name, signed by the state chair, to the
  secretary of state not later than 5 p.m. of the 71st day before
  presidential election day; or
               (2)  to the nominating party's presidential elector
  candidates for an original nominee who withdraws, dies, or is
  declared ineligible after the 74th day before presidential election
  day if the party's state chair delivers certification of the
  replacement nominee's name, signed by the state chair, to the
  secretary of state not later than 2 p.m. on the Monday after the
  second Wednesday in December of a presidential election year.
         SECTION 6.  Section 192.064(a), Election Code, is amended to
  read as follows:
         (a)  The secretary of state shall certify in writing [for
  placement on the ballot] the name of a replacement
  vice-presidential running mate for an independent candidate for
  president of the United States as follows [if]:
               (1)  for placement on the ballot for an [the] original
  running mate who withdraws, dies, or is declared ineligible on or
  before the 74th day before presidential election day if [; and
               [(2)] the independent presidential candidate delivers
  certification of the replacement running mate's name, signed by the
  presidential candidate, to the secretary of state not later than 5
  p.m. of the 71st day before presidential election day; or
               (2)  to the presidential candidate's corresponding
  presidential elector candidates for an original running mate who
  withdraws, dies, or is declared ineligible after the 74th day
  before presidential election day if the independent presidential
  candidate delivers certification of the replacement running mate's
  name, signed by the presidential candidate, to the secretary of
  state not later than 2 p.m. on the Monday after the second Wednesday
  in December of a presidential election year.
         SECTION 7.  Subchapter C, Chapter 192, Election Code, is
  amended by adding Section 192.065 to read as follows:
         Sec. 192.065.  CERTIFICATION OF WINNING CANDIDATE'S
  INABILITY TO SERVE; AFFIRMATION OR DENIAL BY ELECTORS. (a) The
  secretary of state shall certify on the seventh day before the
  meeting of electors that a candidate for president or vice
  president who received the most votes in this state in the general
  presidential election is willing and able to serve in the position
  for which the candidate was elected, unless the secretary of state
  has received a written certification from one of the following
  individuals, in order of precedence, that the candidate is unable
  or unwilling to serve:
               (1)  the candidate;
               (2)  the executive director of the candidate's
  campaign; or
               (3)  the candidate's spouse or, if the candidate does
  not have a surviving spouse, the person to whom the candidate's
  estate would descend under Section 201.001, Estates Code.
         (b)  Upon receipt of a certification under Subsection (a),
  the secretary of state shall notify the party of the candidate who
  submitted the certification and post the certification on the
  secretary of state's Internet website.
         (c)  The secretary of state may promulgate a form for a
  certification under this section of inability or unwillingness to
  serve.
         (d)  If before the meeting of electors the secretary of state
  receives a certification under Subsection (a) that a candidate is
  unwilling or unable to serve, the electors shall first vote on the
  issue of whether that 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, Sections 192.102,
  192.103(b), 192.103(d), and 192.104(d) and (e) do not apply to that
  meeting of electors with respect to that candidate.
         SECTION 8.  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. Each
  elector position in this state must be nominated in accordance with
  political party rules or by an independent or write-in presidential
  candidate, as applicable. Except as otherwise provided in Sections
  192.006, 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 sixth 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 is vacant if the elector has
  failed to execute the oath under Section 192.102.
         (c)  The secretary of state shall fill a vacancy with a
  substitute elector nominated in accordance with political party
  rules or named by an independent or write-in candidate for
  president, as applicable.  A substitute elector who is filling the
  position of an elector is considered an elector for purposes of this
  chapter.  If a person's position as elector is determined to be
  vacant, the person may not serve as a substitute elector with
  respect to that meeting of electors.
         (d)  To qualify as a substitute elector under Subsection (c),
  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,
  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 and read each vote publicly.
         (c)  The secretary of state shall accept as cast all ballots
  of electors whose votes are consistent with their oaths executed
  under Section 192.102 or 192.103(d). 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.
         (d)  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(d) vacates
  the office of elector, creating a vacant position to be filled under
  Section 192.103.
         (e)  The secretary of state shall distribute ballots to and
  collect ballots from each 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 9.  Section 192.007, Election Code, is repealed.
         SECTION 10.  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, 2023.