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A BILL TO BE ENTITLED
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AN ACT
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relating to the required vote by a presidential elector. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 192.002(a), Election Code, is amended to |
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read as follows: |
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(a) To be eligible to serve as a presidential elector, a |
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person must: |
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(1) be a qualified voter of this state; [and] |
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(2) not hold the office of United States senator, |
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United States representative, or any other federal office of profit |
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or trust; and |
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(3) meet all other eligibility requirements provided |
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by this subchapter, and if representing a political party, by party |
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rules. |
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SECTION 2. 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 AND ALTERNATE |
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ELECTOR NOMINEE [CANDIDATE]. (a) For each presidential elector |
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position in this state, the state chair of a political party |
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contesting the position in accordance with this section and party |
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rules, or an independent or write-in candidate for president, shall |
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submit to the secretary of state the names of two qualified |
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individuals. One of the individuals must be designated "elector |
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nominee" and the other "alternate elector nominee." |
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(b) Each political party that holds a national presidential |
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nominating convention shall adopt rules providing for the selection |
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of elector nominees and alternate elector nominees. The rules |
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shall provide that a presidential nominee of that party, not later |
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than the close of the national presidential nominating convention, |
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shall provide a list of persons eligible for nomination as |
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alternate elector nominee to the state chair of a political party. |
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The state chair shall forward the names of these individuals to the |
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secretary of state as the party's nominees for alternate elector |
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nominee. If the presidential nominee does not timely provide the |
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list required by this section, the party rules shall provide an |
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alternate method of selection of alternate elector nominees, and |
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any vacancy shall be filled as prescribed by Section 192.004. [To
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become a presidential elector candidate, a person must be nominated
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as a political party's elector candidate in accordance with party
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rules or named as an elector candidate by an independent or write-in
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candidate for president.] |
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SECTION 3. Subchapter A, Chapter 192, Election Code, is |
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amended by adding Sections 192.0031 and 192.0032 to read as |
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follows: |
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Sec. 192.0031. PLEDGE. (a) If required by political party |
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rule, each elector nominee and alternate elector nominee of the |
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political party shall execute the following pledge before a notary: |
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"If selected for the position of elector, I agree to serve and to |
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mark my ballots for President and Vice President for the nominees |
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for those offices of the party that nominated me." |
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(b) Each elector nominee and alternate elector nominee of an |
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independent or write-in presidential candidate shall execute the |
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following pledge before a notary: "If selected for the position of |
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elector as a nominee of an independent or write-in presidential |
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candidate, I agree to serve and to mark my ballots for that |
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candidate and for that candidate's vice-presidential running |
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mate." |
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(c) The executed pledges, if required, must accompany the |
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submission of the corresponding names to the secretary of state. |
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Sec. 192.0032. CERTIFICATION OF ELECTORS. In submitting |
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this state's certificate of ascertainment as required by 3 U.S.C. |
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Section 6, the secretary of state shall certify this state's |
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electors and state in the certificate that: |
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(1) the electors will serve as electors unless a |
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vacancy occurs in the office of elector before the end of the |
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meeting at which elector votes are cast, in which case a substitute |
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elector will fill the vacancy; and |
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(2) if a substitute elector is appointed to fill a |
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vacancy, the secretary of state will submit an amended certificate |
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of ascertainment stating the names on the final list of this state's |
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electors. |
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SECTION 4. Section 192.004, Election Code, is amended to |
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read as follows: |
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Sec. 192.004. ELECTOR NOMINEE AND ALTERNATE ELECTOR NOMINEE |
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[CANDIDATE] VACANCY. (a) An elector nominee or alternate elector |
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nominee [candidate] may withdraw from the presidential election |
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before presidential election day, or if elected, may resign on or |
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after the presidential election day, by delivering written notice |
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of the withdrawal or resignation to: |
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(1) the secretary of state; and |
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(2) the state chair of the party that nominated the |
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elector nominee or alternate elector nominee [candidate] or to the |
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independent or write-in candidate for president who named the |
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elector nominee or alternate elector nominee [candidate]. |
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(b) If an elector nominee or alternate elector nominee |
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[candidate] withdraws, dies, or is declared ineligible before |
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presidential election day, a replacement elector nominee or |
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alternate elector nominee [candidate] may be named by the party |
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that nominated the elector nominee or alternate elector nominee |
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[candidate] or by the independent or write-in candidate for |
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president who named the elector nominee or alternate elector |
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nominee [candidate]. |
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(c) An independent or write-in candidate for president |
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naming a replacement elector nominee or alternate elector nominee |
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[candidate] must file with the secretary of state, before |
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presidential election day, the name and residence address of the |
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replacement nominee [candidate] and a written statement, signed by |
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the replacement nominee [candidate], that the person consents to be |
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a nominee, and the executed pledge if required under Section |
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192.0031 [candidate]. |
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(d) If a political party's rules do not provide the manner |
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of choosing a replacement elector nominee or alternate elector |
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nominee [candidate], the party's state executive committee may |
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choose the replacement nominee [candidate]. The state chair of a |
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political party naming a replacement elector nominee or alternate |
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elector nominee [candidate] must file with the secretary of state, |
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before presidential election day, the name and residence address of |
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the replacement nominee, and the executed pledge if required under |
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Section 192.0031 [candidate]. |
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SECTION 5. Section 192.005, Election Code, is amended to |
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read as follows: |
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Sec. 192.005. VOTE REQUIRED FOR ELECTION. The set of |
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elector nominees or alternate elector nominees [candidates] that is |
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elected is the one that corresponds to the candidates for president |
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and vice-president receiving the most votes. |
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SECTION 6. Section 192.006, Election Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) If an elector or alternate elector resigns, dies, or is |
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declared ineligible on or after presidential election day or if a |
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vacancy occurs at the meeting of electors, the secretary of state |
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shall appoint an individual as a substitute elector to fill that |
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vacancy as follows: |
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(1) if the alternate elector is present to vote, by |
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appointing the alternate elector for the vacant position; |
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(2) if the alternate elector for the vacant position |
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is not present to vote, by appointing an elector chosen by lot from |
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the alternate electors present to vote who were nominated by the |
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same political party or presidential candidate; |
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(3) if the number of alternate electors present to |
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vote is insufficient to fill any vacant position under Subdivisions |
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(1) and (2), by appointing any immediately available individual who |
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is qualified to serve as an elector and chosen through nomination by |
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and plurality vote of the remaining electors, including nomination |
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and vote by a single elector if only one remains; |
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(4) if there is a tie between at least two nominees for |
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substitute elector in a vote conducted under Subdivision (3), by |
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appointing an elector chosen by lot from among those nominees; or |
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(5) if all elector positions are vacant and cannot be |
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filled under Subdivisions (1) through (4), by appointing a single |
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presidential elector, with the remaining vacant positions to be |
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filled under Subdivision (3) and, if necessary, Subdivision (4). |
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(e) If required by political party rule, to qualify as a |
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substitute elector under Subsection (d), an individual who has not |
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executed the pledge under Section 192.0031 shall execute the |
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following pledge: "I agree to serve and to mark my ballots for |
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President and Vice President consistent with the pledge of the |
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individual to whose elector position I have succeeded." |
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SECTION 7. Subchapter A, Chapter 192, Election Code, is |
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amended by adding Section 192.0061 to read as follows: |
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Sec. 192.0061. ELECTOR VOTING. (a) At the time designated |
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for elector voting and after all vacant positions have been filled |
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under Section 192.006, the chair shall provide each elector with a |
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presidential and a vice-presidential ballot. The elector shall mark |
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the elector's presidential and vice-presidential ballots with the |
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elector's votes for the offices of president and vice-president, |
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respectively, along with the elector's signature and the elector's |
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legibly printed name. |
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(b) Each elector shall present both completed ballots to the |
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chair, who shall examine the ballots and accept as cast all ballots |
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of electors whose votes are consistent with the requirements of |
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this chapter, including any pledges required to be executed under |
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Section 192.0031 or 192.006(e). |
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(c) An elector who refuses to present a ballot, presents an |
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unmarked ballot, presents a ballot marked in violation of any |
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pledge executed by the elector under Section 192.0031 or |
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192.006(e), or refuses or otherwise fails to vote for the |
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candidates for president and vice-president receiving the most |
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votes in this state in the general election: |
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(1) is ineligible to serve; |
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(2) may never serve as an elector or alternate elector |
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in this state; and |
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(3) vacates the office of elector, creating a vacant |
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position to be filled under Section 192.006. |
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(d) The chair shall distribute ballots to and collect |
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ballots from a substitute elector and repeat the process under this |
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section of examining ballots, declaring and filling vacant |
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positions as required, and recording appropriately completed |
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ballots from the substituted electors, until all of this state's |
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electoral votes have been cast and recorded. |
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SECTION 8. Section 192.007, Election Code, is amended to |
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read as follows: |
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Sec. 192.007. ELECTOR REPLACEMENT; ASSOCIATED CERTIFICATES |
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[AFTER ELECTION]. (a) After the vote of this state's electors is |
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completed, if the final list of electors differs from any list that |
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the secretary of state previously included on a certificate of |
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ascertainment prepared and transmitted under 3 U.S.C. Section 6, |
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the secretary of state immediately shall prepare an amended |
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certificate of ascertainment and transmit it to the governor for |
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the governor's signature [The electors meeting to vote for
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president and vice-president may appoint a replacement elector by a
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majority vote of the qualified electors present if:
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[(1)
the vacancy occurred before presidential
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election day and a replacement was not chosen under Section
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192.004;
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[(2)
on or after presidential election day, an elector
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is declared ineligible or dies; or
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[(3)
the vacancy is declared under Section
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192.006(c)]. |
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(b) The electors shall prepare a certificate of vote. The |
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electors on the final list shall sign the certificate. The electors |
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shall process and transmit the signed certificate with the amended |
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certificate of ascertainment under 3 U.S.C. Sections 9, 10, and 11 |
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[chair of the electors shall notify the secretary of state of the
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name and residence address of a replacement elector immediately on
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the replacement's appointment]. |
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SECTION 9. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 10. This Act takes effect September 1, 2017. |