Legislative Blog

J.B. Williams, J.D.

3 bills that modify the Election Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 87 - Requires electors to swear an oath to vote for the party or independent that selected them, and removes them should they not take the oath or vote accordingly.

SB 477 - Modifies the rules for voters with disability to be shall rather than may. Sets out additional guidelines that must be followed.

SB 1131 - This applies to certain districts that currently do not hold their election of officers on the November uniform election date and permits them to change it to the November uniform election date.

3 bills that modify the Election Code

Published: 2024-04-03

HB 87

Presidential electors of Texas

Elector candidate is simplified for withdrawal before election day. And Certification of inability to service is added to withdrawal, death and ineligibility of presidential and vice-presidential candidates. The replacement of a political party's nominee states:

• for placement on the ballot for an original nominee who withdraws, dies or is declared ineligible on or before the 74th day before the election:
  1. if the party's state chair delivers the certification of the replacement nominee's name to the secretary of state not later than 5 p.m. on the 71st day before the election or
  2. if the nominating party's presidential elector candidates for the original nominee who dies, withdraws, or is declared ineligible after the 74th day before election and the party's state chair certifies the replacement to the secretary of state no later than 2pm on the Monday after the second Wednesday in December of the election year.

The secretary of state shall certify on the 7th day before the meeting of the electors the candidate that received the most votes in Texas and that the person is willing and able to serve, unless the secretary of state has received a written certification from one of the following that the candidate is unable or unwilling to serve:

1. the candidate;
2. the executive director of the candidate's campaign;
3. the candidate's spouse or, if they have no spouse, then the person to whom the candidate's estate would pass;

Upon receipt of a certification, the party who it was submitted about is to receive it and it should be posted on the Internet website for the secretary of state of Texas.

Electors are chosen by party or independent candidate rules. The state's electors are the winning elector nominees under the laws of Texas. Seven days prior to elector meeting, the nominees shall take an oath swearing to serve and mark the ballot for the president and vice president for the nominees for the party that nominated them. Six days prior to the elector meeting, the nominees for an independent party shall swear to serve and mark the ballots for the independent candidate and their running mate.

The secretary of state shall preside at the meeting of the electors. The position on an elector is vacant if the elector has failed to execute their oath. The secretary of state shall fill any vacancy with a substitute elector according to the political party rules or the named independent rules. To serve as a substitute elector, they must execute an oath swearing to serve and mark their ballots consistent with the oath of the individual whose elector seat I have succeeded.

The secretary of state shall provide the ballots to the electors, who shall vote according to their sworn oath, along with signing and legibly printing their name on the ballot. The secretary of state shall accept all ballots that are consistent with their oaths. The secretary of state may not accept any ballots that are in violation of the elector's oath. Any elector that refuses to present a ballot, presents an unmarked ballot, or marks the ballot in violation of their oath vacates the office of the elector, creating a vacancy.

SB 477

Accommodating voters with disability

Changes the acceptance of a person with mobility problems ahead of others who were there first from a may to a shall. The notice is modified as well to state shall rather than may; and the issues that create the disability remain the same a previously stated. (The following information added) All the procedures and accommodations for voters with disability must be posted on the county clerk's Internet website. (I know from personal experience, that the voting locations near me were accommodating with voters that had mobility issues. The election officer even advised when I first ask that they would come out to the vehicle to allow them to vote from the vehicle via and electronic tablet.)

This is all added. Each polling location must have at least 1 parking space designated and clearly marked for use by a voter who is unable to enter the polling place and display in large font that is clearly readable from the vehicle, a telephone number the voter may call or text to request assistance. (Now the phone number was not always large enough to read from a vehicle, though one polling location made it sufficiently large and I made sure to tell one of the election officials/volunteers that this was greatly appreciated.) Alternatively a button or intercom may be provided so that the voter can request assistance in that manner.

This is also added. The early voting clerk must provide an application form for early voting ballot on the clerk's Internet website. The form shall be able to be completed on line prior to printing. The secretary of state will have such form that the clerk may use, or they may use their own form.

SB 1131

The authority of certain independent school districts to change the date of the general election for officers

Those independent school districts that border the United Mexican State and have a population of at least 450,000 but not more than 870,000, and that hold their election for officers on a date that does not coincide with the November uniform election date; those districts may change their date to the November uniform election date. This section automatically expires in January 1, 2029.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.