HBA-NRS H.B. 281 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 281
By: Garcia
Elections
2/20/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that the candidates for president and vice president
who receive the greatest number of votes in Texas win all of Texas'
electoral votes. Maine and Nebraska laws, however, provide that candidates
for president and vice president receive one electoral vote for each
congressional district in which they receive the greatest number of votes
and two electoral votes if they receive the greatest number of votes
statewide. House Bill 281 modifies the state's electoral system to provide
that candidates for president and vice president receive one electoral vote
for each congressional district in which they receive the greatest number
of votes and two electoral votes if they receive the greatest number of
votes statewide. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 281 amends the Election Code to provide that the presidential
elector candidates must be designated such that one person serves as an
elector from each congressional district and two persons serve as at-large
electors from the state. The bill provides that an elector candidate from a
congressional district is elected if the candidates for president and vice
president that correspond to the elector receive the most votes in the
congressional district the elector represents. The bill provides that a
presidential elector from a congressional district must be a resident of
the district the elector is chosen to represent. The bill provides that
at-large elector candidates are elected if the candidates for president and
vice president that correspond to the elector receive the most votes
statewide. The bill removes the provision that the set of elector
candidates that is elected is the one that corresponds to the candidates
for president and vice president receiving the most votes.  

The bill authorizes the electors meeting to vote for president and vice
president to appoint a replacement elector after an election by the
majority vote of the qualified electors present that correspond to the same
candidates for president and vice president that received the most votes in
the area for which the replacement elector is chosen. If no such electors
are present, the bill provides that a replacement elector is chosen by the
majority vote of all the qualified electors present. 

EFFECTIVE DATE

September 1, 2001.