HBA-CMT H.B. 1852 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1852 By: Jones, Jesse Elections 3/6/2001 Introduced BACKGROUND AND PURPOSE The electoral college was established by the United States Constitution and modified by the 12th and 23th amendments. The electoral college is composed of 538 members, representing one elector for each senator and representative, and three additional electors representing the District of Columbia. Currently, some states have adopted laws governing the selection and responsibilities of electors for that state. House Bill 1852 establishes laws to govern the responsibilities of selected electors and the selection of replacement electors. 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 1852 amends the Election Code to require an elector to vote by open ballot for the candidates for president and vice-president that correspond to the political party or independent or write-in candidate for which the elector was chosen, and to require the elector to sign the ballot that the elector casts. Prior to casting a vote, an elector must sign an affidavit stating that the elector will cast a vote as required in the manner described above. The secretary of state is required to prescribe the form of the affidavit. If an elector fails to vote as required, the vote may not be counted, the elector position is required to be declared vacant by the remaining electors, and it is required that the resulting vacancy be filled in the manner prescribed in the Election Code. An elector who fails to vote as required commits a misdemeanor punishable by a fine not to exceed $1,000. The bill authorizes the electors meeting to vote for president and vice-president to appoint a replacement elector from the list of approved replacement electors provided by the secretary of state by a majority vote of qualified electors present. No later than the Friday preceding the date electors are to vote, a political party or an independent or write-in candidate that corresponds to the electors chosen to vote is required to submit to the secretary of state a list of names of persons to serve as replacement electors. The method of providing the names on the list is required to be determined in accordance with party rules. EFFECTIVE DATE September 1, 2001.