Office of House Bill AnalysisH.B. 1852
By: Jones, Jesse


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. 


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. 


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.  


September 1, 2001.