Wednesday, November 20, 2019

The rules for selecting presidential electors in Texas' two major parties

The Rules of the Texas Republican Party

Rule No. 39 – Presidential Electors

At the Biennial State Convention in presidential election years, the delegates from each Congressional District shall nominate one (1) Presidential Elector and such nomination shall be presented to the National Nominations Committee; additionally, the National Nominations Committee shall select additional nominees to bring to total number of nominees to the number allowed by law.

Each such nominee for Presidential Elector, prior to the report of the National Nominations Committee, shall file with the Chairman of the National Nominations Committee an affidavit in writing as to the nominee’s commitment to vote for the Republican Party’s nominees for President and Vice President. The report of the National Nominations Committee shall include only nominees who have so filed such affidavit. The report of the National Nominations Committee must include the nominees from the Congressional District who have so filed affidavits. The Convention shall then elect the Presidential Electors.

Any vacancy among the Presidential Electors shall be filled by majority vote of the SREC, with the conditions that

1) the person elected to fill the vacancy shall have already filed with the State Chairman an affidavit in writing as to his or her commitment to vote for the Republican Party’s nominees for President and Vice President and

(2) if the vacancy occurs for a person who had been nominated by his or her Congressional District Caucus at the biennial State Convention then the SREC shall elect a person who has filed such an affidavit, has made an affiliation with the Republican Party of Texas under Chapter 162 of the TEC, and resides in that same congressional district at the time he or she is elected by the SREC to be a replacement Presidential Elector.


The Rules of the Texas Democratic Party

10. Election of Presidential Elector Candidates. At its State Convention, in presidential years, the Party shall nominate as many Presidential Elector candidates as the total number of U.S. Senators and U.S. Representatives to which the state legally is entitled at that time.

a. Qualifications. The qualifications for Presidential Elector candidates shall be the same as those prescribed for Party membership in Article II.B of these Rules. Legally, however, a Presidential Elector may not be a member of the United States Congress or anyone who “holds any other federal office of profit or trust.” (Texas Election Code §192.002)

b. Duties. The duties of Presidential Electors shall be to meet in the Capitol Building at Austin on the first Monday after the second Wednesday in December following their election (or at such other time and place as may be required by law), and to vote for President and Vice President of the United States, making such return thereof as is required by federal law.

c. Election Procedure. Presidential Elector candidates shall be chosen in the following manner: (1) Each Senatorial District Caucus shall elect by majority vote one candidate for Presidential Elector. If Texas is entitled to more than 31 Electors, each senatorial district shall be entitled to one Elector and the remaining Elector positions shall go to the senatorial districts with the highest vote for the Democratic nominee in the preceding presidential election in descending order, until all positions are allocated. (2) The names of all Electors so chosen by the Senatorial District Caucuses shall be submitted to the Convention’s Permanent Nominations Committee for SDEC members. The Committee shall compile a list of these Electors to report to the Convention and shall make any additional nominations or any determinations by lot necessary to make the slate numerically correct. The required number of Presidential Elector candidates shall be certified to the Secretary of State by the State Chair and Secretary at least 70 days before the election. (Texas Election Code §192.031)

d. Affidavit. After the Party’s National Convention and prior to September 1, each Presidential Elector candidate shall file with the State Chair a written affidavit attesting their intention to support the Party’s Presidential and Vice Presidential nominees. Any Elector candidate chosen at the State Convention who fails to file such an affidavit shall be replaced by the SDEC with an Elector from the same senatorial district.

e. Vacancies. If for any cause, before the General Election, a Party’s chosen Elector becomes legally disqualified, the State Chair shall certify the replacement name and address to the Secretary of State. If for any cause, after the General Election, a Party’s chosen Elector fails to attend the meeting of the Electors and vote as required by law, or if an Elector becomes legally disqualified, a majority of the qualified Electors present after having convened may appoint a successor and shall report such action immediately to the Secretary of State. (Required by Texas Election Code § 192.004 and § 192.007)