• Texas Legislative Issues/News: Dealing with faithless electors
  • March 14, 2017
  • Law Firm: The Posey Law Firm P.C. - Austin Office
  • Texas Legislative Issues/News: The recent presidential election brought to the fore the idea of the so-called “faithless elector.” The situation is that in some states an elector can choose not to vote for the candidate that his or her state had chosen but rather some other candidate. Some groups that opposed the election of Donald Trump as president urged electors to switch their votes to deny him the required 270 electoral votes to become president. The effort came to naught, but now the Texas legislature is moving to make sure that faithless electors cannot choose some other candidate in the Lone Star State.

    According to WBAP News Talk Radio, State Senator-Elect Dawn Buckingham of Lakeway filed Senate Bill 394, which is also known as the Texas Elector Accountability Act. Texas State Rep. John Raney of Bryan has already filed a similar bill. The bills would impose civil penalties on the so-called faithless elector and ensure that he or she will never be chosen as an elector ever again.

    Michael Schofield of Houston has filed another bill that would automatically remove an elector should he or she attempt to vote for someone other than the candidate chosen by the voters in Texas on Election Day. The faithless elector would be replaced immediately from a list of alternates. State Senator Paul Bettencourt of Houston is sponsoring a similar bill in the State Senate.

    During the recent vote by the electors, one Texas elector voted for Ohio Gov. John Kasich, and another voted for former Congressman Ron Paul instead of Donald Trump. Another elector resigned before the vote was tallied.