Tex. Elec. Code § 192.065 · Subchapter C. WITHDRAWAL, DEATH, AND INELIGIBILITY OF PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES; CERTIFICATION OF INABILITY TO SERVE
CERTIFICATION OF WINNING CANDIDATE'S INABILITY TO SERVE; AFFIRMATION OR DENIAL BY ELECTORS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The secretary of state shall certify on the seventh day before the meeting of electors that a candidate for president or vice president who received the most votes in this state in the general presidential election is willing and able to serve in the position for which the candidate was elected, unless the secretary of state has received a written certification from one of the following individuals, in order of precedence, that the candidate is unable or unwilling to serve:
(1) the candidate;
(2) the executive director of the candidate's campaign; or
(3) the candidate's spouse or, if the candidate does not have a surviving spouse, the person to whom the candidate's estate would descend under Section 201.001, Estates Code.
(b) Upon receipt of a certification under Subsection (a), the secretary of state shall notify the party of the candidate who submitted the certification and post the certification on the secretary of state's Internet website.
(c) The secretary of state may promulgate a form for a certification under this section of inability or unwillingness to serve.
(d) If before the meeting of electors the secretary of state receives a certification under Subsection (a) that a candidate is unwilling or unable to serve, the electors shall first vote on the issue of whether that candidate is willing and able to serve in the position for which the candidate was elected. If a majority of electors vote that the candidate is not willing or able to serve in the position for which the candidate was elected, Sections 192.102, 192.103(b), 192.103(d), and 192.104(d) and (e) do not apply to that meeting of electors with respect to that candidate.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 7, eff. June 18, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/EL/htm/EL.192.htm
- Text hash
- sha256 04aa279b9e29d56e5898e529eed4118aa2056cbeefd371427c29be04ca9c37ff
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Election Code
- Tex. Elec. Code § 192.102OATH.Printed as Sections 192.102, 192.103(b), 192.103(d), and 192.104(d)
- Tex. Elec. Code § 192.103PRESIDING OFFICER; ELECTOR VACANCY.Printed as Sections 192.102, 192.103(b), 192.103(d), and 192.104(d)
- Tex. Elec. Code § 192.104ELECTOR VOTING.Printed as Sections 192.102, 192.103(b), 192.103(d), and 192.104(d)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.