Amendments	Fiscal Memos
HA0638	Amendment 1-0 to HB1794

	Amendments	Fiscal Memos
SA0890	Amendment 1-1 to SB1723

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

DESIGNATION OF STATE'S ELECTORS

For each individual selected as a presidential elector in this state ("elector"), this bill requires a political party contesting the position, or an unaffiliated presidential candidate, to submit to the secretary of state the names of two qualified individuals. One of the individuals must be designated "elector nominee" and the other "alternate elector nominee." Generally, this bill provides that this state's electors are the winning elector nominees under the laws of this state.

PLEDGE

This bill requires each elector nominee and alternate elector nominee of a political party to execute the following pledge: "If selected for the position of elector, I agree to serve and to mark my ballots for President and Vice President for the nominees for those offices of the party that nominated me."

This bill requires each elector nominee and alternate elector nominee of an unaffiliated presidential candidate to execute the following pledge: "If selected for the position of elector as a nominee of an unaffiliated presidential candidate, I agree to serve and to mark my ballots for that candidate and for that candidate's vice-presidential running mate."

This bill requires the two executed pledges described above to accompany the submission of the corresponding names to the secretary of state.

CERTIFICATION OF ELECTORS

In submitting this state's certificate of ascertainment as required by federal law, this bill requires the governor to certify this state's electors and to state in the certificate that:

(1) The electors will serve as electors unless a vacancy occurs in the office of elector before the end of the meeting at which elector votes are cast, in which case a substitute elector will fill the vacancy; and

(2) If a substitute elector is appointed to fill a vacancy, then the governor will submit an amended certificate of ascertainment stating the names on the final list of this state's electors.

PRESIDING OFFICER – ELECTOR VACANCY

Present law provides that if any elector fails to appear before 9:00 a.m., prevailing time, on the day on which electors are to cast their votes for president and vice president, then the electors present must, immediately and in the presence of the governor, elect any resident citizen of this state to fill such vacancy. This bill removes this provision and provides, instead, that the position of an elector not present to vote is vacant and that the secretary of state must appoint an individual as a substitute elector to fill a vacancy in the following manner:

(1) If the alternate elector is present to vote, by appointing the alternate elector for the vacant position;

(2) If the alternate elector for the vacant position is not present to vote but other alternate electors who were nominated by the same political party or unaffiliated presidential candidate are present, by appointing an elector chosen by lot from among those alternate electors of the same political party or of the same unaffiliated presidential candidate;

(3) If the vacant position is that of an unpledged elector and the alternate elector for that vacant position is not present to vote, or if there otherwise are no alternate electors eligible for the vacant position under (1) and (2), by appointing any immediately available individual who is qualified to serve as an elector and has been chosen through nomination by and plurality vote of the remaining electors, including nomination and vote by a single elector if only one remains;

(4) If there is a tie between at least two nominees for substitute elector in a vote conducted under (3), by appointing an elector chosen by lot from among those nominees; or

(5) If all elector positions are vacant and cannot be filled pursuant to subdivisions (b)(1)-(4), by appointing a single presidential elector, with remaining vacant positions to be filled under (3) and, if necessary, (4).

In order to qualify as a substitute elector for a vacant position associated with an elector who had executed a pledge, this bill requires an individual who has not executed the pledge, to execute the following pledge: "I agree to serve and to mark my ballots for President and Vice President consistent with the pledge of the individual to whose elector position I have succeeded."

ELECTOR VOTING

This bill requires the secretary of state to preside at the meeting of electors. At the time designated for elector voting and after all vacant positions have been filled pursuant to this bill, this bill requires the secretary of state to provide each elector with a presidential and a vice-presidential ballot. The elector must mark the elector's presidential and vice-presidential ballots with the elector's votes for the offices of president and vice president, respectively, along with the elector's signature and the elector's legibly printed name.

This bill generally requires each elector to present both completed ballots to the secretary of state, who must examine the ballots and accept as cast all ballots of electors whose votes are consistent with their executed pledges. The secretary of state is generally prohibited from accepting, and from counting, either an elector's presidential or vice-presidential ballot if the elector has not marked both ballots or has marked a ballot in violation of the elector's pledge.

This bill provides that an elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's executed pledge vacates the office of elector, thereby, creating a vacant position to be filled in accordance with this bill.

This bill requires the secretary of state to distribute ballots to, and collect ballots from, a substitute elector and repeat the process under this bill of examining ballots, declaring and filling vacant positions as required, and recording appropriately completed ballots from the substituted electors, until all of this state's electoral votes have been cast and recorded.

ELECTOR REPLACEMENT – ASSOCIATED CERTIFICATES

After the vote of this state's electors is completed, if the final list of electors differs from any list that the governor previously included on a certificate of ascertainment prepared and transmitted under federal law, then this bill requires the secretary of state immediately to prepare an amended certificate of ascertainment and transmit it to the governor for the governor's signature.

This bill requires the governor immediately to deliver the signed amended certificate of ascertainment to the secretary of state and a signed duplicate original of the amended certificate of ascertainment to all individuals entitled to receive this state's certificate of ascertainment, indicating that the amended certificate of ascertainment is to be substituted for the certificate of ascertainment previously submitted.

This bill requires the secretary of state to prepare a certificate of vote, and the electors on the final list must sign the certificate. The secretary of state must process and transmit the signed certificate with the amended certificate of ascertainment in accordance with federal law.

CONSTRUCTION AND CONFLICTS

This bill provides that, in applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Additionally, if a conflict exists between this bill and another state law, then this bill controls.

ON MARCH 18, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1794, AS AMENDED.

AMENDMENT #1 makes the following changes to the bill:

(1) For each elector position in this state, requires a political party to submit to the secretary of state one qualified individual, rather than two, to be designated an "elector nominee";

(2) Authorizes a political party contesting the elector position, or an unaffiliated presidential candidate, to also submit to the secretary of state the names of additional qualified individuals, not to exceed the total number of elector positions, to be designated "alternate elector nominees";

(3) Authorizes the secretary of state's designee to preside at a meeting of electors;

(4) Establishes that the position of an elector is vacant if the elector vacates the office by refusing to present a ballot, presenting an unmarked ballot, or presenting a ballot marked in violation of the elector's pledge to mark the elector's ballot as required by this amendment;

(5) Requires the electors present to elect any resident citizen of the state to fill a vacancy if an alternate elector is not present to vote;

(6) Requires the secretary of state's designee to carry out the secretary of state's elector voting duties at the time of voting if the secretary of state cannot be present due to an emergency;

(7) For a meeting of electors, requires the governor or the governor's designee to immediately deliver to the electors present a certificate of all the name of the electors;

(8) Removes from present law the authorization for electors to cast their ballots in the electoral college as the electors see fit if the presidential candidate of the party is dead or if both the presidential and vice-presidential candidates of the party are dead; and

(9) If the vice presidential candidate of the party is dead, removes from present law the requirement for the electors to cast their ballots in the electoral college for the presidential candidate of the political party which nominated them as electors and the authorization to case their ballots in the electoral college for vice president as they see fit.