Sec. 192.065.  CERTIFICATION OF WINNING CANDIDATE'S INABILITY TO SERVE; AFFIRMATION OR DENIAL BY ELECTORS.  (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.
Added by Acts 2023, 88th Leg., R.S., Ch. 998 (H.B. 87), Sec. 7, eff. June 18, 2023.