| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the powers and duties of a presiding judge and alternate |
|
|
presiding judge in an election. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 32.031, Election Code, is |
|
|
amended to read as follows: |
|
|
Sec. 32.031. PRESIDING JUDGE AND ALTERNATE PRESIDING JUDGE |
|
|
TO APPOINT CLERKS. |
|
|
SECTION 2. Section 32.031(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) The presiding judge and alternate presiding judge for |
|
|
each election precinct shall each appoint the election clerks to |
|
|
assist the presiding judge and alternate presiding judge in the |
|
|
conduct of an election at the polling place served by the presiding |
|
|
judge and alternate presiding judge. |
|
|
SECTION 3. Sections 32.033(a), (b), and (c), Election Code, |
|
|
are amended to read as follows: |
|
|
(a) The authority that appoints the election judges shall |
|
|
prescribe the maximum number of clerks that each presiding judge |
|
|
and alternate presiding judge may appoint for each election. The |
|
|
authority may prescribe different maximums for different types of |
|
|
elections. |
|
|
(b) Except as provided by Subsection (c), the presiding |
|
|
judge and alternate presiding judge shall each appoint at least one |
|
|
clerk [two clerks] for each precinct in each election and may |
|
|
appoint as many additional clerks, within the prescribed limit, as |
|
|
are necessary for the proper conduct of the election. |
|
|
(c) In each election ordered by the governor or a county |
|
|
authority in which the regular county election precincts are |
|
|
required to be used, the presiding judge and alternate presiding |
|
|
judge shall each appoint clerks for each precinct in the number, |
|
|
within the prescribed limit, the presiding judge and alternate |
|
|
presiding judge consider [considers] necessary for the proper |
|
|
conduct of the election. |
|
|
SECTION 4. Sections 32.034(b), (c), and (d), Election Code, |
|
|
are amended to read as follows: |
|
|
(b) The county chair of a political party whose candidate |
|
|
for governor received the highest or second highest number of votes |
|
|
in the county in the most recent gubernatorial general election |
|
|
may, not later than the 25th day before a general election or the |
|
|
10th day before a special election to which Subsection (a) applies, |
|
|
submit to a presiding judge and an alternate presiding judge a list |
|
|
containing the names of at least two persons who are eligible for |
|
|
appointment as a clerk. If a timely list from both parties is |
|
|
submitted, the presiding judge and alternate presiding judge shall |
|
|
each appoint at least one clerk from those lists [the list], except |
|
|
as provided by Subsection (c). The presiding judge and alternate |
|
|
presiding judge shall each appoint the same number of clerks to the |
|
|
extent possible given the total number of clerks to be appointed. |
|
|
(c) If only one additional clerk is to be appointed for an |
|
|
election [in which the alternate presiding judge will serve as a |
|
|
clerk], the clerk shall be appointed from the list of a political |
|
|
party with which neither the presiding judge nor the alternate |
|
|
judge is affiliated or aligned, if such a list is submitted. [If two |
|
|
such lists are submitted, the presiding judge shall decide from |
|
|
which list the appointment will be made.] If no list or only one |
|
|
[such a] list has been [is not] submitted, the presiding judge and |
|
|
alternate presiding judge are [is] not required to make an |
|
|
appointment from any list. |
|
|
(d) The presiding judge and alternate presiding judge shall |
|
|
make an appointment under this section not later than the fifth day |
|
|
after the date the judges receive [judge receives] the list and |
|
|
shall deliver written notification of the appointment to the |
|
|
appropriate county chair. |
|
|
SECTION 5. Subchapter D, Chapter 32, Election Code, is |
|
|
amended by adding Section 32.0715 to read as follows: |
|
|
Sec. 32.0715. ALTERNATE PRESIDING JUDGE. (a) An alternate |
|
|
presiding judge shall have access to the voting area at all times |
|
|
the polling place is open for voting and a presiding judge may not |
|
|
assign any duty to an alternate presiding judge that prevents |
|
|
continuous access to that area. |
|
|
(b) The alternate presiding judge shall assume the |
|
|
responsibilities of the presiding judge if the presiding judge is |
|
|
not present at the polling place. |
|
|
SECTION 6. Section 573.061, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not |
|
|
apply to: |
|
|
(1) an appointment to the office of a notary public or |
|
|
to the confirmation of that appointment; |
|
|
(2) an appointment of a page, secretary, attendant, or |
|
|
other employee by the legislature for attendance on any member of |
|
|
the legislature who, because of physical infirmities, is required |
|
|
to have a personal attendant; |
|
|
(3) a confirmation of the appointment of an appointee |
|
|
appointed to a first term on a date when no individual related to |
|
|
the appointee within a degree described by Section 573.002 was a |
|
|
member of or a candidate for the legislature, or confirmation on |
|
|
reappointment of the appointee to any subsequent consecutive term; |
|
|
(4) an appointment or employment of a bus driver by a |
|
|
school district if: |
|
|
(A) the district is located wholly in a county |
|
|
with a population of less than 35,000; or |
|
|
(B) the district is located in more than one |
|
|
county and the county in which the largest part of the district is |
|
|
located has a population of less than 35,000; |
|
|
(5) an appointment or employment of a personal |
|
|
attendant by an officer of the state or a political subdivision of |
|
|
the state for attendance on the officer who, because of physical |
|
|
infirmities, is required to have a personal attendant; |
|
|
(6) an appointment or employment of a substitute |
|
|
teacher by a school district; |
|
|
(7) an appointment or employment of a person by a |
|
|
municipality that has a population of less than 200; or |
|
|
(8) an appointment of an election clerk under Section |
|
|
32.031, Election Code[, who is not related in the first degree by |
|
|
consanguinity or affinity to an elected official of the authority |
|
|
that appoints the election judges for that election]. |
|
|
SECTION 7. Section 32.032, Election Code, is repealed. |
|
|
SECTION 8. This Act takes effect September 1, 2021. |