SRC-MAX C.S.S.B. 130 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 130
By: West
State Affairs
4-28-97
Committee Report (Substituted)


DIGEST 

Currently, the county clerk recommends to the commissioners court a
presiding judge and alternate presiding judge for each precinct and
submits the list to the commissioners court for approval.  The
commissioners court is not required to appoint precinct judges from the
list submitted by the county clerk.   

Precinct election judges appointed by the commissioners court usually
represent the two majority political parties in the county.  Recently,
some commissioners courts have changed the traditional bipartisan
appointment method to a method of appointment representing the majority
political party of the court only.  

S.B. 130 provides procedural changes which affect the way election judges
are recommended and appointed.  This bill also provides requirements for
election judges that include party affiliation and other conditions for
appointment.    
             
PURPOSE

As proposed, C.S.S.B. 130 provides procedural specifications for the
recommendation and appointment of election judges for county election
precincts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 32.002, Election Code, to amend Subsections (c)
and (d), to require the presiding judge and alternate presiding judge to
be affiliated or aligned with different political parties.  Requires 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 to submit to the commissioners court
in writing a list of names of persons in order of preference for each
precinct for appointment as an election judge before July of each year.
Requires the commissioners court to appoint the first person meeting the
applicable eligibility requirements from the list submitted in compliance
with this section.  Requires the commissioners court to reject the first
list and make the appointments in the same manner from a second list in
certain instances. Requires the commissioners court to appoint an eligible
person if a list of names is not submitted in compliance with this
subsection. Requires the county chair of the same political party with
which the original judge was  affiliated or aligned to notify  the county
chair of a vacancy by a certain date. Requires the commissioners court to
appoint the person to an unexpired term.  Requires the commissioners court
to appoint an eligible person who is affiliated or aligned with the same
party if a name is not submitted.  Deletes existing Subsection (d),
regarding requirements for the county clerk. 

SECTION 2. Amends Section 32.007, Election Code, by amending Subsections
(a) and (b) and adding Subsection (f), as follows:  

(a) and (b) Makes conforming changes.

 (f)  Requires a person who is appointed as a replacement for a judge
originally appointed under Section 32.002 to be affiliated or aligned with
the same political party as was the original judge, if possible. 
 
SECTION 3. Amends Section 32.051(a), Election Code, to require a person to
be a qualified voter of the precinct to be eligible to serve as an
election judge, except as provided by Section 32.0511.  

SECTION 4. Amends Chapter 32C, Election Code, by adding Section 32.0511,
as follows: 

Sec.  32.0511.  ELIGIBILITY REQUIREMENTS FOR COUNTY ELECTION JUDGES. Sets
forth provisions regarding the eligibility requirements for county
election judges.   

SECTION 5. Amends Chapter 32C, Election Code, by adding Section 32.0552,
as follows: 

Sec.  32.0552.  INELIGIBILITY OF PERSON CONVICTED OF ELECTION OFFENSE.
Provides that a person is ineligible to serve as an election judge or
clerk in an election if the person has been finally convicted of an
offense in connection with conduct directly attributable to an election. 

SECTION 6. Effective date:  September 1, 1997.

SECTION 7. Emergency clause.
 


SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 32.002, Election Code, to provide that a list of names is
required, rather than the name of a person is required, to be submitted to
the commissioners court by the chair of a certain party.  Requires the
commissioners court to appoint the first person meeting the eligibility
requirements from the list submitted, rather than to appoint the person
whose name is submitted in compliance with this section, as the presiding
judge and the second person meeting the eligibility requirements as the
alternate presiding judge. Authorizes the commissioners court to reject
the first list and make the appointments in the same manner under certain
conditions.  Requires the county clerk to notify a certain county chair of
a vacancy by a certain date.  Amends the date by which the county chair is
required to submit the name of the person who is eligible to the
commissioners court.  Deletes proposed Subsection (f) regarding
submissions and appointments. 

SECTION 3. 

Amends Section 32.051(a), Election Code, to require a person to be a
qualified voter of the precinct, except as provided by Section 32.0511. 

Adds news SECTIONS 4-7. 

SECTION 4.

Amends Chapter 32C, Election Code, by adding Section 32.0511, relating to
eligibility requirements for county election judges.   

SECTION 5. 

Amends Chapter 32C, Election Code, by adding Section 32.0552, relating to
the ineligibility of a person convicted of election offenses. 

 Adds SECTION 6 to set forth the effective date.

Adds SECTION 7 to set forth the emergency clause.