By Junell H.B. No. 927
76R1494 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exempting certain counties from the requirement that
1-3 presiding and alternate presiding election judges must be from
1-4 different political parties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 32.002, Election Code, is amended by
1-7 amending Subsections (c), (d), and (e) and adding Subsections (f)
1-8 and (g) to read as follows:
1-9 (c) Except as provided by Subsection (f), the [The]
1-10 presiding judge and alternate presiding judge must be affiliated or
1-11 aligned with different political parties, subject to this
1-12 subsection. Before July of each year, the county chair of a
1-13 political party whose candidate for governor received the highest
1-14 or second highest number of votes in the county in the most recent
1-15 gubernatorial general election shall submit in writing to the
1-16 commissioners court a list of names of persons in order of
1-17 preference for each precinct who are eligible for appointment as an
1-18 election judge. The commissioners court shall appoint the first
1-19 person meeting the applicable eligibility requirements from the
1-20 list submitted in compliance with this subsection by the party with
1-21 the highest number of votes in the precinct as the presiding judge
1-22 and the first person meeting the applicable eligibility
1-23 requirements from the list submitted in compliance with this
1-24 subsection by the party with the second highest number of votes in
2-1 the precinct as the alternate presiding judge. The commissioners
2-2 court may reject the list if the persons whose names are submitted
2-3 on the list are determined not to meet the applicable eligibility
2-4 requirements. If the list is rejected, the appointment shall be
2-5 made for the full term in accordance with the same procedures
2-6 provided for the filling of vacancies under Subsection (e) [(d)]
2-7 based on the time of the rejection instead of the time that a
2-8 vacancy occurs. If a list of names is not submitted in compliance
2-9 with this subsection, the commissioners court shall appoint an
2-10 eligible person who is affiliated or aligned with the appropriate
2-11 party, if available.
2-12 (d) The commissioners court shall fill a vacancy in the
2-13 position of election judge for the remainder of the unexpired term.
2-14 An appointment to fill a vacancy may be made at any regular or
2-15 special term of court.
2-16 (e) Except as provided by Subsection (f), not [Not] later
2-17 than 48 hours after the county clerk becomes aware of a vacancy,
2-18 the county clerk shall notify the county chair of the same
2-19 political party with which the original judge was affiliated or
2-20 aligned of the vacancy. Not later than the fifth day after the
2-21 date of notification of the vacancy, the county chair of the same
2-22 political party with which the original judge was affiliated or
2-23 aligned shall submit to the commissioners court in writing the name
2-24 of a person who is eligible for the appointment. If a name is
2-25 submitted in compliance with this subsection, the commissioners
2-26 court shall appoint that person to the unexpired term. If a name
2-27 is not submitted in compliance with this subsection, the
3-1 commissioners court shall appoint an eligible person who is
3-2 affiliated or aligned with the same party, if available.
3-3 (f) In a county with a population of 20,000 or less, the
3-4 county clerk shall recommend a presiding judge and an alternate
3-5 judge for each precinct and shall submit a list of the
3-6 recommendations to the commissioners court. The clerk shall also
3-7 recommend an appointee for each unexpired term. The court shall
3-8 consider the clerk's recommendation before making an appointment.
3-9 (g) [(e)] Subject to Section 32.003, the judges appointed
3-10 under this section shall serve in each election ordered by the
3-11 governor or a county authority in which the regular county
3-12 election precincts are required to be used.
3-13 SECTION 2. This Act takes effect September 1, 1999, and
3-14 applies only to an election judge appointed on or after that date.
3-15 SECTION 3. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.