By King of Uvalde H.B. No. 940
76R3673 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the selection of election judges for county elections.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 32.002(c) and (d), Election Code, are
1-5 amended to read as follows:
1-6 (c) [The presiding judge and alternate presiding judge must
1-7 be affiliated or aligned with different political parties, subject
1-8 to this subsection. Before July of each year, the county chair of
1-9 a political party whose candidate for governor received the highest
1-10 or second highest number of votes in the county in the most recent
1-11 gubernatorial general election shall submit in writing to the
1-12 commissioners court a list of names of persons in order of
1-13 preference for each precinct who are eligible for appointment as an
1-14 election judge. The commissioners court shall appoint the first
1-15 person meeting the applicable eligibility requirements from the
1-16 list submitted in compliance with this subsection by the party
1-17 with the highest number of votes in the precinct as the presiding
1-18 judge and the first person meeting the applicable eligibility
1-19 requirements from the list submitted in compliance with this
1-20 subsection by the party with the second highest number of votes in
1-21 the precinct as the alternate presiding judge. The commissioners
1-22 court may reject the list if the persons whose names are submitted
1-23 on the list are determined not to meet the applicable eligibility
1-24 requirements. If the list is rejected, the appointment shall be
2-1 made for the full term in accordance with the same procedures
2-2 provided for the filling of vacancies under Subsection (d) based on
2-3 the time of the rejection instead of the time that a vacancy
2-4 occurs. If a list of names is not submitted in compliance with
2-5 this subsection, the commissioners court shall appoint an eligible
2-6 person who is affiliated or aligned with the appropriate party, if
2-7 available.]
2-8 [(d)] The commissioners court shall fill a vacancy in the
2-9 position of election judge for the remainder of the unexpired term.
2-10 An appointment to fill a vacancy may be made at any regular or
2-11 special term of court.
2-12 (d) The county clerk shall recommend a presiding judge and
2-13 an alternate presiding judge for each precinct and shall submit a
2-14 list of the recommendations to the commissioners court. The clerk
2-15 shall also recommend an appointee for each unexpired term. The
2-16 court shall consider the clerk's recommendation before making an
2-17 appointment. [Not later than 48 hours after the county clerk
2-18 becomes aware of a vacancy, the county clerk shall notify the
2-19 county chair of the same political party with which the original
2-20 judge was affiliated or aligned of the vacancy. Not later than the
2-21 fifth day after the date of notification of the vacancy, the county
2-22 chair of the same political party with which the original judge was
2-23 affiliated or aligned shall submit to the commissioners court in
2-24 writing the name of a person who is eligible for the appointment.
2-25 If a name is submitted in compliance with this subsection, the
2-26 commissioners court shall appoint that person to the unexpired
2-27 term. If a name is not submitted in compliance with this
3-1 subsection, the commissioners court shall appoint an eligible
3-2 person who is affiliated or aligned with the same party, if
3-3 available.]
3-4 SECTION 2. This Act takes effect September 1, 1999.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.