By Uher                                               H.B. No. 2862
         76R5831 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the appointment of election judges for county
 1-3     elections.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 32.002, Election Code, is amended to read
 1-6     as follows:
 1-7           Sec. 32.002.  JUDGES FOR COUNTY ELECTION.  (a)  The
 1-8     commissioners court at its July term shall appoint the election
 1-9     judges for each regular county election precinct.
1-10           (b)  Judges appointed under Subsection (a) serve for a term
1-11     of one year beginning on August 1 following the appointment, except
1-12     that the commissioners court by order recorded in its minutes may
1-13     provide for a term of two years.
1-14           (c)  The presiding judge and alternate presiding judge must
1-15     be affiliated or aligned with different political parties, subject
1-16     to this subsection.  Before July of each year, the county chair of
1-17     a political party whose candidate for governor received the highest
1-18     or second highest number of votes in the county in the most recent
1-19     gubernatorial general election shall submit in writing to the
1-20     commissioners court a list of names of persons in order of
1-21     preference for each precinct who are eligible for appointment as an
1-22     election judge.  The commissioners court shall appoint the first
1-23     person meeting the applicable eligibility requirements from the
1-24     list submitted in compliance with this subsection by the party with
 2-1     the highest number of votes in the precinct as the presiding judge
 2-2     and the first person meeting the applicable eligibility
 2-3     requirements from the list submitted in compliance with this
 2-4     subsection by the party with the second highest number of votes in
 2-5     the precinct as the alternate presiding judge.  The commissioners
 2-6     court may reject the list if the persons whose names are submitted
 2-7     on the list are determined not to meet the applicable eligibility
 2-8     requirements.
 2-9           (d)  The county clerk shall submit to the commissioners court
2-10     a list of names of persons eligible for appointment as presiding
2-11     judge and alternate presiding judge for each precinct in which an
2-12     appointment is not made under Subsection (c).  The [If the list is
2-13     rejected, the appointment shall be made for the full term in
2-14     accordance with the same procedures provided for the filling of
2-15     vacancies under Subsection (d) based on the time of the rejection
2-16     instead of the time that a vacancy occurs.  If a list of names is
2-17     not submitted in compliance with this subsection, the]
2-18     commissioners court shall appoint an eligible person from the list
2-19     who is affiliated or aligned with the appropriate party, if
2-20     available.
2-21           (e) [(d)]  The commissioners court shall fill a vacancy in
2-22     the position of election judge for the remainder of the unexpired
2-23     term.  An appointment to fill a vacancy may be made at any regular
2-24     or special term of court.  Not later than 48 hours after the county
2-25     clerk becomes aware of a vacancy, the county clerk shall notify the
2-26     county chair of the same political party with which the original
2-27     judge was affiliated or aligned of the vacancy.  Not later than the
 3-1     fifth day after the date of notification of the vacancy, the county
 3-2     chair of the same political party with which the original judge was
 3-3     affiliated or aligned shall submit to the commissioners court in
 3-4     writing the name of a person who is eligible for the appointment.
 3-5     If a name is submitted in compliance with this subsection, the
 3-6     commissioners court shall appoint that person to the unexpired
 3-7     term.  If a name is not submitted in compliance with this
 3-8     subsection, the county clerk shall submit to the commissioners
 3-9     court a list of names of persons eligible as an appointee for the
3-10     unexpired term.  The [the] commissioners court shall appoint an
3-11     eligible person from the list who is affiliated or aligned with the
3-12     same party, if available.
3-13           (f) [(e)]  Subject to Section 32.003, the judges appointed
3-14     under this section shall serve in each election ordered by the
3-15     governor or a county authority in which the regular county election
3-16     precincts are required to be used.
3-17           SECTION 2.  This Act takes effect September 1, 1999.
3-18           SECTION 3.  The importance of this legislation and the
3-19     crowded condition of the calendars in both houses create an
3-20     emergency and an imperative public necessity that the
3-21     constitutional rule requiring bills to be read on three several
3-22     days in each house be suspended, and this rule is hereby suspended.