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.