1-1 By: Uher (Senate Sponsor - Brown) H.B. No. 2862
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the appointment of election judges for county
1-9 elections.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 32.002, Election Code, is amended to read
1-12 as follows:
1-13 Sec. 32.002. JUDGES FOR COUNTY ELECTION. (a) The
1-14 commissioners court at its July term shall appoint the election
1-15 judges for each regular county election precinct.
1-16 (b) Judges appointed under Subsection (a) serve for a term
1-17 of one year beginning on August 1 following the appointment, except
1-18 that the commissioners court by order recorded in its minutes may
1-19 provide for a term of two years.
1-20 (c) The presiding judge and alternate presiding judge must
1-21 be affiliated or aligned with different political parties, subject
1-22 to this subsection. Before July of each year, the county chair of
1-23 a political party whose candidate for governor received the highest
1-24 or second highest number of votes in the county in the most recent
1-25 gubernatorial general election shall submit in writing to the
1-26 commissioners court a list of names of persons in order of
1-27 preference for each precinct who are eligible for appointment as an
1-28 election judge. The commissioners court shall appoint the first
1-29 person meeting the applicable eligibility requirements from the
1-30 list submitted in compliance with this subsection by the party with
1-31 the highest number of votes in the precinct as the presiding judge
1-32 and the first person meeting the applicable eligibility
1-33 requirements from the list submitted in compliance with this
1-34 subsection by the party with the second highest number of votes in
1-35 the precinct as the alternate presiding judge. The commissioners
1-36 court may reject the list if the persons whose names are submitted
1-37 on the list are determined not to meet the applicable eligibility
1-38 requirements.
1-39 (d) The county clerk shall submit to the commissioners court
1-40 a list of names of persons eligible for appointment as presiding
1-41 judge and alternate presiding judge for each precinct in which an
1-42 appointment is not made under Subsection (c). The [If the list is
1-43 rejected, the appointment shall be made for the full term in
1-44 accordance with the same procedures provided for the filling of
1-45 vacancies under Subsection (d) based on the time of the rejection
1-46 instead of the time that a vacancy occurs. If a list of names is
1-47 not submitted in compliance with this subsection, the]
1-48 commissioners court shall appoint an eligible person from the list
1-49 who is affiliated or aligned with the appropriate party, if
1-50 available.
1-51 (e) [(d)] The commissioners court shall fill a vacancy in
1-52 the position of election judge for the remainder of the unexpired
1-53 term. An appointment to fill a vacancy may be made at any regular
1-54 or special term of court. Not later than 48 hours after the county
1-55 clerk becomes aware of a vacancy, the county clerk shall notify the
1-56 county chair of the same political party with which the original
1-57 judge was affiliated or aligned of the vacancy. Not later than the
1-58 fifth day after the date of notification of the vacancy, the county
1-59 chair of the same political party with which the original judge was
1-60 affiliated or aligned shall submit to the commissioners court in
1-61 writing the name of a person who is eligible for the appointment.
1-62 If a name is submitted in compliance with this subsection, the
1-63 commissioners court shall appoint that person to the unexpired
1-64 term. If a name is not submitted in compliance with this
2-1 subsection, the county clerk shall submit to the commissioners
2-2 court a list of names of persons eligible as an appointee for the
2-3 unexpired term. The [the] commissioners court shall appoint an
2-4 eligible person from the list who is affiliated or aligned with the
2-5 same party, if available.
2-6 (f) [(e)] Subject to Section 32.003, the judges appointed
2-7 under this section shall serve in each election ordered by the
2-8 governor or a county authority in which the regular county election
2-9 precincts are required to be used.
2-10 SECTION 2. This Act takes effect September 1, 1999.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
2-16 * * * * *