By Staples S.B. No. 418
77R4896 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing the appointment of students to serve as
1-3 election clerks.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.033, Election Code, is amended by
1-6 amending Subsection (a) and adding Subsection (d) to read as
1-7 follows:
1-8 (a) Except as provided by Subsection (d), the [The]
1-9 authority that appoints the election judges shall prescribe the
1-10 maximum number of clerks that each presiding judge may appoint for
1-11 each election. The authority may prescribe different maximums for
1-12 different types of elections.
1-13 (d) A presiding judge may appoint no more than two student
1-14 election clerks for each election.
1-15 SECTION 2. Section 32.051(c), Election Code, is amended to
1-16 read as follows:
1-17 (c) Except as provided by Section 32.0511, to [To] be
1-18 eligible to serve as a clerk of an election precinct, a person must
1-19 be a qualified voter:
1-20 (1) of the county, in a countywide election ordered by
1-21 the governor or a county authority or in a primary election;
1-22 (2) of the part of the county in which the election is
1-23 held, for an election ordered by the governor or a county authority
1-24 that does not cover the entire county of the person's residence; or
2-1 (3) of the political subdivision, in an election
2-2 ordered by an authority of a political subdivision other than a
2-3 county.
2-4 SECTION 3. Subchapter C, Chapter 32, Election Code, is
2-5 amended by adding Section 32.0511 to read as follows:
2-6 Sec. 32.0511. SPECIAL ELIGIBILITY REQUIREMENTS: STUDENT
2-7 ELECTION CLERKS. (a) In this section:
2-8 (1) "Educational institution" means a:
2-9 (A) public secondary school; or
2-10 (B) private or parochial secondary school that
2-11 is accredited by an accreditation body that is a member of the
2-12 Texas Private School Accreditation Commission.
2-13 (2) "Student" means a person enrolled in an
2-14 educational institution or a home-schooled student.
2-15 (b) A student who is ineligible to serve as a clerk of an
2-16 election precinct under Section 32.051(c) is eligible to serve as a
2-17 clerk of an election precinct under this section if the student:
2-18 (1) at the time of appointment as an election clerk:
2-19 (A) is a student in good standing at an
2-20 educational institution or attends a home school that meets the
2-21 requirements of Section 25.086(a)(1), Education Code;
2-22 (B) has the equivalent of at least a 2.5 grade
2-23 point average on a 4.0 grade point average scale; and
2-24 (C) has the consent of:
2-25 (i) the principal of the educational
2-26 institution attended by the student; or
2-27 (ii) in the case of a home-schooled
3-1 student, a parent or legal guardian who is responsible for the
3-2 student's education; and
3-3 (2) at the time of service as an election clerk:
3-4 (A) is 16 years of age or older; and
3-5 (B) is a United States citizen.
3-6 SECTION 4. Section 32.072(a), Election Code, is amended to
3-7 read as follows:
3-8 (a) The presiding judge shall designate the working hours of
3-9 and assign the duties to be performed by the election clerks
3-10 serving under the judge. The presiding judge may not assign a
3-11 student election clerk to a counting team for the purpose of
3-12 tallying votes.
3-13 SECTION 5. This Act takes effect September 1, 2001.