1-1 By: Staples S.B. No. 418
1-2 (In the Senate - Filed January 26, 2001; January 29, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 14, 2001, reported favorably by the following vote: Yeas
1-5 8, Nays 1; February 14, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to authorizing the appointment of students to serve as
1-9 election clerks.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 32.033, Election Code, is amended by
1-12 amending Subsection (a) and adding Subsection (d) to read as
1-13 follows:
1-14 (a) Except as provided by Subsection (d), the [The]
1-15 authority that appoints the election judges shall prescribe the
1-16 maximum number of clerks that each presiding judge may appoint for
1-17 each election. The authority may prescribe different maximums for
1-18 different types of elections.
1-19 (d) A presiding judge may appoint no more than two student
1-20 election clerks for each election.
1-21 SECTION 2. Subsection (c), Section 32.051, Election Code, is
1-22 amended to read as follows:
1-23 (c) Except as provided by Section 32.0511, to [To] be
1-24 eligible to serve as a clerk of an election precinct, a person must
1-25 be a qualified voter:
1-26 (1) of the county, in a countywide election ordered by
1-27 the governor or a county authority or in a primary election;
1-28 (2) of the part of the county in which the election is
1-29 held, for an election ordered by the governor or a county authority
1-30 that does not cover the entire county of the person's residence; or
1-31 (3) of the political subdivision, in an election
1-32 ordered by an authority of a political subdivision other than a
1-33 county.
1-34 SECTION 3. Subchapter C, Chapter 32, Election Code, is
1-35 amended by adding Section 32.0511 to read as follows:
1-36 Sec. 32.0511. SPECIAL ELIGIBILITY REQUIREMENTS: STUDENT
1-37 ELECTION CLERKS. (a) In this section:
1-38 (1) "Educational institution" means a:
1-39 (A) public secondary school; or
1-40 (B) private or parochial secondary school that
1-41 is accredited by an accreditation body that is a member of the
1-42 Texas Private School Accreditation Commission.
1-43 (2) "Student" means a person enrolled in an
1-44 educational institution or a home-schooled student.
1-45 (b) A student who is ineligible to serve as a clerk of an
1-46 election precinct under Section 32.051(c) is eligible to serve as a
1-47 clerk of an election precinct under this section if the student:
1-48 (1) at the time of appointment as an election clerk:
1-49 (A) is a student in good standing at an
1-50 educational institution or attends a home school that meets the
1-51 requirements of Section 25.086(a)(1), Education Code;
1-52 (B) has the equivalent of at least a 2.5 grade
1-53 point average on a 4.0 grade point average scale; and
1-54 (C) has the consent of:
1-55 (i) the principal of the educational
1-56 institution attended by the student; or
1-57 (ii) in the case of a home-schooled
1-58 student, a parent or legal guardian who is responsible for the
1-59 student's education; and
1-60 (2) at the time of service as an election clerk:
1-61 (A) is 16 years of age or older; and
1-62 (B) is a United States citizen.
1-63 SECTION 4. Subsection (a), Section 32.072, Election Code, is
1-64 amended to read as follows:
2-1 (a) The presiding judge shall designate the working hours of
2-2 and assign the duties to be performed by the election clerks
2-3 serving under the judge. The presiding judge may not assign a
2-4 student election clerk to a counting team for the purpose of
2-5 tallying votes.
2-6 SECTION 5. This Act takes effect September 1, 2001.
2-7 * * * * *