H.B. 2154 78(R)    BILL ANALYSIS


H.B. 2154
By: Denny
Elections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, in performing their duties, presiding judges of polling
places and election precincts have the power of a district judge to
enforce order and preserve the peace, including the power to issue an
arrest warrant.  Currently, some individuals who file a civil action
regarding the conduct of an election judge on election day file under the
original jurisdiction of the district court. This creates extra cost and
confusion, as well as causes delays, because the suit must be filed again
with the court of appeals, the court which has original jurisdiction over
an appeal of an order or action of a district judge.  House Bill 2154
amends the law to provide that if an individual files a suit against an
election judge, the suit must be filed under the original jurisdiction of
the court of appeals.      

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

House Bill 2154 provides that an appeal of an order or other action of the
presiding judge of the polling place and election precinct is made in the
same manner as the appeal of an order or other action of a district court
in the county in which the polling place is located. 

      
EFFECTIVE DATE

On passage, or if the Act does not receive the necessary votes, September
1, 2003.