79R7306 ATP-D

By:  Baxter                                                       H.B. No. 3457



A BILL TO BE ENTITLED

AN ACT

relating to the appointment of an alternate presiding judge at the 
central counting station for processing electronic voting system 
results.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 127.005(f), Election Code, is amended to 
read as follows:
	(f)  An alternate presiding judge appointed under Subsection 
(e) serves:     
		(1)  as presiding judge for the counting station if the 
regularly appointed presiding judge cannot serve [;] or
		[(2)]  in another position established under this 
subchapter; and
		(2)  as required by Section 129.002.                                   
	SECTION 2.  Chapter 129, Election Code, is amended by adding 
Section 129.002 to read as follows:
	Sec. 129.002.  PRESENCE OF PRESIDING JUDGE AND ALTERNATE 
PRESIDING JUDGE AT COUNTING AND TABULATION.  The presiding judge of 
each central counting station and the alternate presiding judge 
appointed under Section 127.005(e) must be present when the votes 
cast using a direct recording electronic voting machine are counted 
and tabulated.
	SECTION 3.  This Act takes effect September 1, 2005.