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BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 567

81R21481 ATP-D                                                                                          By: Miller, Sid (Fraser)

                                                                                                                                       State Affairs

                                                                                                                                              5/8/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Within the current Texas Election Code, a precinct chair may serve as an election judge even if they are listed on a contested ballot.  Precinct chairs typically work the polls during the primary election and state law does not restrict that opportunity when they have an opponent.  This bill would restrict a candidate from serving as an election judge in a contested election and in a party election.  However, the bill would allow county clerks to continue administering the elections when they are running for re-election.

 

H.B. 567 amends current law relating to the eligibility of candidates for certain offices to serve as election judges.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.    Amends Section 32.053, Election Code, as follows:

 

Sec. 32.053.  New heading: INELIGIBILITY OF CANDIDATE FOR OFFICE.  (a)  Provides that a person who is a candidate in an election for a contested public or party office is ineligible to serve, in an election to be held on the same day as that election, as an election judge or clerk in any precinct in which the office sought is to be voted on.  Deletes existing text providing that a person is ineligible to serve as an election judge or clerk in an election if the person is a candidate for a public office in an election to be held on the same day.

 

(b)  Provides that this section does not apply to  a county clerk; or  a precinct chair declared elected under Section 171.0221 (Election Not Held for Office of Precinct Chair).

 

(c) Defines "candidate." Makes a nonsubstantive change.

 

SECTION 2.  Effective date: September 1, 2009.