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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of election judges and clerks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 32.002(c), (d), and (e), Election Code, |
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are amended to read as follows: |
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(c) The presiding judge and alternate presiding judge must |
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be affiliated or aligned with different political parties, subject |
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to this subsection. Before July of each year, the county chair of a |
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political party whose candidate for governor received the highest |
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or second highest number of votes in the county in the most recent |
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gubernatorial general election shall submit in writing to the |
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commissioners court a list of names of persons in order of |
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preference for each precinct who are eligible for appointment as an |
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election judge. The county chair may supplement the list of names |
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of persons until the 20th day before a general election or the 15th |
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day before a special election in case an appointed election judge |
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becomes unable to serve. The commissioners court may [shall] |
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appoint a [the first] person meeting the applicable eligibility |
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requirements from the list submitted in compliance with this |
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subsection by the party with the highest number of votes in the |
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precinct as the presiding judge and a [the first] person meeting the |
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applicable eligibility requirements from the list submitted in |
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compliance with this subsection by the party with the second |
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highest number of votes in the precinct as the alternate presiding |
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judge. The commissioners court may reject the list if the persons |
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whose names are submitted on the list are determined not to meet the |
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applicable eligibility requirements. |
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(d) The county clerk may [, after making a reasonable effort
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to] consult with the party chair of the appropriate political party |
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or parties, and shall submit to the commissioners court a list of |
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names of persons eligible for appointment as presiding judge and |
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alternate presiding judge for each precinct in which an appointment |
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is not made under Subsection (c). The commissioners court shall |
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appoint an eligible person from the list who is affiliated or |
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aligned with the appropriate party, if available. |
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(e) The commissioners court shall fill a vacancy in the |
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position of presiding judge or alternate presiding judge for the |
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remainder of the unexpired term. An appointment to fill a vacancy |
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may be made at any regular or special term of court. The county |
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clerk should notify the county chair of the same political party |
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with which the original judge was affiliated or aligned of a vacancy |
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not [Not] later than 48 hours after the county clerk becomes aware |
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of the [a] vacancy [, the county clerk shall notify the county chair
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of the same political party with which the original judge was
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affiliated or aligned of the vacancy]. If the county clerk |
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notifies [Not later than the fifth day after the date of
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notification of the vacancy,] the county chair of the same |
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political party with which the original judge was affiliated or |
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aligned of the vacancy, the county chair may [shall] submit to the |
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commissioners court in writing the name of a person who is eligible |
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for the appointment not later than the fifth day after the date of |
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notification of the vacancy. If a name is submitted in compliance |
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with this subsection, the commissioners court may [shall] appoint |
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that person to the unexpired term or [.
If a name is not submitted
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in compliance with this subsection, the county clerk shall submit
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to the commissioners court a list of names of persons eligible as an
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appointee for the unexpired term.
The commissioners court shall] |
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appoint an eligible person who is affiliated or aligned with the |
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same party, if available, from a list of names of persons eligible |
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as an appointee for the unexpired term submitted by the county clerk |
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[the list who is affiliated or aligned with the same party, if
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available]. |
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SECTION 2. Sections 32.034(b), (c), (d), and (e), Election |
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Code, are amended to read as follows: |
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(b) The county chair of a political party whose candidate |
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for governor received the highest or second highest number of votes |
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in the county in the most recent gubernatorial general election |
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may, not later than the 45th [25th] day before a general election or |
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the 20th [10th] day before a special election to which Subsection |
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(a) applies, submit to a presiding judge a list containing the names |
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of at least two persons who are eligible for appointment as a clerk. |
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If a timely list is submitted, the presiding judge shall appoint at |
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least one clerk from the list, except as provided by Subsection (c). |
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(c) If only one additional clerk is to be appointed for an |
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election in which the alternate presiding judge will serve as a |
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clerk, the clerk may [shall] be appointed from the list of a |
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political party with which neither the presiding judge nor the |
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alternate judge is affiliated or aligned, if such a list is |
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submitted. If two such lists are submitted, the presiding judge may |
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[shall] decide from which list the appointment will be made. If |
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such a list is not submitted, the presiding judge is not required to |
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make an appointment from any list. |
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(d) The presiding judge may [shall] make an appointment |
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under this section not later than the fifth day after the date the |
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judge receives the list and may notify [shall deliver written
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notification of the appointment to] the appropriate county chair. |
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(e) If a presiding judge has not been appointed at the time |
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the county chair of a political party is required to submit a list |
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of names for the appointment of a clerk under this section, the list |
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of names shall be submitted to the county chair of the political |
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party whose candidate for governor received the most votes in the |
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precinct in the most recent gubernatorial election and to the |
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commissioners court. The county chair, or the commissioners court |
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in a county without a county chair, may [shall] appoint clerks from |
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the list in the same manner provided for a presiding judge to |
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appoint clerks by this section. |
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SECTION 3. Section 32.051, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (f) to read as |
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follows: |
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(a) Except as provided by Subsection (b), [or] (e), or (f), |
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to be eligible to serve as a judge of an election precinct, a person |
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must: |
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(1) be a qualified voter of the precinct; and |
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(2) for a regular county election precinct for which |
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an appointment is made by the commissioners court, satisfy any |
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additional eligibility requirements prescribed by written order of |
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the commissioners court. |
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(f) A person who has been placed on probation, deferred |
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adjudication, or community supervision for a misdemeanor offense is |
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not eligible to serve as a judge of an election precinct during the |
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term of the probation, deferred adjudication, or community |
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supervision. |
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SECTION 4. The changes in law made by this Act apply only to |
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an election judge or clerk appointed for an election ordered on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |