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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the county clerk with respect to |
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certain early voting election officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.009, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Before July of each year, the county chair of a [each] |
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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 [holding a primary election in the
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county] shall submit in writing to the county clerk a list of names |
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of persons in order of preference for each early voting polling |
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place who are eligible for selection as an election officer. The |
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county chair may supplement the list of names of persons until the |
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30th day before early voting begins in case an appointed election |
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officer becomes unable to serve. The county clerk shall appoint the |
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first person meeting the applicable eligibility requirements from |
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the list submitted in compliance with this subsection by the party |
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with the highest number of votes in the county as the presiding |
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election officer of that polling place and the first person meeting |
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the 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 county as the alternate presiding |
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election officer of that polling place. The county clerk shall |
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appoint additional election officers for each polling place in the |
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manner described by Subsection (a). The county clerk may reject the |
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list if the persons whose names are submitted on the list are |
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determined not to meet the applicable eligibility requirements. |
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(d) After early voting has begun, the county clerk may: |
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(1) dismiss an election officer for an early voting |
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polling place if the officer is not able to meet the statutory |
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requirements of the position or if the officer has poor hygiene and |
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replace the officer with another person from the appropriate |
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party's list submitted under Subsection (b), or if a list is not |
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submitted, another person in a manner ensuring equal representation |
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to the extent possible for the parties holding a primary election in |
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the county; or |
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(2) transfer early voting officers among early voting |
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polling places in a manner that ensures equal representation to the |
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extent possible for the parties holding a primary election in the |
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county. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |