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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment and duties of election officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.002, Election Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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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 in a county to which |
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Subsection (a)(1) applies or before August of each year in a county |
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to which Subsection (a)(2) applies, the county chair of a political |
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party whose candidate for governor received the highest or second |
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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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county clerk [commissioners court] a list of names of persons in |
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order of preference for each precinct who are eligible for |
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appointment as an election judge. The county chair may supplement |
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the list of names of persons until the 20th day before a general |
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election or the 15th day before a special election in case an |
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appointed election judge becomes unable to serve. The county clerk |
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shall prepare for the commissioners court a list of persons whose |
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names were submitted by the county chairs and who are eligible to |
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serve as election judges. The commissioners court shall appoint the |
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first person who meets [meeting] the applicable eligibility |
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requirements from the list prepared by the county clerk and whose |
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name was submitted in compliance with this subsection by the party |
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with the highest number of votes in the precinct as the presiding |
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judge and the first person who meets [meeting] the applicable |
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eligibility requirements from the list prepared by the county clerk |
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and whose name was submitted in compliance with this subsection by |
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the party with the second highest number of votes in the precinct as |
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the alternate presiding judge. If the candidates for governor of |
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two political parties received the same number of votes in the |
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precinct, the first person who meets [meeting] the applicable |
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eligibility requirements from the list prepared by the county clerk |
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and whose name was submitted by the party whose candidate for |
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governor received the highest number of votes in the county shall be |
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appointed as the presiding judge and the first person who meets |
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[meeting] the applicable eligibility requirements from the list |
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prepared by the county clerk and whose name was submitted by the |
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party whose candidate for governor received the second highest |
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number of votes in the county shall be appointed as the alternate |
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presiding judge. The county clerk [commissioners court] may |
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reject any person from the list if the person is [persons whose
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names are submitted on the list are] determined not to meet the |
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applicable eligibility requirements. |
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(c-1) Judges of countywide polling places established under |
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Section 43.007 must be appointed in compliance with Subsection (c) |
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from the persons whose names were submitted for appointment by the |
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county chairs in a manner that provides equitable representation, |
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except that the commissioners court and county clerk are not |
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required to make the appointments based on specific polling |
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locations, a judge is not required to serve in a polling place |
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located in the precinct in which the judge resides, and more than |
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one presiding judge or alternate presiding judge may be selected |
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from the same precinct to serve in polling places not located in the |
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precinct in which the judges reside. The county clerk may submit, |
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and the commissioners court may preapprove, the appointment of more |
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presiding judges or alternate presiding judges than necessary to |
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fill available positions. The county clerk may select an |
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individual whose appointment was preapproved to fill a vacancy in a |
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position that was held by an individual from the same political |
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party. Nothing in this subsection precludes a county clerk from |
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placing an election officer at a countywide polling place based on |
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the need for services at that location. |
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SECTION 2. Section 32.006(a), Election Code, is amended to |
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read as follows: |
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(a) The county chair of a political party holding a primary |
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election shall appoint for each primary[, with the approval of the
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county executive committee,] the judges for each precinct in which |
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the election will be held in the county and fill any vacancy that |
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occurs in the position of presiding judge or alternate presiding |
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judge. |
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SECTION 3. Section 32.009(d), Election Code, is amended to |
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read as follows: |
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(d) A notice to a presiding judge must state the name, [and] |
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address, and any available telephone number and e-mail address of |
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the alternate, and a notice to an alternate must state the name, |
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[and] address, and any available telephone number and e-mail |
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address of the presiding judge. |
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SECTION 4. Subchapter A, Chapter 32, Election Code, is |
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amended by adding Section 32.012 to read as follows: |
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Sec. 32.012. PROVISION OF INFORMATION RELATING TO ELECTION |
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JUDGES APPOINTED BY COMMISSIONERS COURT. (a) After the |
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commissioners court appoints a presiding election judge and an |
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alternate presiding judge, the county clerk shall provide to the |
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county chair of each political party that submitted names for |
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appointment the appointment list that includes each appointed |
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judge's name, residence precinct, appointment location, address, |
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and any available telephone number and e-mail address. |
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(b) The appointment list must be provided in writing. |
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SECTION 5. Section 85.009(b), Election Code, is amended to |
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read as follows: |
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(b) Before July of each year, the county chair of each |
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political party holding a primary election in the county shall |
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submit in writing to the county clerk a list of names of persons in |
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order of preference for each early voting polling place who are |
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eligible for selection as an election officer. The county chair |
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may supplement the list of names of persons until the 30th day |
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before early voting begins in case an appointed election officer |
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becomes unable to serve. The county clerk shall appoint the first |
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person meeting the applicable eligibility requirements from the |
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list submitted in compliance with this subsection by the party with |
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the highest number of votes in the county as the presiding judge |
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[election officer] of that polling place and the first person |
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meeting the applicable eligibility requirements from the list |
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submitted in compliance with this subsection by the party with the |
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second highest number of votes in the county as the alternate |
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presiding judge [election officer] of that polling place. The |
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county clerk shall appoint additional election officers for each |
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polling place in the manner described by Subsection (a). The |
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county clerk may reject the list if the persons whose names are |
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submitted on the list are determined not to meet the applicable |
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eligibility requirements. |
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SECTION 6. Subchapter A, Chapter 85, Election Code, is |
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amended by adding Section 85.0091 to read as follows: |
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Sec. 85.0091. EARLY VOTING ELECTION OFFICERS FOR PRIMARY |
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ELECTIONS. (a) The early voting clerk shall select election |
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officers for a primary election for the main early voting polling |
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place and any branch polling place in the manner that Section 85.009 |
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provides for the county clerk to select officers from the |
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appropriate political party, except that the early voting clerk |
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shall prescribe the deadline by which county chairs must submit |
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names of persons eligible to serve as election officers. |
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(b) This section does not apply to a joint primary governed |
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by Section 172.126. |
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SECTION 7. Sections 32.006(b), 32.010, and 32.0511(d), |
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Election Code, are repealed. |
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SECTION 8. This Act takes effect September 1, 2015. |