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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 as |
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election judges for the precincts in the geographic vicinity of the |
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countywide polling place. |
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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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JUDGE APPOINTED BY COMMISSIONERS COURT. (a) After the |
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commissioners court appoints an election judge, the county clerk |
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shall provide to the county chair of each political party that |
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submitted names for appointment the appointment list that includes |
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each appointed judge's name, precinct, address, and any available |
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telephone number and e-mail address. |
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(b) The appointment list must be provided in writing or by |
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posting the list on the county's website. |
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SECTION 5. Section 32.034, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The person who appoints an election clerk under this |
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section shall provide to the county chair of each political party |
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that submitted names for appointment under Subsection (b) the |
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appointment list that includes each appointed clerk's name, |
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precinct, address, and any available telephone number and e-mail |
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address. If the commissioners court appoints a clerk as provided by |
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Subsection (e), the county clerk must provide the appointment list |
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under this section. |
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SECTION 6. Section 32.051(c), Election Code, is amended to |
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read as follows: |
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(c) Except as provided by Section 32.0511, to be eligible to |
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serve as a clerk of an election precinct, a person must be a |
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qualified voter and, to the extent practicable, the person should |
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be a qualified voter: |
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(1) of the county, in a countywide election ordered by |
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the governor or a county authority or in a primary election; |
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(2) of the part of the county in which the election is |
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held, for an election ordered by the governor or a county authority |
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that does not cover the entire county of the person's residence; or |
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(3) of the political subdivision, in an election |
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ordered by an authority of a political subdivision other than a |
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county. |
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SECTION 7. Subchapter D, Chapter 32, Election Code, is |
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amended by adding Section 32.076 to read as follows: |
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Sec. 32.076. PRESENCE OF OFFICER FROM DIFFERENT POLITICAL |
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PARTY REQUIRED. When the presiding judge is performing any |
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activity within the polling location related to handling ballots or |
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voting machines, counting ballots or recording results, or any |
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similar activity, an alternate presiding judge or clerk whose name |
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was submitted for appointment by a political party other than the |
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party that submitted the presiding judge's name for appointment |
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must be present to allow the alternate presiding judge or clerk to |
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observe the activity or hear any discussion between election |
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workers. |
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SECTION 8. 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 9. 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 CERTAIN |
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PARTISAN ELECTIONS. (a) This section applies only to an election |
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that is not held jointly with the general election for state and |
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county officers and is a special election or election for city |
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officers in which a candidate's political party alignment is |
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indicated on the ballot. |
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(b) The early voting clerk shall select election officers |
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for the main early voting polling place and any branch polling place |
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in the manner that Section 85.009 provides for the county clerk to |
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select officers, except that the early voting clerk shall prescribe |
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the deadline by which county chairs must submit names of persons |
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eligible to serve as election officers. |
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SECTION 10. Section 172.126(c), Election Code, is amended |
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to read as follows: |
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(c) One set of election officers shall conduct the primary |
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elections at each polling place. Not later than the second Monday in |
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December preceding the primary elections, each county chair shall |
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deliver to the county clerk a list of the names of the election |
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judges and clerks for that party. The presiding judge of each party, |
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or alternate judge if applicable, serves as a co-judge for the |
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precinct. If an eligible presiding co-judge and alternate co-judge |
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cannot be found to serve for a particular party in a precinct, the |
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county clerk may appoint any voter meeting the qualifications of |
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election judge to serve as the presiding judge in the precinct [a
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joint primary may not be conducted in that precinct, and that
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precinct must be consolidated with another precinct that has an
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eligible presiding co-judge and alternate co-judge to serve for
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each party]. The county clerk shall appoint the election clerks in |
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accordance with rules prescribed by the secretary of state. The |
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secretary of state shall prescribe the maximum number of clerks |
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that may be appointed for each precinct. The early voting ballot |
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board and any central counting station shall also be composed of and |
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administered by one set of election officers that provides |
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representation for each party, and the secretary of state by rule |
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shall prescribe procedures consistent with this subsection for the |
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appointment of those officers. |
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SECTION 11. Sections 32.006(b), 32.010, and 32.0511(d), |
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Election Code, are repealed. |
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SECTION 12. This Act takes effect September 1, 2015. |