85R5026 JRJ-F
 
  By: Faircloth H.B. No. 1735
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of certain election officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.002, Election Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  Following an oral warning to the election judge and
  notice to the county chair of the same political party with which
  the judge is affiliated or aligned, the county clerk may remove,
  replace, or reassign an election judge who causes a disruption in a
  polling location or wilfully disobeys the provisions of this code.
  A vacancy created under this subsection shall be filled in the same
  manner as an emergency appointment under Section 32.007.
         SECTION 2.  Subchapter A, Chapter 87, Election Code, is
  amended by adding Section 87.006 to read as follows:
         Sec. 87.006.  EARLY VOTING BALLOT BOARD MEMBERS: OATH AND
  IDENTIFICATION. (a) A member of the early voting ballot board
  shall repeat the following oath aloud:
         "I swear (or affirm) that I will faithfully perform my duty as
  an officer of the election and guard the purity and integrity of the
  election."
         (b)  A member of the early voting ballot board who arrives
  after the oath is made shall repeat the oath aloud before performing
  any duties as a member.
         (c)  Following administration of the oath, each member of the
  early voting ballot board shall be issued a form of identification,
  prescribed by the secretary of state, to be displayed by the member
  during the member's hours of service on the board.
         SECTION 3.  Subchapter G, Chapter 87, Election Code, is
  amended by adding Section 87.127 to read as follows:
         Sec. 87.127.  RESOLUTION OF INCORRECT DETERMINATION BY EARLY
  VOTING BALLOT BOARD. (a) If a county election officer, as defined
  by Section 31.091, determines a ballot was incorrectly rejected by
  the early voting ballot board before the time set for convening the
  canvassing authority, the county election officer may petition a
  district court for injunctive or other relief as the court
  determines appropriate.
         (b)  In an election ordered by the governor or by a county
  judge, the county election officer must confer with and establish
  the agreement of the county chair of each political party before
  petitioning the district court.
         SECTION 4.  Subchapter A, Chapter 127, Election Code, is
  amended by adding Section 127.0015 to read as follows:
         Sec. 127.0015.  CENTRAL COUNTING STATION OFFICERS: OATH AND
  IDENTIFICATION. (a) Election officers appointed under this
  subchapter shall repeat the following oath aloud:
         "I swear (or affirm) that I will faithfully perform my duty as
  an officer of the election and guard the purity and integrity of the
  election."
         (b)  An officer who arrives after the oath is made shall
  repeat the oath aloud before performing any duties as an election
  officer.
         (c)  Following administration of the oath, each election
  officer shall be issued a form of identification, prescribed by the
  secretary of state, to be displayed by the officer during the
  officer's hours of service at the central counting station.
         SECTION 5.  This Act takes effect September 1, 2017.