| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain election practices and procedures. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 32.002, Election Code, is amended by |
|
|
adding Subsection (c-1) to read as follows: |
|
|
(c-1) Judges of countywide polling places established under |
|
|
Section 43.007 must be appointed in compliance with Subsection (c) |
|
|
from the persons whose names were submitted for appointment by the |
|
|
county chairs in a manner that is directly proportional to the |
|
|
countywide vote received in the last gubernatorial election, except |
|
|
that the commissioners court is not required to make the |
|
|
appointments based on specific polling locations or precincts, a |
|
|
presiding judge or alternate presiding judge is not required to |
|
|
serve in a polling place located in the precinct in which the judge |
|
|
resides, and more than one presiding judge or alternate presiding |
|
|
judge may be selected from the same precinct to serve in polling |
|
|
places not located in the precinct in which the judges reside. If |
|
|
possible, a countywide polling place shall be located in a precinct |
|
|
where the presiding judge is from the political party that received |
|
|
the greatest number of votes in the last gubernatorial election. |
|
|
The county chairs may submit, and the commissioners court may |
|
|
preapprove, the appointment of more presiding judges or alternate |
|
|
presiding judges than necessary to fill available positions. The |
|
|
county clerk may select an individual whose appointment was |
|
|
preapproved by the commissioners court to fill a vacancy in a |
|
|
position that was held by an individual from the same political |
|
|
party. Other than a judge's party affiliation, nothing in this |
|
|
subsection precludes a county clerk from placing an election |
|
|
officer at a countywide polling place based on the need for services |
|
|
at that location. |
|
|
SECTION 2. Section 32.006(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) The county chair of a political party holding a primary |
|
|
election shall appoint for each primary[, with the approval of the
|
|
|
county executive committee,] the judges for each precinct in which |
|
|
the election will be held in the county and fill any vacancy that |
|
|
occurs in the position of presiding judge or alternate presiding |
|
|
judge. |
|
|
SECTION 3. Section 32.009(d), Election Code, is amended to |
|
|
read as follows: |
|
|
(d) A notice to a presiding judge must state the name, [and] |
|
|
address, and any available telephone number and e-mail address of |
|
|
the alternate, and a notice to an alternate must state the name, |
|
|
[and] address, and any available telephone number and e-mail |
|
|
address of the presiding judge. |
|
|
SECTION 4. Subchapter A, Chapter 32, Election Code, is |
|
|
amended by adding Section 32.012 to read as follows: |
|
|
Sec. 32.012. PROVISION OF INFORMATION RELATING TO ELECTION |
|
|
JUDGES APPOINTED BY COMMISSIONERS COURT. (a) After the |
|
|
commissioners court appoints a presiding election judge and an |
|
|
alternate presiding judge, the county clerk shall provide to the |
|
|
county chair of each political party a list of the individuals |
|
|
appointed by the commissioners court. |
|
|
(b) The appointment list must be provided in writing. |
|
|
SECTION 5. Section 32.114(e), Election Code, is amended to |
|
|
read as follows: |
|
|
(e) An election judge, early voting clerk, or deputy early |
|
|
voting clerk in charge of an early voting polling place is entitled |
|
|
to compensation for attending the training program at an hourly |
|
|
rate fixed by the appropriate authority in an amount that is equal |
|
|
to or greater than the federal minimum wage [not to exceed $7]. |
|
|
SECTION 6. Section 43.007(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) The secretary of state shall implement a program to |
|
|
allow each commissioners court participating in the program to |
|
|
eliminate county election precinct polling places and establish |
|
|
countywide polling places for: |
|
|
(1) each general election for state and county |
|
|
officers; |
|
|
(2) each election held on the uniform election date in |
|
|
May and any resulting runoff; |
|
|
(3) each election on a proposed constitutional |
|
|
amendment; |
|
|
(4) each primary election and runoff primary election |
|
|
if: |
|
|
(A) the county chair or county executive |
|
|
committee of each political party participating in a joint primary |
|
|
election under Section 172.126 agrees to the use of countywide |
|
|
polling places; or |
|
|
(B) the county chair or county executive |
|
|
committee of each political party required to nominate candidates |
|
|
by primary election agrees to use the same countywide polling |
|
|
places; and |
|
|
(5) each election of a political subdivision located |
|
|
in the county that is held jointly with an election described by |
|
|
Subdivision (1), (2), (3), or (4). |
|
|
SECTION 7. Section 85.009(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) Before July of each year, the county chair of each |
|
|
political party holding a primary election in the county shall |
|
|
submit in writing to the county clerk a list of names of persons in |
|
|
order of preference for each early voting polling place who are |
|
|
eligible for selection as an election officer. The county chair |
|
|
may supplement the list of names of persons until the 30th day |
|
|
before early voting begins in case an appointed election officer |
|
|
becomes unable to serve. The county clerk shall appoint the first |
|
|
person meeting the applicable eligibility requirements from the |
|
|
list submitted in compliance with this subsection by the party with |
|
|
the highest number of votes in the county as the presiding judge |
|
|
[election officer] of that polling place and the first person |
|
|
meeting the applicable eligibility requirements from the list |
|
|
submitted in compliance with this subsection by the party with the |
|
|
second highest number of votes in the county as the alternate |
|
|
presiding judge [election officer] of that polling place. The |
|
|
county clerk shall appoint additional election officers for each |
|
|
polling place in the manner described by Subsection (a). The |
|
|
county clerk may reject the list if the persons whose names are |
|
|
submitted on the list are determined not to meet the applicable |
|
|
eligibility requirements. |
|
|
SECTION 8. Subchapter A, Chapter 85, Election Code, is |
|
|
amended by adding Section 85.0091 to read as follows: |
|
|
Sec. 85.0091. EARLY VOTING ELECTION OFFICERS FOR PRIMARY |
|
|
ELECTIONS. (a) The early voting clerk shall select election |
|
|
officers for a primary election for the main early voting polling |
|
|
place and any branch polling place in a manner consistent with |
|
|
Section 85.009, except that the early voting clerk shall prescribe |
|
|
the deadline by which county chairs must submit names of persons |
|
|
eligible to serve as election officers during early voting. |
|
|
(b) This section does not apply to a joint primary governed |
|
|
by Section 172.126. |
|
|
SECTION 9. Sections 32.006(b) and 32.010, Election Code, |
|
|
are repealed. |
|
|
SECTION 10. This Act takes effect September 1, 2017. |