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A BILL TO BE ENTITLED
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AN ACT
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relating to certain election practices and procedures. |
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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 without changing the list's original order |
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as submitted by the county chairs. The commissioners court shall |
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appoint 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 highest number of votes in the precinct as the |
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presiding judge and the first person who meets [meeting] the |
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applicable eligibility requirements from the list prepared by the |
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county clerk and whose name was submitted in compliance with this |
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subsection by the party with the second highest number of votes in |
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the precinct as the alternate presiding judge. If the candidates |
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for governor of two political parties received the same number of |
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votes in the precinct, the first person who meets [meeting] the |
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applicable eligibility requirements from the list prepared by the |
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county clerk and whose name was submitted by the party whose |
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candidate for governor received the highest number of votes in the |
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county shall be appointed as the presiding judge and the first |
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person who meets [meeting] the applicable eligibility requirements |
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from the list prepared by the county clerk and whose name was |
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submitted by the party whose candidate for governor received the |
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second highest number of votes in the county shall be appointed as |
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the alternate presiding judge. The county clerk [commissioners
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court] may reject any person from the list if the person is [persons
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whose names are submitted on the list are] determined not to meet |
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the applicable eligibility requirements. Before sending the list |
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to the commissioners court, the county clerk shall notify the |
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appropriate county chair of the proposed rejection and reason for |
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rejection of a person from the list. |
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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 reflects the results of the last |
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gubernatorial election, except that the commissioners court and |
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county clerk are not required to make the appointments based on |
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specific polling locations or precincts, a presiding judge or |
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alternate presiding judge is not required to serve in a polling |
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place located in the precinct in which the judge resides, and more |
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than one presiding judge or alternate presiding judge may be |
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selected from the same precinct to serve in polling places not |
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located in the precinct in which the judges reside. The county |
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clerk may submit, and the commissioners court may preapprove, the |
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appointment of more presiding judges or alternate presiding judges |
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than necessary to fill available positions. The county clerk may |
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select an individual whose appointment was preapproved by the |
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commissioners court to fill a vacancy in a position that was held by |
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an individual from the same political party. Other than a judge's |
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party affiliation, nothing in this subsection precludes a county |
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clerk from placing an election officer at a countywide polling |
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place based on 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 a list of the individuals |
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appointed by the commissioners court. |
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(b) The appointment list must be provided in writing. |
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SECTION 5. Section 32.114(e), Election Code, is amended to |
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read as follows: |
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(e) An election judge, early voting clerk, or deputy early |
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voting clerk in charge of an early voting polling place is entitled |
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to compensation for attending the training program at an hourly |
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rate fixed by the appropriate authority [not to exceed $7]. |
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SECTION 6. Section 43.007(a), Election Code, is amended to |
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read as follows: |
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(a) The secretary of state shall implement a program to |
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allow each commissioners court participating in the program to |
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eliminate county election precinct polling places and establish |
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countywide polling places for: |
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(1) each general election for state and county |
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officers; |
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(2) each election held on the uniform election date in |
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May and any resulting runoff; |
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(3) each election on a proposed constitutional |
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amendment; |
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(4) each primary election and runoff primary election |
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if: |
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(A) the county chair or county executive |
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committee of each political party participating in a joint primary |
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election under Section 172.126 agrees to the use of countywide |
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polling places; or |
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(B) the county chair or county executive |
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committee of each political party required to nominate candidates |
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by primary election agrees to use the same countywide polling |
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places; and |
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(5) each election of a political subdivision located |
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in the county that is held jointly with an election described by |
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Subdivision (1), (2), (3), or (4). |
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SECTION 7. 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 8. 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 a manner consistent with |
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Section 85.009, 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 during early voting. |
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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 9. Sections 32.006(b), 32.010, and 32.0511(d), |
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Election Code, are repealed. |
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SECTION 10. This Act takes effect September 1, 2017. |