85R5025 GRM-F
 
  By: Reynolds H.B. No. 2734
 
 
 
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
  amending Subsection (c) and adding Subsection (c-1) to read as
  follows:
         (c)  The presiding judge and alternate presiding judge must
  be affiliated or aligned with different political parties, subject
  to this subsection.  Before July of each year in a county to which
  Subsection (a)(1) applies or before August of each year in a county
  to which Subsection (a)(2) applies, the county chair of a political
  party whose candidate for governor received the highest or second
  highest number of votes in the county in the most recent
  gubernatorial general election shall submit in writing to the
  county clerk [commissioners court] a list of names of persons in
  order of preference for each precinct who are eligible for
  appointment as an election judge.  The county chair may supplement
  the list of names of persons until the 20th day before a general
  election or the 15th day before a special election in case an
  appointed election judge becomes unable to serve. The county clerk
  shall prepare for the commissioners court a list of persons whose
  names were submitted by the county chairs and who are eligible to
  serve as election judges without changing the list's original order
  as submitted by the county chairs. The commissioners court shall
  appoint the first person who meets [meeting] the applicable
  eligibility requirements from the list prepared by the county clerk
  and whose name was submitted in compliance with this subsection by
  the party with the highest number of votes in the precinct as the
  presiding judge and the first person who meets [meeting] the
  applicable eligibility requirements from the list prepared by the
  county clerk and whose name was submitted in compliance with this
  subsection by the party with the second highest number of votes in
  the precinct as the alternate presiding judge. If the candidates
  for governor of two political parties received the same number of
  votes in the precinct, the first person who meets [meeting] the
  applicable eligibility requirements from the list prepared by the
  county clerk and whose name was submitted by the party whose
  candidate for governor received the highest number of votes in the
  county shall be appointed as the presiding judge and the first
  person who meets [meeting] the applicable eligibility requirements
  from the list prepared by the county clerk and whose name was
  submitted by the party whose candidate for governor received the
  second highest number of votes in the county shall be appointed as
  the alternate presiding judge.  The county clerk [commissioners
  court] may reject any person from the list if the person is [persons
  whose names are submitted on the list are] determined not to meet
  the applicable eligibility requirements. Before sending the list
  to the commissioners court, the county clerk shall notify the
  appropriate county chair of the proposed rejection and reason for
  rejection of a person from the list.
         (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 reflects the results of the last
  gubernatorial election, except that the commissioners court and
  county clerk are 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. The county
  clerk 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 [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), 32.010, and 32.0511(d),
  Election Code, are repealed.
         SECTION 10.  This Act takes effect September 1, 2017.