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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of election clerks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 32.031, Election Code, is |
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amended to read as follows: |
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Sec. 32.031. JUDGES [PRESIDING JUDGE] TO APPOINT CLERKS. |
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SECTION 2. Section 32.031, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except for the election clerk appointed by the alternate |
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presiding judge under Subsection (a-1), the [The] presiding judge |
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for each election precinct shall appoint the election clerks to |
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assist the judge in the conduct of an election at the polling place |
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served by the judge. |
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(a-1) The alternate presiding judge for each election |
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precinct shall appoint one election clerk to assist the alternate |
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presiding judge in the conduct of an election at the polling place |
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served by the alternate presiding judge. |
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SECTION 3. Section 32.033, Election Code, is amended to |
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read as follows: |
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Sec. 32.033. NUMBER OF CLERKS. (a) The authority that |
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appoints the election judges shall prescribe the maximum number of |
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clerks that each presiding judge and alternate presiding judge may |
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appoint for each election. The authority may prescribe different |
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maximums for different types of elections. |
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(b) Except as provided by Subsections [Subsection] (c) and |
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(d), the presiding judge shall appoint at least one clerk and the |
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alternate presiding judge shall appoint one clerk [two clerks] for |
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each precinct in each election. The presiding judge [and] may |
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appoint as many additional clerks, within the prescribed limit, as |
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are necessary for the proper conduct of the election. |
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(c) In each election ordered by the governor or a county |
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authority in which the regular county election precincts are |
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required to be used, in addition to the clerk appointed by the |
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alternate presiding judge the presiding judge shall appoint clerks |
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for each precinct in the number, within the prescribed limit, the |
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judge considers necessary for the proper conduct of the election. |
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(d) In a county with a population of more than one million, |
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the alternate presiding judge shall appoint at least one clerk. The |
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presiding judge and alternate presiding judge shall each appoint |
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the same number of clerks to the extent possible given the total |
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number of clerks to be appointed. |
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SECTION 4. Section 32.034, Election Code, is amended by |
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amending Subsections (b), (d), and (e) and adding Subsection (b-1) |
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to read as follows: |
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(b) The county chair of a political party whose candidate |
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for governor received the highest or second highest number of votes |
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in the county in the most recent gubernatorial general election |
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may, not later than the 25th day before a general election or the |
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10th day before a special election to which Subsection (a) applies, |
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submit to a presiding judge and alternate presiding judge a list |
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containing the names of at least two persons who are eligible for |
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appointment as a clerk. If a timely list is submitted, the presiding |
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judge shall appoint at least one clerk from the list and the |
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alternate presiding judge shall appoint one clerk from the list[, |
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except as provided by Subsection (c)]. |
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(b-1) Notwithstanding Subsection (b), in a county with a |
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population of more than one million, the alternate presiding judge |
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shall appoint at least one clerk. The presiding judge and alternate |
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presiding judge shall each appoint the same number of clerks to the |
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extent possible given the total number of clerks to be appointed. |
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(d) The presiding judge and the alternate presiding judge |
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shall make an appointment under this section not later than the |
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fifth day after the date the judge receives the list and shall |
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deliver written notification of the appointment to the appropriate |
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county chair. |
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(e) If a presiding judge and an alternate presiding judge |
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have [has] not been appointed at the time the county chair of a |
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political party is required to submit a list of names for the |
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appointment of a clerk under this section, the list of names shall |
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be submitted to the county chair of the political party whose |
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candidate for governor received the most votes in the precinct in |
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the most recent gubernatorial election and to the commissioners |
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court. The county chair, or the commissioners court in a county |
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without a county chair, shall appoint clerks from the list in the |
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same manner provided for a presiding judge and an alternate |
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presiding judge to appoint clerks by this section. |
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SECTION 5. Section 32.034(c), Election Code, is repealed. |
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SECTION 6. This Act takes effect September 1, 2023. |