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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. Section 32.001, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The alternate presiding judge shall serve as presiding |
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judge for an election if the regularly appointed presiding judge is |
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not present at a polling location or otherwise cannot serve. |
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(c) A person may not prevent an alternate presiding judge |
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from freely occupying or observing the area in which voters are |
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being accepted for voting. |
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SECTION 2. 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 3. Section 32.031(a), Election Code, is amended to |
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read as follows: |
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(a) The presiding judge and alternate presiding judge for |
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each election precinct shall each appoint [the] election clerks to |
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assist the judges [judge] in the conduct of an election at the |
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polling place served by the judges [judge]. |
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SECTION 4. 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 Subsection (c), the presiding |
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judge shall appoint at least one clerk and the alternate presiding |
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judge shall appoint at least one clerk [two clerks] for each |
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precinct in each election. The presiding judge and alternate |
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presiding judge may each appoint as many additional clerks, within |
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the prescribed limit, as are necessary for the proper conduct of the |
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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, the presiding judge and alternate presiding |
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judge shall each appoint clerks for each precinct in the number, |
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within the prescribed limit, the judges consider [judge considers] |
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necessary for the proper conduct of the election. |
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SECTION 5. Section 32.034, Election Code, is amended by |
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amending Subsections (b), (c), (d), and (e) and adding Subsection |
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(c-1) 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 30th [25th] day before a general election or |
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the 10th day before a special election to which Subsection (a) |
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applies, submit to a presiding judge and alternate presiding judge |
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a list containing the names of at least two persons who are eligible |
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for appointment as a clerk. If a timely list is submitted, the |
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presiding judge shall appoint at least one clerk from the list and |
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the alternate presiding judge shall appoint at least one clerk from |
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the list[, except as provided by Subsection (c)]. |
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(c) If only one additional clerk is to be appointed, the |
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presiding judge shall make the appointment from the list submitted |
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by the county chair of the party whose candidate for governor |
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received the highest number of votes in the county in the most |
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recent gubernatorial election [for an election in which the |
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alternate presiding judge will serve as a clerk, the clerk shall be |
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appointed from the list of a political party with which neither the |
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presiding judge nor the alternate judge is affiliated or aligned, |
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if such a list is submitted. If two such lists are submitted, the |
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presiding judge shall decide from which list the appointment will |
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be made]. If such a list is not submitted, the presiding judge is |
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not required to make an appointment from any list. |
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(c-1) The presiding judge and alternate presiding judge |
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shall each appoint the same number of clerks to the extent possible |
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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 judges receive [judge receives] the |
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list and shall deliver written notification of the appointment to |
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the appropriate 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, a [the] list of names |
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shall be submitted by the county clerk to the county chair of the |
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political party that failed to timely submit a list of names [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 6. Section 32.032, Election Code, is repealed. |
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SECTION 7. This Act takes effect September 1, 2023. |