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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 judges. |
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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 Subsections (b), (c), (c-1), and (e) and adding Subsection |
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(c-2) to read as follows: |
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(b) Election judges [Judges] appointed under Subsection (c) |
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[(a)] serve for a term of one year, except that a [the] |
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commissioners court by order recorded in its minutes may provide |
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for judges appointed in the county to serve a term of two years. A |
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judge's term begins: |
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(1) August 1 following appointment in a county with a |
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population of over 500,000 [to which Subsection (a)(1) applies]; or |
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(2) September 1 following appointment in a county with |
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a population of 500,000 or less [to which Subsection (a)(2) |
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applies]. |
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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 (b)(1) [(a)(1)] applies or before August of each year in |
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a county to which Subsection (b)(2) [(a)(2)] applies, the county |
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chair of a political party shall appoint a person who meets the |
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applicable eligibility requirements to serve as presiding judge in |
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each precinct of the county in which the political party's [whose] |
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candidate for governor received the highest [or second highest] |
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number of votes in the county in the most recent gubernatorial |
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general election and as an alternate presiding judge in each |
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precinct of the county in which the political party's candidate for |
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governor received the second highest number of votes in the county |
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in the most recent gubernatorial general election. On July 1 of each |
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year in a county to which Subsection (b)(1) applies, or on August 1 |
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of each year in a county to which Subsection (b)(2) applies, the |
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county chair shall submit in writing to the commissioners court a |
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list of names of persons appointed under this subsection [in order |
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of preference for each precinct who are eligible for appointment as |
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an election judge]. The county chair may amend or supplement the |
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chair's appointments under this subsection and the list of names of |
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persons submitted to the commissioners court [until the 20th day |
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before a general election or the 15th day before a special election] |
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in case an appointed election judge becomes unable to serve. [The |
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commissioners court shall appoint the first person meeting the |
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applicable eligibility requirements from the list submitted in |
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compliance with this subsection by the party with the highest |
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number of votes in the precinct as the presiding judge and 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 second highest number of votes in the precinct as the alternate |
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presiding judge.] |
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(c-1) If the candidates for governor of two political |
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parties received the same number of votes in the precinct, [the |
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first person meeting the applicable eligibility requirements from |
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the list submitted by] the county chair of the party whose candidate |
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for governor received the highest number of votes in the county |
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shall appoint [be appointed as] the presiding judge and [the first |
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person meeting the applicable eligibility requirements from the |
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list submitted by] the county chair of the party whose candidate for |
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governor received the second highest number of votes in the county |
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shall appoint [be appointed as] the alternate presiding judge. |
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[The commissioners court may reject the list if the persons whose |
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names are submitted on the list are determined not to meet the |
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applicable eligibility requirements.] |
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(c-2) Presiding judges [(c-1) For purposes of this |
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subsection, the county chair shall provide a list of names of |
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persons eligible for appointment as election judges. Judges] of |
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countywide polling places established under Section 43.007 must be |
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appointed [from the list of names of persons submitted by the county |
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chair in compliance with Subsection (c) except that in appointing a |
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person from the list the commissioners court shall apportion the |
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number of judges] in direct proportion to the percentage of |
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precincts located in the county [each county commissioners |
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precinct] won by each party in the last gubernatorial election. |
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Alternate presiding judges of countywide polling places |
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established under Section 43.007 must be appointed in direct |
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proportion to the percentage of precincts located in the county for |
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which each party had the second highest number of votes in the last |
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gubernatorial election. The county chair of the political party |
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that won the most votes in the county in the last gubernatorial |
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election shall select the polling places within the county at which |
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the chair will appoint the presiding judge or alternate presiding |
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judge in accordance with this subsection, and shall notify the |
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chair of the political party that won the second highest number of |
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votes in the county in the last gubernatorial election of the |
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polling locations chosen before April of each year in a county to |
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which Subsection (b)(1) applies or before May of each year in a |
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county to which Subsection (b)(2) applies. The list of names of |
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persons submitted to the commissioners court under Subsection (c) |
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shall include the polling places at which each person will serve [, |
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the commissioners court is not required to make the appointments |
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based on specific polling locations or precincts, a presiding judge |
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or 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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chairs 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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(e) The county chair of a political party [The commissioners |
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court] shall fill a vacancy in the position of presiding judge or |
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alternate presiding judge for the remainder of the unexpired term. |
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[An appointment to fill a vacancy may be made at any regular or |
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special term of court.] Not later than 48 hours after the county |
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clerk becomes aware of a vacancy, the county clerk shall notify the |
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county chair of the same political party with which the original |
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judge was affiliated or aligned of the vacancy. Not later than the |
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fifth day after the date of notification of the vacancy, the county |
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chair of the same political party with which the original judge was |
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affiliated or aligned shall appoint a qualified person to fill the |
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vacancy and submit to the commissioners court in writing the name of |
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the [a] person appointed [who is eligible for the appointment]. [If |
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a name is submitted in compliance with this subsection, the |
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commissioners court shall appoint that person to the unexpired |
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term.] If a name is not submitted in compliance with this |
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subsection, the county clerk shall submit to the commissioners |
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court a list of names of persons eligible as an appointee for the |
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unexpired term. The commissioners court shall appoint an eligible |
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person from the list who is affiliated or aligned with the same |
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party, if available. |
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SECTION 2. Section 32.007(f), Election Code, is amended to |
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read as follows: |
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(f) A person who is appointed as a replacement for a judge |
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originally appointed under Section 32.002 must be appointed by the |
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county chair of [affiliated or aligned with] the same political |
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party as was the original judge[, if possible, and the appointing |
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authority shall make a reasonable effort to consult with the party |
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chair of the appropriate political party before making an |
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appointment under this section]. |
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SECTION 3. Sections 32.002(a) and 32.012, Election Code, |
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are repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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an election judge appointed on or after the effective date of this |
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Act. The term of an election judge serving on the effective date of |
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this Act expires on the date specified by Section 32.002(b), |
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Election Code, as that section existed immediately before the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |