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A BILL TO BE ENTITLED
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AN ACT
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relating to election judges and clerks. |
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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 (c) and (c-1) and adding Subsection (h) to |
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read as 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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commissioners court a list of names of persons in order of |
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preference for each precinct who are eligible for appointment as an |
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election judge. The county chair may supplement the list of names |
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of persons until the fifth [20th] day before a general election or |
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[the 15th day before] a special election in case an appointed |
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election judge becomes unable to serve. The county chair of |
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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 shall appoint the first person |
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meeting the applicable eligibility requirements from the list |
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submitted by that party chair under this subsection as the |
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presiding judge, and the county chair of [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 second |
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highest number of votes in the precinct shall appoint the first |
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person meeting the applicable eligibility requirements from the |
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list submitted by that party chair under this subsection as the |
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alternate presiding judge. If either county chair is unable to make |
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an appointment for presiding judge or alternate presiding judge, |
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the commissioners court shall appoint the first person meeting the |
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applicable eligibility requirements from the list submitted by the |
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applicable county chair to the applicable position. If the |
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candidates for governor of two political parties received the same |
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number of votes in the precinct, the first person meeting the |
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applicable eligibility requirements from the list submitted by the |
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party whose candidate for governor received the highest number of |
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votes in the county shall be appointed as the presiding judge and |
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the first person meeting the applicable eligibility requirements |
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from the list submitted by the party whose candidate for governor |
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received the second highest number of votes in the county shall be |
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appointed as the alternate presiding judge. The commissioners |
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court may reject the list if the persons whose names are submitted |
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on the list are determined not to meet the applicable eligibility |
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requirements. |
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(c-1) For purposes of this subsection, the county chair |
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shall provide a list of names of persons eligible for appointment as |
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election judges. Judges of countywide polling places established |
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under Section 43.007 must be appointed from the list of names of |
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persons submitted by the county chair in compliance with Subsection |
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(c) except that in appointing a person from the list the county |
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chair or commissioners court, as applicable, shall apportion the |
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number of judges in direct proportion to the percentage of |
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precincts located in each county commissioners precinct won by each |
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party in the last gubernatorial election, the county chair or |
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commissioners court is not required to make the appointments based |
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on 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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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 shall |
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[may] 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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chair or county clerk from placing an election officer at a |
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countywide polling place based on the need for services at that |
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location. |
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(h) To the extent possible a judge may not be required to |
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serve at a polling place that would require the judge to travel more |
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than an estimated 20 minutes from the judge's residence. |
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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 the judges for each |
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precinct polling place or countywide polling place at [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. Sections 32.007(a), (c), and (f), Election Code, |
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are amended to read as follows: |
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(a) If neither the presiding judge nor the alternate |
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presiding judge can serve in an election and their inability to |
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serve is discovered after the fifth [20th] day before a general |
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election or [the 15th day before a] special election, the presiding |
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officer of the appointing authority or the authority if a single |
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officer shall appoint a replacement judge to preside at the |
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election, subject to Subsection (f). If the appointing authority |
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is unavailable, the authority responsible for distributing the |
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supplies for the election shall appoint the replacement judge. |
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(c) The appointing authority shall promptly give notice of |
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the emergency appointment to the county chair of each political |
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party that submitted a list under Section 32.002(c) and to the |
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authority responsible for distributing the supplies for the |
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election. As soon as practicable but not later than the time for |
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closing the polls for the election, the appointing authority shall |
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prepare a written memorandum of the appointment and deliver a |
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signed copy to the presiding officer of the local canvassing |
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authority and to the general custodian of election records. The |
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copies shall be preserved for the period for preserving the |
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precinct election records. |
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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 affiliated or |
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aligned with the same political party as was the original judge, if |
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possible, and the appointing authority shall [make a reasonable |
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effort to] consult with and receive approval in writing from the |
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party chair of the appropriate political party before making an |
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appointment under this section. |
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SECTION 4. Sections 32.009(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) Each presiding election judge, [and] alternate |
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presiding judge, and county chair of each political party shall be |
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given written notice of the appointment as provided by this |
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section. |
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(b) The authority responsible for distributing the supplies |
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for the election for which the judge is appointed shall prepare and |
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deliver the notice not later than the seventh [20th] day after the |
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date the appointment is made. |
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SECTION 5. Section 32.012, Election Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) A county clerk shall provide a copy of any communication |
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sent to a presiding judge, alternate presiding judge, or election |
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clerk notifying the official of the official's appointment to the |
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county chair of each political party. |
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(d) The county clerk shall use an online, secure |
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communications platform that restricts access to selected |
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individuals to allow the county chair of each political party or |
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officers of the political party designated by the chair to access |
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and view in real time: |
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(1) the name and contact information of each judge or |
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clerk; |
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(2) the name and address of each polling place; |
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(3) the identity of each judge or clerk that has been |
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assigned to each polling place; |
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(4) the date each assignment was made; and |
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(5) any other information determined by the county |
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clerk to be relevant to the timely and appropriate assignment of |
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judges and clerks to polling places. |
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(e) The county clerk shall ensure that the county chair of |
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each political party or officers of the political party designated |
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by the chair have access to the platform described by Subsection (d) |
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not later than the 60th day before the date of the election. |
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SECTION 6. Section 32.031, Election Code, is amended to |
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read as follows: |
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Sec. 32.031. PRESIDING JUDGE TO APPOINT CLERKS. (a) The |
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presiding judge for each election precinct shall appoint [the] |
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election clerks from the presiding judge's political party 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. The presiding judge shall select the clerks |
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from the list provided by the county chair of the presiding judge's |
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political party under Section 32.034. |
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(b) The alternate presiding judge for each election |
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precinct shall appoint election clerks from the alternate presiding |
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judge's political party to assist the judge in the conduct of an |
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election at the polling place served by the judge. The alternate |
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presiding judge shall select the clerks from the list provided by |
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the county chair of the alternate presiding judge's political party |
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under Section 32.034. |
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(c) The appointment of an election clerk is for a single |
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election only. |
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SECTION 7. Sections 32.033(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (c), the presiding |
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judge and alternate presiding judge shall each appoint at least one |
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clerk [two clerks] for each precinct in each election 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, provided that |
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to the extent possible, the number of clerks from each political |
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party be kept equal. |
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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 at least one clerk [clerks] for each |
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precinct in the number, within the prescribed limit, the judge |
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considers necessary for the proper conduct of the election, |
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provided that to the extent possible, the number of clerks from each |
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political party be kept equal. |
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SECTION 8. Sections 32.034(a), (b), (c), and (e), Election |
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Code, are amended to read as follows: |
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(a) The clerks for the general election for state and county |
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officers or for a special election to fill a vacancy in an office |
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regularly filled at the general election shall be selected from |
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different political parties [if possible]. |
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(b) The county chair of each [a] political party 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 may, not later than the 25th day before a general |
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election or the 10th day before a special election to which |
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Subsection (a) applies, submit to the commissioners court [a |
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presiding judge] a list containing the names of at least two persons |
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who are eligible for appointment as a clerk at each polling place. |
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If a timely list is submitted, the presiding judge and alternate |
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presiding judge shall appoint at least one clerk from the list |
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provided by the county chair of the presiding judge's or alternate |
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presiding judge's party, except as provided by Subsection (c). |
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(c) If only one additional clerk is to be appointed for an |
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election in which the alternate presiding judge will serve as a |
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clerk, the clerk shall be appointed from the list of a political |
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party with which neither the presiding judge nor the alternate |
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judge is affiliated or aligned, if such a list is submitted. [If |
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two such lists are submitted, the presiding judge shall decide from |
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which list the appointment will be made. If such a list is not |
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submitted, the presiding judge is not required to make an |
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appointment from any list.] |
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(e) If a presiding judge has not been appointed at the time |
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the county chair of a political party is required to submit a list |
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of names for the appointment of a clerk under this section, the list |
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of names shall be submitted to the county chair of the political |
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party whose candidate for governor received the most votes in the |
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precinct in the most recent gubernatorial election and to the |
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commissioners court. The county chair, or the commissioners court |
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if [in a county without] a county chair is unable, shall appoint |
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clerks from the list in the same manner provided for a presiding |
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judge or alternate presiding judge to appoint clerks by this |
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section. |
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SECTION 9. Section 32.051, Election Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) To the extent possible a clerk may not be required to |
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serve at a polling place that would require the clerk to travel more |
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than an estimated 20 minutes from the clerk's residence. |
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SECTION 10. Section 32.114(c), Election Code, is amended to |
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read as follows: |
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(c) The county clerk shall: |
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(1) post a notice of the time and place of each session |
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on the county's Internet website, if the county maintains an |
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Internet website, and may post the notice on the bulletin board used |
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for posting notice of meetings of the commissioners court and shall |
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include on the notice a statement that the program is open to the |
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public; |
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(1-a) post notice of the time and place of each session |
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on the bulletin board used for posting notice of meetings of the |
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commissioners court, if the county does not maintain an Internet |
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website, and shall include on the notice a statement that the |
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program is open to the public; |
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(2) notify each presiding judge and alternate |
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presiding judge [appointed by the commissioners court] of the time |
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and place of each session and of the duty of each election judge to |
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complete the training program; |
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(3) notify the county chair of each political party in |
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the county of the time and place of each session; and |
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(4) notify the voter registrar of the date, hour, and |
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place of each session. |
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SECTION 11. Sections 32.011 and 32.032, Election Code, are |
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repealed. |
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SECTION 12. This Act takes effect September 1, 2025. |