Bill Text: TX HB1862 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the appointment of election clerks.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-07 - Referred to Elections [HB1862 Detail]
Download: Texas-2023-HB1862-Introduced.html
| 88R7063 MLH-F | ||
| By: Jetton | H.B. No. 1862 | |
|
|
||
|
|
||
| relating to the appointment of election clerks. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 32.001, Election Code, is amended by | ||
| amending Subsection (b) and adding Subsection (c) to read as | ||
| follows: | ||
| (b) The alternate presiding judge shall serve as presiding | ||
| judge for an election if the regularly appointed presiding judge is | ||
| not present at a polling location or otherwise cannot serve. | ||
| (c) A person may not prevent an alternate presiding judge | ||
| from freely occupying or observing the area in which voters are | ||
| being accepted for voting. | ||
| SECTION 2. The heading to Section 32.031, Election Code, is | ||
| amended to read as follows: | ||
| Sec. 32.031. JUDGES [ |
||
| SECTION 3. Section 32.031(a), Election Code, is amended to | ||
| read as follows: | ||
| (a) The presiding judge and alternate presiding judge for | ||
| each election precinct shall each appoint [ |
||
| assist the judges [ |
||
| polling place served by the judges [ |
||
| SECTION 4. Section 32.033, Election Code, is amended to | ||
| read as follows: | ||
| Sec. 32.033. NUMBER OF CLERKS. (a) The authority that | ||
| appoints the election judges shall prescribe the maximum number of | ||
| clerks that each presiding judge and alternate presiding judge may | ||
| appoint for each election. The authority may prescribe different | ||
| maximums for different types of elections. | ||
| (b) Except as provided by Subsection (c), the presiding | ||
| judge shall appoint at least one clerk and the alternate presiding | ||
| judge shall appoint at least one clerk [ |
||
| precinct in each election. The presiding judge and alternate | ||
| presiding judge may each appoint as many additional clerks, within | ||
| the prescribed limit, as are necessary for the proper conduct of the | ||
| election. | ||
| (c) In each election ordered by the governor or a county | ||
| authority in which the regular county election precincts are | ||
| required to be used, the presiding judge and alternate presiding | ||
| judge shall each appoint clerks for each precinct in the number, | ||
| within the prescribed limit, the judges consider [ |
||
| necessary for the proper conduct of the election. | ||
| SECTION 5. Section 32.034, Election Code, is amended by | ||
| amending Subsections (b), (c), (d), and (e) and adding Subsection | ||
| (c-1) to read as follows: | ||
| (b) 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 | ||
| may, not later than the 30th [ |
||
| the 10th day before a special election to which Subsection (a) | ||
| applies, submit to a presiding judge and alternate presiding judge | ||
| a list containing the names of at least two persons who are eligible | ||
| for appointment as a clerk. If a timely list is submitted, the | ||
| presiding judge shall appoint at least one clerk from the list and | ||
| the alternate presiding judge shall appoint at least one clerk from | ||
| the list[ |
||
| (c) If only one additional clerk is to be appointed, the | ||
| presiding judge shall make the appointment from the list submitted | ||
| by the county chair of the party whose candidate for governor | ||
| received the highest number of votes in the county in the most | ||
| recent gubernatorial election [ |
||
| not required to make an appointment from any list. | ||
| (c-1) The presiding judge and alternate presiding judge | ||
| shall each appoint the same number of clerks to the extent possible | ||
| given the total number of clerks to be appointed. | ||
| (d) The presiding judge and the alternate presiding judge | ||
| shall make an appointment under this section not later than the | ||
| fifth day after the date the judges receive [ |
||
| list and shall deliver written notification of the appointment to | ||
| the appropriate county chair. | ||
| (e) If a presiding judge and an alternate presiding judge | ||
| have [ |
||
| political party is required to submit a list of names for the | ||
| appointment of a clerk under this section, a [ |
||
| shall be submitted by the county clerk to the county chair of the | ||
| political party that failed to timely submit a list of names [ |
||
| without a county chair, shall appoint clerks from the list in the | ||
| same manner provided for a presiding judge and an alternate | ||
| presiding judge to appoint clerks by this section. | ||
| SECTION 6. Section 32.032, Election Code, is repealed. | ||
| SECTION 7. This Act takes effect September 1, 2023. | ||
