Bill Text: TX HB1735 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to election officers and practices; increasing a criminal penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1735 Detail]
Download: Texas-2017-HB1735-Comm_Sub.html
Bill Title: Relating to election officers and practices; increasing a criminal penalty; creating a criminal offense.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB1735 Detail]
Download: Texas-2017-HB1735-Comm_Sub.html
85R19823 JRJ-D | |||
By: Faircloth | H.B. No. 1735 | ||
Substitute the following for H.B. No. 1735: | |||
By: Fallon | C.S.H.B. No. 1735 |
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relating to the powers and duties of certain election officers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 32.002, Election Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) Following an oral warning to the election judge and with | ||
the concurrence of the county chair of the same political party with | ||
which the judge is affiliated or aligned, the county clerk may | ||
remove, replace, or reassign an election judge who causes a | ||
disruption in a polling location or wilfully disobeys the | ||
provisions of this code. A vacancy created under this subsection | ||
shall be filled in the same manner as an emergency appointment under | ||
Section 32.007. | ||
SECTION 2. Section 32.034, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) Following an oral warning to the election clerk and with | ||
the concurrence of the county chair of the same political party with | ||
which the election clerk is affiliated or aligned, the county clerk | ||
may remove, replace, or reassign an election clerk who causes a | ||
disruption in a polling location or wilfully disobeys the | ||
provisions of this code. A vacancy created under this subsection | ||
shall be filled by the presiding judge, who shall appoint a | ||
replacement election clerk who is affiliated or aligned with the | ||
same political party as the original clerk, if possible. | ||
SECTION 3. Subchapter A, Chapter 87, Election Code, is | ||
amended by adding Section 87.006 to read as follows: | ||
Sec. 87.006. EARLY VOTING BALLOT BOARD MEMBERS: OATH AND | ||
IDENTIFICATION. (a) A member of the early voting ballot board | ||
shall repeat the following oath aloud: | ||
"I swear (or affirm) that I will faithfully perform my duty as | ||
an officer of the election and guard the purity and integrity of the | ||
election." | ||
(b) A member of the early voting ballot board who arrives | ||
after the oath is made shall repeat the oath aloud before performing | ||
any duties as a member. | ||
(c) Following administration of the oath, each member of the | ||
early voting ballot board shall be issued a form of identification, | ||
prescribed by the secretary of state, to be displayed by the member | ||
during the member's hours of service on the board. | ||
SECTION 4. Subchapter G, Chapter 87, Election Code, is | ||
amended by adding Section 87.127 to read as follows: | ||
Sec. 87.127. RESOLUTION OF INCORRECT DETERMINATION BY EARLY | ||
VOTING BALLOT BOARD. (a) If a county election officer, as defined | ||
by Section 31.091, determines a ballot was incorrectly rejected or | ||
accepted by the early voting ballot board before the time set for | ||
convening the canvassing authority, the county election officer may | ||
petition a district court for injunctive or other relief as the | ||
court determines appropriate. | ||
(b) In an election ordered by the governor or by a county | ||
judge, the county election officer must confer with and establish | ||
the agreement of the county chair of each political party before | ||
petitioning the district court. | ||
SECTION 5. Subchapter A, Chapter 127, Election Code, is | ||
amended by adding Section 127.0015 to read as follows: | ||
Sec. 127.0015. CENTRAL COUNTING STATION OFFICERS: OATH AND | ||
IDENTIFICATION. (a) Election officers appointed under this | ||
subchapter shall repeat the following oath aloud: | ||
"I swear (or affirm) that I will faithfully perform my duty as | ||
an officer of the election and guard the purity and integrity of the | ||
election." | ||
(b) An officer who arrives after the oath is made shall | ||
repeat the oath aloud before performing any duties as an election | ||
officer. | ||
(c) Following administration of the oath, each election | ||
officer shall be issued a form of identification, prescribed by the | ||
secretary of state, to be displayed by the officer during the | ||
officer's hours of service at the central counting station. | ||
SECTION 6. This Act takes effect September 1, 2017. |