Bill Text: TX HB22 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the powers and duties of a presiding judge and alternate presiding judge in an election.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-23 - Referred to Constitutional Rights & Remedies [HB22 Detail]
Download: Texas-2021-HB22-Introduced.html
| 87S20228 JON-F | ||
| By: Jetton | H.B. No. 22 | |
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| relating to the powers and duties of a presiding judge and alternate | ||
| presiding judge in an election. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 32.031, Election Code, is | ||
| amended to read as follows: | ||
| Sec. 32.031. PRESIDING JUDGE AND ALTERNATE PRESIDING JUDGE | ||
| TO APPOINT CLERKS. | ||
| SECTION 2. 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 the election clerks to | ||
| assist the presiding judge and alternate presiding judge in the | ||
| conduct of an election at the polling place served by the presiding | ||
| judge and alternate presiding judge. | ||
| SECTION 3. Sections 32.033(a), (b), and (c), Election Code, | ||
| are amended to read as follows: | ||
| (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 and alternate presiding judge shall each appoint at least one | ||
| clerk [ |
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| 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 presiding judge and alternate | ||
| presiding judge consider [ |
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| conduct of the election. | ||
| SECTION 4. Sections 32.034(b), (c), and (d), Election Code, | ||
| are amended 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 25th day before a general election or the | ||
| 10th day before a special election to which Subsection (a) applies, | ||
| submit to a presiding judge and an 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 from both parties is | ||
| submitted, the presiding judge and alternate presiding judge shall | ||
| each appoint at least one clerk from those lists [ |
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| as provided by Subsection (c). 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. | ||
| (c) If only one additional clerk is to be appointed for an | ||
| election [ |
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| party with which neither the presiding judge nor the alternate | ||
| judge is affiliated or aligned, if such a list is submitted. [ |
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| [ |
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| alternate presiding judge are [ |
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| appointment from any list. | ||
| (d) The presiding judge and alternate presiding judge shall | ||
| make an appointment under this section not later than the fifth day | ||
| after the date the judges receive [ |
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| shall deliver written notification of the appointment to the | ||
| appropriate county chair. | ||
| SECTION 5. Subchapter D, Chapter 32, Election Code, is | ||
| amended by adding Section 32.0715 to read as follows: | ||
| Sec. 32.0715. ALTERNATE PRESIDING JUDGE. (a) An alternate | ||
| presiding judge shall have access to the voting area at all times | ||
| the polling place is open for voting and a presiding judge may not | ||
| assign any duty to an alternate presiding judge that prevents | ||
| continuous access to that area. | ||
| (b) The alternate presiding judge shall assume the | ||
| responsibilities of the presiding judge if the presiding judge is | ||
| not present at the polling place. | ||
| SECTION 6. Section 573.061, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not | ||
| apply to: | ||
| (1) an appointment to the office of a notary public or | ||
| to the confirmation of that appointment; | ||
| (2) an appointment of a page, secretary, attendant, or | ||
| other employee by the legislature for attendance on any member of | ||
| the legislature who, because of physical infirmities, is required | ||
| to have a personal attendant; | ||
| (3) a confirmation of the appointment of an appointee | ||
| appointed to a first term on a date when no individual related to | ||
| the appointee within a degree described by Section 573.002 was a | ||
| member of or a candidate for the legislature, or confirmation on | ||
| reappointment of the appointee to any subsequent consecutive term; | ||
| (4) an appointment or employment of a bus driver by a | ||
| school district if: | ||
| (A) the district is located wholly in a county | ||
| with a population of less than 35,000; or | ||
| (B) the district is located in more than one | ||
| county and the county in which the largest part of the district is | ||
| located has a population of less than 35,000; | ||
| (5) an appointment or employment of a personal | ||
| attendant by an officer of the state or a political subdivision of | ||
| the state for attendance on the officer who, because of physical | ||
| infirmities, is required to have a personal attendant; | ||
| (6) an appointment or employment of a substitute | ||
| teacher by a school district; | ||
| (7) an appointment or employment of a person by a | ||
| municipality that has a population of less than 200; or | ||
| (8) an appointment of an election clerk under Section | ||
| 32.031, Election Code[ |
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| SECTION 7. Section 32.032, Election Code, is repealed. | ||
| SECTION 8. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
