Bill Text: TX HB2381 | 2015-2016 | 84th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the appointment and duties of election officers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2015-06-20 - Vetoed by the Governor [HB2381 Detail]
Download: Texas-2015-HB2381-Engrossed.html
Bill Title: Relating to the appointment and duties of election officers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2015-06-20 - Vetoed by the Governor [HB2381 Detail]
Download: Texas-2015-HB2381-Engrossed.html
84R28356 ATP-F | ||
By: Reynolds | H.B. No. 2381 |
|
||
|
||
relating to the appointment and duties of election officers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 32.002, Election Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) The presiding judge and alternate presiding judge must | ||
be affiliated or aligned with different political parties, subject | ||
to this subsection. Before July of each year in a county to which | ||
Subsection (a)(1) applies or before August of each year in a county | ||
to which Subsection (a)(2) applies, 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 shall submit in writing to the | ||
county clerk [ |
||
order of preference for each precinct who are eligible for | ||
appointment as an election judge. The county chair may supplement | ||
the list of names of persons until the 20th day before a general | ||
election or the 15th day before a special election in case an | ||
appointed election judge becomes unable to serve. The county clerk | ||
shall prepare for the commissioners court a list of persons whose | ||
names were submitted by the county chairs and who are eligible to | ||
serve as election judges. The commissioners court shall appoint the | ||
first person who meets [ |
||
requirements from the list prepared by the county clerk and whose | ||
name was submitted in compliance with this subsection by the party | ||
with the highest number of votes in the precinct as the presiding | ||
judge and the first person who meets [ |
||
eligibility requirements from the list prepared by the county clerk | ||
and whose name was submitted in compliance with this subsection by | ||
the party with the second highest number of votes in the precinct as | ||
the alternate presiding judge. If the candidates for governor of | ||
two political parties received the same number of votes in the | ||
precinct, the first person who meets [ |
||
eligibility requirements from the list prepared by the county clerk | ||
and whose name was submitted by the party whose candidate for | ||
governor received the highest number of votes in the county shall be | ||
appointed as the presiding judge and the first person who meets | ||
[ |
||
prepared by the county clerk and whose name was submitted by the | ||
party whose candidate for governor received the second highest | ||
number of votes in the county shall be appointed as the alternate | ||
presiding judge. The county clerk [ |
||
reject any person from the list if the person is [ |
||
|
||
applicable eligibility requirements. | ||
(c-1) Judges of countywide polling places established under | ||
Section 43.007 must be appointed in compliance with Subsection (c) | ||
from the persons whose names were submitted for appointment by the | ||
county chairs in a manner that provides equitable representation, | ||
except that the commissioners court and county clerk are not | ||
required to make the appointments based on specific polling | ||
locations, a judge is not required to serve in a polling place | ||
located in the precinct in which the judge resides, and more than | ||
one presiding judge or alternate presiding judge may be selected | ||
from the same precinct to serve in polling places not located in the | ||
precinct in which the judges reside. The county clerk may submit, | ||
and the commissioners court may preapprove, the appointment of more | ||
presiding judges or alternate presiding judges than necessary to | ||
fill available positions. The county clerk may select an | ||
individual whose appointment was preapproved to fill a vacancy in a | ||
position that was held by an individual from the same political | ||
party. Nothing in this subsection precludes a county clerk from | ||
placing an election officer at a countywide polling place based on | ||
the need for services at that location. | ||
SECTION 2. Section 32.006(a), Election Code, is amended to | ||
read as follows: | ||
(a) The county chair of a political party holding a primary | ||
election shall appoint for each primary[ |
||
|
||
the election will be held in the county and fill any vacancy that | ||
occurs in the position of presiding judge or alternate presiding | ||
judge. | ||
SECTION 3. Section 32.009(d), Election Code, is amended to | ||
read as follows: | ||
(d) A notice to a presiding judge must state the name, [ |
||
address, and any available telephone number and e-mail address of | ||
the alternate, and a notice to an alternate must state the name, | ||
[ |
||
address of the presiding judge. | ||
SECTION 4. Subchapter A, Chapter 32, Election Code, is | ||
amended by adding Section 32.012 to read as follows: | ||
Sec. 32.012. PROVISION OF INFORMATION RELATING TO ELECTION | ||
JUDGES APPOINTED BY COMMISSIONERS COURT. (a) After the | ||
commissioners court appoints a presiding election judge and an | ||
alternate presiding judge, the county clerk shall provide to the | ||
county chair of each political party that submitted names for | ||
appointment the appointment list that includes each appointed | ||
judge's name, residence precinct, appointment location, address, | ||
and any available telephone number and e-mail address. | ||
(b) The appointment list must be provided in writing. | ||
SECTION 5. Section 85.009(b), Election Code, is amended to | ||
read as follows: | ||
(b) Before July of each year, the county chair of each | ||
political party holding a primary election in the county shall | ||
submit in writing to the county clerk a list of names of persons in | ||
order of preference for each early voting polling place who are | ||
eligible for selection as an election officer. The county chair | ||
may supplement the list of names of persons until the 30th day | ||
before early voting begins in case an appointed election officer | ||
becomes unable to serve. The county clerk shall appoint the first | ||
person meeting the applicable eligibility requirements from the | ||
list submitted in compliance with this subsection by the party with | ||
the highest number of votes in the county as the presiding judge | ||
[ |
||
meeting the applicable eligibility requirements from the list | ||
submitted in compliance with this subsection by the party with the | ||
second highest number of votes in the county as the alternate | ||
presiding judge [ |
||
county clerk shall appoint additional election officers for each | ||
polling place in the manner described by Subsection (a). The | ||
county clerk may reject the list if the persons whose names are | ||
submitted on the list are determined not to meet the applicable | ||
eligibility requirements. | ||
SECTION 6. Subchapter A, Chapter 85, Election Code, is | ||
amended by adding Section 85.0091 to read as follows: | ||
Sec. 85.0091. EARLY VOTING ELECTION OFFICERS FOR PRIMARY | ||
ELECTIONS. (a) The early voting clerk shall select election | ||
officers for a primary election for the main early voting polling | ||
place and any branch polling place in the manner that Section 85.009 | ||
provides for the county clerk to select officers from the | ||
appropriate political party, except that the early voting clerk | ||
shall prescribe the deadline by which county chairs must submit | ||
names of persons eligible to serve as election officers. | ||
(b) This section does not apply to a joint primary governed | ||
by Section 172.126. | ||
SECTION 7. Sections 32.006(b), 32.010, and 32.0511(d), | ||
Election Code, are repealed. | ||
SECTION 8. This Act takes effect September 1, 2015. |