Bill Text: TX HB2734 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to certain election practices and procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-17 - No action taken in committee [HB2734 Detail]
Download: Texas-2017-HB2734-Introduced.html
85R5025 GRM-F | ||
By: Reynolds | H.B. No. 2734 |
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relating to certain election practices and procedures. | ||
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 [ |
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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 without changing the list's original order | ||
as submitted by the county chairs. The commissioners court shall | ||
appoint the first person who meets [ |
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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 highest number of votes in the precinct as the | ||
presiding judge and the first person who meets [ |
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applicable 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 [ |
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applicable 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 [ |
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from the list 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 [ |
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the applicable eligibility requirements. Before sending the list | ||
to the commissioners court, the county clerk shall notify the | ||
appropriate county chair of the proposed rejection and reason for | ||
rejection of a person from the list. | ||
(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 reflects the results of the last | ||
gubernatorial election, except that the commissioners court and | ||
county clerk are not required to make the appointments based on | ||
specific polling locations or precincts, a presiding judge or | ||
alternate presiding 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 by the | ||
commissioners court to fill a vacancy in a position that was held by | ||
an individual from the same political party. Other than a judge's | ||
party affiliation, 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[ |
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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, [ |
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address, and any available telephone number and e-mail address of | ||
the alternate, and a notice to an alternate must state the name, | ||
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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 a list of the individuals | ||
appointed by the commissioners court. | ||
(b) The appointment list must be provided in writing. | ||
SECTION 5. Section 32.114(e), Election Code, is amended to | ||
read as follows: | ||
(e) An election judge, early voting clerk, or deputy early | ||
voting clerk in charge of an early voting polling place is entitled | ||
to compensation for attending the training program at an hourly | ||
rate fixed by the appropriate authority [ |
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SECTION 6. Section 43.007(a), Election Code, is amended to | ||
read as follows: | ||
(a) The secretary of state shall implement a program to | ||
allow each commissioners court participating in the program to | ||
eliminate county election precinct polling places and establish | ||
countywide polling places for: | ||
(1) each general election for state and county | ||
officers; | ||
(2) each election held on the uniform election date in | ||
May and any resulting runoff; | ||
(3) each election on a proposed constitutional | ||
amendment; | ||
(4) each primary election and runoff primary election | ||
if: | ||
(A) the county chair or county executive | ||
committee of each political party participating in a joint primary | ||
election under Section 172.126 agrees to the use of countywide | ||
polling places; or | ||
(B) the county chair or county executive | ||
committee of each political party required to nominate candidates | ||
by primary election agrees to use the same countywide polling | ||
places; and | ||
(5) each election of a political subdivision located | ||
in the county that is held jointly with an election described by | ||
Subdivision (1), (2), (3), or (4). | ||
SECTION 7. 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 | ||
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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 [ |
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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 8. 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 a manner consistent with | ||
Section 85.009, 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 during early voting. | ||
(b) This section does not apply to a joint primary governed | ||
by Section 172.126. | ||
SECTION 9. Sections 32.006(b), 32.010, and 32.0511(d), | ||
Election Code, are repealed. | ||
SECTION 10. This Act takes effect September 1, 2017. |