H.B. No. 1145
AN ACT
relating to the appointment of election judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 32.002(a), (b), and (c), Election Code,
are amended to read as follows:
(a) The commissioners court [at its July term] shall appoint
the election judges for each regular county election precinct:
(1) at its July term in a county with a population of
over 500,000; or
(2) at its August term in a county with a population of
500,000 or less.
(b) Judges appointed under Subsection (a) serve for a term
of one year [beginning on August 1 following the appointment],
except that the commissioners court by order recorded in its
minutes may provide for a term of two years. A judge's term begins:
(1) August 1 following appointment in a county to
which Subsection (a)(1) applies; or
(2) September 1 following appointment in a county to
which Subsection (a)(2) applies.
(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
commissioners court a list of names of persons in 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 commissioners court 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 precinct as the presiding
judge and the first person 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 precinct as the alternate presiding judge. The commissioners
court may reject the list if the persons whose names are submitted
on the list are determined not to meet the applicable eligibility
requirements.
SECTION 2. The term of an election judge serving on the
effective date of this Act expires:
(1) September 1, 2010, if the judge serves in a county
with a population of 500,000 or less and the judge's term would
expire August 1, 2010, under Section 32.002(b), Election Code, as
that section existed before amendment by this Act;
(2) August 1, 2010, if the judge serves in a county
with a population of over 500,000 and the judge's term would expire
August 1, 2010, under Section 32.002(b), Election Code, as that
section existed before amendment by this Act;
(3) September 1, 2011, if the judge serves in a county
with a population of 500,000 or less and the judge's term would
expire August 1, 2011, under Section 32.002(b), Election Code, as
that section existed before amendment by this Act; or
(4) August 1, 2011, if the judge serves in a county
with a population of over 500,000 and the judge's term would expire
August 1, 2011, under Section 32.002(b), Election Code, as that
section existed before amendment by this Act.
SECTION 3. This Act takes effect January 1, 2010.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1145 was passed by the House on April
9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1145 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor