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
A BILL TO BE ENTITLED
AN ACT
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.