85R8655 GRM-F
By: Bonnen of Galveston H.B. No. 2691
A BILL TO BE ENTITLED
AN ACT
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
adding Subsection (c-1) to read as follows:
(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 is directly proportional to the
countywide vote received in the last gubernatorial election, except
that the commissioners court is 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. If
possible, a countywide polling place shall be located in a precinct
where the presiding judge is from the political party that received
the greatest number of votes in the last gubernatorial election.
The county chairs 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[, with the approval of the
county executive committee,] the judges for each precinct in which
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, [and]
address, and any available telephone number and e-mail address of
the alternate, and a notice to an alternate must state the name,
[and] address, and any available telephone number and e-mail
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 in an amount that is equal
to or greater than the federal minimum wage [not to exceed $7].
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
[election officer] of that polling place 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 county as the alternate
presiding judge [election officer] of that polling place. The
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) and 32.010, Election Code,
are repealed.
SECTION 10. This Act takes effect September 1, 2017.