| 1 | 1 | | 87R6731 ADM-D |
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| 2 | 2 | | By: Paul H.B. No. 2266 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the appointment of election officers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 32.002, Election Code, is amended by |
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| 10 | 10 | | amending Subsection (c-1) and adding Subsection (h) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (c-1) For purposes of this subsection, the county chair |
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| 13 | 13 | | shall provide a list of names of persons eligible for appointment as |
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| 14 | 14 | | election judges. Judges of countywide polling places established |
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| 15 | 15 | | under Section 43.007 must be appointed from the list of names of |
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| 16 | 16 | | persons submitted by the county chair in compliance with Subsection |
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| 17 | 17 | | (c) except that in appointing a person from the list the |
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| 18 | 18 | | commissioners court shall apportion the number of judges in direct |
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| 19 | 19 | | proportion to the percentage of precincts located in each county |
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| 20 | 20 | | commissioners precinct won by each party in the last gubernatorial |
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| 21 | 21 | | election, the commissioners court is not required to make the |
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| 22 | 22 | | appointments based on specific polling locations or precincts, a |
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| 23 | 23 | | presiding judge or alternate presiding judge is not required to |
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| 24 | 24 | | serve in a polling place located in the precinct in which the judge |
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| 25 | 25 | | resides, and more than one presiding judge or alternate presiding |
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| 26 | 26 | | judge may be selected from the same precinct to serve in polling |
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| 27 | 27 | | places not located in the precinct in which the judges reside. The |
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| 28 | 28 | | county chairs may submit, and the commissioners court may |
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| 29 | 29 | | preapprove, the appointment of more presiding judges or alternate |
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| 30 | 30 | | presiding judges than necessary to fill available positions. The |
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| 31 | 31 | | county clerk may select an individual whose appointment was |
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| 32 | 32 | | preapproved by the commissioners court to fill a vacancy in a |
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| 33 | 33 | | position that was held by an individual from the same political |
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| 34 | 34 | | party. [Other than a judge's party affiliation, nothing in this |
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| 35 | 35 | | subsection precludes a county clerk from placing an election |
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| 36 | 36 | | officer at a countywide polling place based on the need for services |
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| 37 | 37 | | at that location.] |
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| 38 | 38 | | (h) A person may not be appointed as presiding judge or |
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| 39 | 39 | | alternate presiding judge for a county election except as |
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| 40 | 40 | | explicitly provided by this section. |
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| 41 | 41 | | SECTION 2. Section 32.034, Election Code, is amended by |
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| 42 | 42 | | adding Subsection (g) to read as follows: |
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| 43 | 43 | | (g) A person may not be appointed as a clerk for an election |
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| 44 | 44 | | described by Subsection (a) except as explicitly provided by this |
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| 45 | 45 | | section. |
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| 46 | 46 | | SECTION 3. Section 87.002, Election Code, is amended by |
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| 47 | 47 | | adding Subsection (e) to read as follows: |
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| 48 | 48 | | (e) A person may not serve as a member of the board unless |
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| 49 | 49 | | appointed as explicitly provided by this section. |
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| 50 | 50 | | SECTION 4. Section 87.027(d), Election Code, is amended to |
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| 51 | 51 | | read as follows: |
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| 52 | 52 | | (d) The early voting clerk shall determine the number of |
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| 53 | 53 | | members who are to compose the signature verification committee and |
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| 54 | 54 | | shall state that number in the order calling for the committee's |
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| 55 | 55 | | appointment. A committee must consist of not fewer than five |
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| 56 | 56 | | members. In an election in which party alignment is indicated on the |
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| 57 | 57 | | ballot, each county chair of a political party with a nominee or |
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| 58 | 58 | | aligned candidate on the ballot shall submit to the appointing |
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| 59 | 59 | | authority a list of names of persons eligible to serve on the |
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| 60 | 60 | | signature verification committee. The authority shall appoint at |
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| 61 | 61 | | least two persons from each list to serve as members of the |
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| 62 | 62 | | committee. The same number of members must be appointed from each |
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| 63 | 63 | | list. The authority shall appoint the chair of the committee from |
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| 64 | 64 | | the list provided by the political party whose nominee for governor |
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| 65 | 65 | | received the most votes in the county in the most recent |
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| 66 | 66 | | gubernatorial general election. A vacancy on the committee shall be |
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| 67 | 67 | | filled by appointment from the original list or from a new list |
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| 68 | 68 | | submitted by the appropriate county chair. A person may not serve |
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| 69 | 69 | | on the committee unless appointed as explicitly provided by this |
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| 70 | 70 | | section. |
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| 71 | 71 | | SECTION 5. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2021. |
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