BILL ANALYSIS Senate Research Center S.B. 108 89R2493 LRM-F By: Hall State Affairs 3/11/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Chapter 32 of the Election Code provides for the appointment of a presiding election judge and an alternate presiding judge for each election precinct. In past elections, some counties allowed the presiding judge to assign his or her alternate to patrol the parking lot, thereby restricting the alternate judge's ability to observe actions taken to sign voters in and precluding the alternate judge from overseeing the distribution and scanning of ballots. This bill seeks to ensure the sharing of political power by creating a procedure whereby both the judge and alternate judge may appoint clerks. Specify that the alternate presiding judge shall serve as a presiding judge if the presiding judge "is not present at a polling location or otherwise cannot serve"; Specify that one may not prevent an alternate presiding judge from freely occupying or observing the area where voters are being accepted for voting; Allow an alternate presiding judge, as well as the presiding judge, to appoint election clerks; Change the timeline by which the requisite political party shall submit a list containing the names of those eligible to serve as an election clerk to 30 days before a general election, up from the current 25 days; Specify that a list must be submitted to the presiding judge and alternate presiding judge and that each shall appoint at least one clerk from the list. If only one additional clerk is to be appointed, the presiding judge shall make the appointment from the list submitted by the county chair of the party whose candidate for governor received the second-highest number of votes in the county in the most recent gubernatorial election; Add a subsection emphasizing that the presiding judge and alternate judge shall each appoint the same number of clerks to the extent possible given the total number of clerks to be appointed. If judges have not been appointed in time, a list of names shall be submitted by the county clerk to the county chair of the party that failed to submit a list of names in a timely manner; Repeal Section 32.032 of the Election Code, providing for the appointment of an alternate presiding election judge as a clerk; and Make conforming language changes. As proposed, S.B. 108 amends current law relating to the appointment of election clerks. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 32.001, Election Code, by amending Subsection (b) and adding Subsection (c), as follows: (b) Requires the alternate presiding judge to serve as presiding judge for an election if the regularly appointed presiding judge is not present at a polling location or otherwise cannot serve. (c) Prohibits a person from preventing an alternate presiding judge from freely occupying or observing the area in which voters are being accepted for voting. SECTION 2. Amends the heading to Section 32.031, Election Code, to read as follows: Sec. 32.031. JUDGES TO APPOINT CLERKS. SECTION 3. Amends Section 32.031(a), Election code, as follows: (a) Requires the presiding judge and alternate presiding judge for each election precinct to each appoint election clerks to assist the judges in the conduct of an election at the polling place served by the judges. Makes conforming changes. SECTION 4. Amends Section 32.033, Election Code, as follows: Sec. 32.033. NUMBER OF CLERKS. (a) Requires the authority that appoints the election judges to prescribe the maximum number of clerks that each presiding judge and alternate presiding judge may appoint for each election. (b) Requires, except as provided by Subsection (c), the presiding judge to appoint at least one clerk, rather than two clerks, and the alternate presiding judge to appoint at least one clerk for each precinct in each election. Authorizes the presiding judge and alternate presiding judge to each appoint as many additional clerks, within the prescribed limit, as are necessary for the proper conduct of the election. (c) Makes conforming changes to this subsection. SECTION 5. Amends Section 32.034, Election Code, by amending Subsections (b), (c), (d), and (e) and adding Subsection (c-1), as follows: (b) Authorizes 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, not later than the 30th day, rather than the 25th day, before a general election or the 10th day before a special election to which Subsection (a) (relating to the selection of clerks for certain elections) applies, to submit to a presiding judge and alternate presiding judge a list containing the names of at least two persons who are eligible for appointment as a clerk. Requires, if a timely list is submitted, the presiding judge to appoint at least one clerk from the list and the alternate presiding judge to appoint at least one clerk from the list. Deletes existing text requiring the presiding judge, if a timely list is submitted, to appoint at least one clerk from the list, except as provided by Subsection (c). (c) Requires the presiding judge, if only one additional clerk is to be appointed, to make the appointment from the list submitted by the county chair of the party whose candidate for governor received the second highest number of votes in the county in the most recent gubernatorial election. Deletes existing text requiring a clerk, for an election in which the alternate presiding judge will serve as the clerk, to be appointed from the list of a political party with which neither the presiding judge nor the alternate judge is affiliated or aligned, if such a list is submitted. Deletes existing text requiring the presiding judge, if two such lists are submitted, to decide from which list the appointment will be made. (c-1) Requires the presiding judge and alternate presiding judge to each appoint the same number of clerks to the extent possible given the total number of clerks to be appointed. (d) Makes conforming changes to this subsection. (e) Requires that a list of names, if a presiding judge and an alternate presiding judge have not been appointed at the time the county chair of a political party is required to submit a list of names for the appointment of a clerk under this section, be submitted by the county clerk to the county chair of the political party that failed to timely submit a list of names, rather than submitted to the county chair of the political party whose candidate for governor received the most votes in the precinct in the most recent gubernatorial election and to the commissioners court. Makes conforming and nonsubstantive changes. SECTION 6. Repealer: Section 32.032 (Alternate Presiding Judge as Clerk), Election Code. SECTION 7. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 108
89R2493 LRM-F By: Hall
State Affairs
3/11/2025
As Filed
Senate Research Center
S.B. 108
89R2493 LRM-F
By: Hall
State Affairs
3/11/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Chapter 32 of the Election Code provides for the appointment of a presiding election judge and an alternate presiding judge for each election precinct. In past elections, some counties allowed the presiding judge to assign his or her alternate to patrol the parking lot, thereby restricting the alternate judge's ability to observe actions taken to sign voters in and precluding the alternate judge from overseeing the distribution and scanning of ballots. This bill seeks to ensure the sharing of political power by creating a procedure whereby both the judge and alternate judge may appoint clerks.
As proposed, S.B. 108 amends current law relating to the appointment of election clerks.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 32.001, Election Code, by amending Subsection (b) and adding Subsection (c), as follows:
(b) Requires the alternate presiding judge to serve as presiding judge for an election if the regularly appointed presiding judge is not present at a polling location or otherwise cannot serve.
(c) Prohibits a person from preventing an alternate presiding judge from freely occupying or observing the area in which voters are being accepted for voting.
SECTION 2. Amends the heading to Section 32.031, Election Code, to read as follows:
Sec. 32.031. JUDGES TO APPOINT CLERKS.
SECTION 3. Amends Section 32.031(a), Election code, as follows:
(a) Requires the presiding judge and alternate presiding judge for each election precinct to each appoint election clerks to assist the judges in the conduct of an election at the polling place served by the judges. Makes conforming changes.
SECTION 4. Amends Section 32.033, Election Code, as follows:
Sec. 32.033. NUMBER OF CLERKS. (a) Requires the authority that appoints the election judges to prescribe the maximum number of clerks that each presiding judge and alternate presiding judge may appoint for each election.
(b) Requires, except as provided by Subsection (c), the presiding judge to appoint at least one clerk, rather than two clerks, and the alternate presiding judge to appoint at least one clerk for each precinct in each election. Authorizes the presiding judge and alternate presiding judge to each appoint as many additional clerks, within the prescribed limit, as are necessary for the proper conduct of the election.
(c) Makes conforming changes to this subsection.
SECTION 5. Amends Section 32.034, Election Code, by amending Subsections (b), (c), (d), and (e) and adding Subsection (c-1), as follows:
(b) Authorizes 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, not later than the 30th day, rather than the 25th day, before a general election or the 10th day before a special election to which Subsection (a) (relating to the selection of clerks for certain elections) applies, to submit to a presiding judge and alternate presiding judge a list containing the names of at least two persons who are eligible for appointment as a clerk. Requires, if a timely list is submitted, the presiding judge to appoint at least one clerk from the list and the alternate presiding judge to appoint at least one clerk from the list. Deletes existing text requiring the presiding judge, if a timely list is submitted, to appoint at least one clerk from the list, except as provided by Subsection (c).
(c) Requires the presiding judge, if only one additional clerk is to be appointed, to make the appointment from the list submitted by the county chair of the party whose candidate for governor received the second highest number of votes in the county in the most recent gubernatorial election. Deletes existing text requiring a clerk, for an election in which the alternate presiding judge will serve as the clerk, to be appointed from the list of a political party with which neither the presiding judge nor the alternate judge is affiliated or aligned, if such a list is submitted. Deletes existing text requiring the presiding judge, if two such lists are submitted, to decide from which list the appointment will be made.
(c-1) Requires the presiding judge and alternate presiding judge to each appoint the same number of clerks to the extent possible given the total number of clerks to be appointed.
(d) Makes conforming changes to this subsection.
(e) Requires that a list of names, if a presiding judge and an alternate presiding judge have not been appointed at the time the county chair of a political party is required to submit a list of names for the appointment of a clerk under this section, be submitted by the county clerk to the county chair of the political party that failed to timely submit a list of names, rather than submitted to the county chair of the political party whose candidate for governor received the most votes in the precinct in the most recent gubernatorial election and to the commissioners court. Makes conforming and nonsubstantive changes.
SECTION 6. Repealer: Section 32.032 (Alternate Presiding Judge as Clerk), Election Code.
SECTION 7. Effective date: September 1, 2025.