party chairs appoint election judges and clerks

The text as introduced · 2,445 words

89R15715 MLH-D

By: Morgan
H.B. No. 4780

A BILL TO BE ENTITLED

AN ACT

relating to election judges and clerks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.002, Election Code, is amended by

amending Subsections (c) and (c-1) and adding Subsection (h) to

read as follows:

(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 fifth [ 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 county chair of

[ 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 shall appoint the first person

meeting the applicable eligibility requirements from the list

submitted by that party chair under this subsection as the

presiding judge , and the county chair of [ 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 shall appoint the first

person meeting the applicable eligibility requirements from the

list submitted by that party chair under this subsection as the

alternate presiding judge. If either county chair is unable to make

an appointment for presiding judge or alternate presiding judge,

the commissioners court shall appoint the first person meeting the

applicable eligibility requirements from the list submitted by the

applicable county chair to the applicable position. If the

candidates for governor of two political parties received the same

number of votes in the precinct, the first person meeting the

applicable eligibility requirements from the list submitted by the

party whose candidate for governor received the highest number of

votes in the county shall be appointed as the presiding judge and

the first person meeting the applicable eligibility requirements

from the list submitted by the party whose candidate for governor

received the second highest number of votes in the county shall be

appointed 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.

(c-1) For purposes of this subsection, the county chair

shall provide a list of names of persons eligible for appointment as

election judges. Judges of countywide polling places established

under Section 43.007 must be appointed from the list of names of

persons submitted by the county chair in compliance with Subsection

(c) except that in appointing a person from the list the county

chair or commissioners court , as applicable, shall apportion the

number of judges in direct proportion to the percentage of

precincts located in each county commissioners precinct won by each

party in the last gubernatorial election, the county chair or

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. 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 shall

[ 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

chair or county clerk from placing an election officer at a

countywide polling place based on the need for services at that

location.

(h) To the extent possible a judge may not be required to

serve at a polling place that would require the judge to travel more

than an estimated 20 minutes from the judge's residence.

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 the judges for each

precinct polling place or countywide polling place at [ 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. Sections 32.007(a), (c), and (f), Election Code,

are amended to read as follows:

(a) If neither the presiding judge nor the alternate

presiding judge can serve in an election and their inability to

serve is discovered after the fifth [ 20th ] day before a general

election or [ the 15th day before a ] special election, the presiding

officer of the appointing authority or the authority if a single

officer shall appoint a replacement judge to preside at the

election, subject to Subsection (f). If the appointing authority

is unavailable, the authority responsible for distributing the

supplies for the election shall appoint the replacement judge.

(c) The appointing authority shall promptly give notice of

the emergency appointment to the county chair of each political

party that submitted a list under Section 32.002(c) and to the

authority responsible for distributing the supplies for the

election. As soon as practicable but not later than the time for

closing the polls for the election, the appointing authority shall

prepare a written memorandum of the appointment and deliver a

signed copy to the presiding officer of the local canvassing

authority and to the general custodian of election records. The

copies shall be preserved for the period for preserving the

precinct election records.

(f) A person who is appointed as a replacement for a judge

originally appointed under Section 32.002 must be affiliated or

aligned with the same political party as was the original judge, if

possible, and the appointing authority shall [ make a reasonable

effort to ] consult with and receive approval in writing from the

party chair of the appropriate political party before making an

appointment under this section.

SECTION 4. Sections 32.009(a) and (b), Election Code, are

amended to read as follows:

(a) Each presiding election judge , [ and ] alternate

presiding judge , and county chair of each political party shall be

given written notice of the appointment as provided by this

section.

(b) The authority responsible for distributing the supplies

for the election for which the judge is appointed shall prepare and

deliver the notice not later than the seventh [ 20th ] day after the

date the appointment is made.

SECTION 5. Section 32.012, Election Code, is amended by

adding Subsections (c), (d), and (e) to read as follows:

(c) A county clerk shall provide a copy of any communication

sent to a presiding judge, alternate presiding judge, or election

clerk notifying the official of the official's appointment to the

county chair of each political party.

(d) The county clerk shall use an online, secure

communications platform that restricts access to selected

individuals to allow the county chair of each political party or

officers of the political party designated by the chair to access

and view in real time:

(1) the name and contact information of each judge or

clerk;

(2) the name and address of each polling place;

(3) the identity of each judge or clerk that has been

assigned to each polling place;

(4) the date each assignment was made; and

(5) any other information determined by the county

clerk to be relevant to the timely and appropriate assignment of

judges and clerks to polling places.

(e) The county clerk shall ensure that the county chair of

each political party or officers of the political party designated

by the chair have access to the platform described by Subsection (d)

not later than the 60th day before the date of the election.

SECTION 6. Section 32.031, Election Code, is amended to

read as follows:

Sec. 32.031. PRESIDING JUDGE TO APPOINT CLERKS. (a) The

presiding judge for each election precinct shall appoint [ the ]

election clerks from the presiding judge's political party to

assist the judge in the conduct of an election at the polling place

served by the judge. The presiding judge shall select the clerks

from the list provided by the county chair of the presiding judge's

political party under Section 32.034.

(b) The alternate presiding judge for each election

precinct shall appoint election clerks from the alternate presiding

judge's political party to assist the judge in the conduct of an

election at the polling place served by the judge. The alternate

presiding judge shall select the clerks from the list provided by

the county chair of the alternate presiding judge's political party

under Section 32.034.

(c) The appointment of an election clerk is for a single

election only.

SECTION 7. Sections 32.033(b) and (c), Election Code, are

amended to read as follows:

(b) Except as provided by Subsection (c), the presiding

judge and alternate presiding judge shall each appoint at least one

clerk [ two clerks ] for each precinct in each election and may

appoint as many additional clerks, within the prescribed limit, as

are necessary for the proper conduct of the election , provided that

to the extent possible, the number of clerks from each political

party be kept equal .

(c) In each election ordered by the governor or a county

authority in which the regular county election precincts are

required to be used, the presiding judge and alternate presiding

judge shall each appoint at least one clerk [ clerks ] for each

precinct in the number, within the prescribed limit, the judge

considers necessary for the proper conduct of the election ,

provided that to the extent possible, the number of clerks from each

political party be kept equal .

SECTION 8. Sections 32.034(a), (b), (c), and (e), Election

Code, are amended to read as follows:

(a) The clerks for the general election for state and county

officers or for a special election to fill a vacancy in an office

regularly filled at the general election shall be selected from

different political parties [ if possible ].

(b) The county chair of each [ 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 may, not later than the 25th day before a general

election or the 10th day before a special election to which

Subsection (a) applies, submit to the commissioners court [ a

presiding judge ] a list containing the names of at least two persons

who are eligible for appointment as a clerk at each polling place .

If a timely list is submitted, the presiding judge and alternate

presiding judge shall appoint at least one clerk from the list

provided by the county chair of the presiding judge's or alternate

presiding judge's party , except as provided by Subsection (c).

(c) If only one additional clerk is to be appointed for an

election in which the alternate presiding judge will serve as a

clerk, the clerk shall 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. [ If

two such lists are submitted, the presiding judge shall decide from

which list the appointment will be made. If such a list is not

submitted, the presiding judge is not required to make an

appointment from any list. ]

(e) If a presiding judge has 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, the list

of names shall be 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. The county chair, or the commissioners court

if [ in a county without ] a county chair is unable , shall appoint

clerks from the list in the same manner provided for a presiding

judge or alternate presiding judge to appoint clerks by this

section.

SECTION 9. Section 32.051, Election Code, is amended by

adding Subsection (d) to read as follows:

(d) To the extent possible a clerk may not be required to

serve at a polling place that would require the clerk to travel more

than an estimated 20 minutes from the clerk's residence.

SECTION 10. Section 32.114(c), Election Code, is amended to

read as follows:

(c) The county clerk shall:

(1) post a notice of the time and place of each session

on the county's Internet website, if the county maintains an

Internet website, and may post the notice on the bulletin board used

for posting notice of meetings of the commissioners court and shall

include on the notice a statement that the program is open to the

public;

(1-a) post notice of the time and place of each session

on the bulletin board used for posting notice of meetings of the

commissioners court, if the county does not maintain an Internet

website, and shall include on the notice a statement that the

program is open to the public;

(2) notify each presiding judge and alternate

presiding judge [ appointed by the commissioners court ] of the time

and place of each session and of the duty of each election judge to

complete the training program;

(3) notify the county chair of each political party in

the county of the time and place of each session; and

(4) notify the voter registrar of the date, hour, and

place of each session.

SECTION 11. Sections 32.011 and 32.032, Election Code, are

repealed.

SECTION 12. This Act takes effect September 1, 2025.