bill to let jurors work the polls instead

The text as introduced · 774 words

90R5377 GW-F

By: Plesa
H.B. No. 1080

A BILL TO BE ENTITLED

AN ACT

relating to service as an election official in lieu of service on a

petit jury.

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

SECTION 1. Subchapter E, Chapter 31, Election Code, is

amended by adding Section 31.131 to read as follows:

Sec. 31.131. REQUEST FOR ELECTION OFFICIALS. A county

election officer, as defined by Section 31.091, who determines the

county will have an insufficient number of election officials to

adequately hold an upcoming election, may submit to the appropriate

county or district clerk a written request for election staff under

Section 62.0126, Government Code.

SECTION 2. Subchapter A, Chapter 62, Government Code, is

amended by adding Section 62.0126 to read as follows:

Sec. 62.0126. SERVICE AS ELECTION OFFICIAL IN LIEU OF JURY

SERVICE. (a) If a county election officer determines additional

election officials, as defined by Section 1.005, Election Code, are

needed in the county to conduct an upcoming election held by the

county, the county election officer may submit to the district or

county clerk a written request for election staff. The request

must:

(1) identify the election;

(2) provide the number of election officials needed

and the specific positions to be filled;

(3) include the expected dates of service and the

dates of any required training; and

(4) identify the last date before the election on

which a person may be appointed or hired to serve in each of the

provided positions.

(b) On receipt of a request under Subsection (a), a clerk

shall inform each court served by the clerk of the request.

(c) The judge of each court informed under Subsection (b)

may authorize the district or county clerk who received the request

to offer a number, specified by the court, of prospective jurors

summoned under this chapter to jury service in the court the option

to serve as an election official in a position provided by the

request received under Subsection (a) in lieu of the jury service.

A clerk may not extend an offer under this section to a person

impaneled as a juror.

(d) To accept an offer extended under Subsection (c), a

prospective juror must:

(1) submit an application or other request for the

specified election official position to the appropriate authority

under the Election Code; and

(2) agree to complete the term of service expected of

an individual in the specified position, including any training

required.

(e) If a prospective juror accepts an offer extended under

Subsection (c) and submits an application as required under

Subsection (d), the judge of the court shall suspend the person's

jury service until the person's application or request is rejected

or the person's service as an election official is terminated or

completed.

(f) If a prospective juror accepts an offer extended under

Subsection (c) and successfully completes the person's service as

an election official, the county election officer shall certify

that completion and forward proof of the completion to the court, in

the form and manner specified by the court. On receipt of proof

under this section, the court shall order the prospective juror's

jury service completed.

(g) If a prospective juror accepted an offer extended under

Subsection (c) and is not appointed to or hired for the election

official position to which the person applied or submitted a

request under Subsection (d) or otherwise fails to complete the

full term of service for which the person was appointed or hired as

an election official, the county election officer shall notify the

court that the person did not complete the required service. On

receipt of notice under this subsection, the court shall reissue

the person's summons to appear for jury service issued under this

chapter.

(h) A person serving as an election official as the result

of an application or request submitted under this section is

entitled to the same compensation, if any, provided to another

election official serving in the same position.

(i) A county election administrator, a district or county

clerk, and a court shall exchange only the amount of information

regarding a prospective juror necessary to implement this section.

(j) Each court may adopt local rules regarding the

procedures for offers, acceptances, certification, and notice

under this section.

SECTION 3. This Act applies only to a jury summons issued on

or after the effective date of this Act. A jury summons issued

before that date is governed by the law in effect on the date the

summons was issued, and the former law is continued in effect for

that purpose.

SECTION 4. This Act takes effect September 1, 2027.