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AN ACT
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relating to the appointment of election judges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 32.002(a), (b), and (c), Election Code, |
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are amended to read as follows: |
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(a) The commissioners court [at its July term] shall appoint |
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the election judges for each regular county election precinct: |
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(1) at its July term in a county with a population of |
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over 500,000; or |
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(2) at its August term in a county with a population of |
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500,000 or less. |
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(b) Judges appointed under Subsection (a) serve for a term |
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of one year [beginning on August 1 following the appointment], |
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except that the commissioners court by order recorded in its |
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minutes may provide for a term of two years. A judge's term begins: |
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(1) August 1 following appointment in a county to |
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which Subsection (a)(1) applies; or |
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(2) September 1 following appointment in a county to |
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which Subsection (a)(2) applies. |
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(c) The presiding judge and alternate presiding judge must |
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be affiliated or aligned with different political parties, subject |
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to this subsection. Before July of each year in a county to which |
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Subsection (a)(1) applies or before August of each year in a county |
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to which Subsection (a)(2) applies, the county chair of a political |
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party whose candidate for governor received the highest or second |
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highest number of votes in the county in the most recent |
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gubernatorial general election shall submit in writing to the |
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commissioners court a list of names of persons in order of |
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preference for each precinct who are eligible for appointment as an |
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election judge. The county chair may supplement the list of names |
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of persons until the 20th day before a general election or the 15th |
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day before a special election in case an appointed election judge |
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becomes unable to serve. The commissioners court shall appoint the |
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first person meeting the applicable eligibility requirements from |
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the list submitted in compliance with this subsection by the party |
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with the highest number of votes in the precinct as the presiding |
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judge and the first person meeting the applicable eligibility |
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requirements from the list submitted in compliance with this |
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subsection by the party with the second highest number of votes in |
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the precinct as the alternate presiding judge. The commissioners |
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court may reject the list if the persons whose names are submitted |
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on the list are determined not to meet the applicable eligibility |
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requirements. |
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SECTION 2. The term of an election judge serving on the |
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effective date of this Act expires: |
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(1) September 1, 2010, if the judge serves in a county |
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with a population of 500,000 or less and the judge's term would |
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expire August 1, 2010, under Section 32.002(b), Election Code, as |
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that section existed before amendment by this Act; |
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(2) August 1, 2010, if the judge serves in a county |
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with a population of over 500,000 and the judge's term would expire |
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August 1, 2010, under Section 32.002(b), Election Code, as that |
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section existed before amendment by this Act; |
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(3) September 1, 2011, if the judge serves in a county |
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with a population of 500,000 or less and the judge's term would |
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expire August 1, 2011, under Section 32.002(b), Election Code, as |
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that section existed before amendment by this Act; or |
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(4) August 1, 2011, if the judge serves in a county |
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with a population of over 500,000 and the judge's term would expire |
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August 1, 2011, under Section 32.002(b), Election Code, as that |
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section existed before amendment by this Act. |
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SECTION 3. This Act takes effect January 1, 2010. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1145 was passed by the House on April |
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9, 2009, by the following vote: Yeas 148, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1145 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |