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  By: Faircloth (Senate Sponsor - Huffman) H.B. No. 1735
         (In the Senate - Received from the House May 1, 2017;
  May 3, 2017, read first time and referred to Committee on State
  Affairs; May 12, 2017, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 12, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain election officers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1, Election Code, is amended by adding
  Section 1.016 to read as follows:
         Sec. 1.016.  OATHS BY ELECTION OFFICERS. (a)  An oath or
  statement required by the Texas Constitution or this code prior to
  an election officer entering service may be administered and a
  certificate of the fact given by:
               (1)  the secretary of state, a member of the secretary
  of state's staff, or a state inspector appointed by the secretary;
               (2)  a county or municipal clerk or the clerk's
  deputies;
               (3)  a county tax assessor-collector or the county tax
  assessor-collector's deputies;
               (4)  a city secretary;
               (5)  a member of a county election commission or county
  election board;
               (6)  a county elections administrator or employee of a
  county elections administrator;
               (7)  the secretary of the governing body of a political
  subdivision other than a county or city or the authority performing
  the duties of a secretary under this code;
               (8)  a presiding election judge or alternate presiding
  judge who has already entered service; 
               (9)  an early voting clerk or a deputy early voting
  clerk who has already entered service;
               (10)  a member of an early voting ballot board or
  signature verification committee who has already entered service;
  or
               (11)  a presiding judge, manager, or tabulation
  supervisor of a central counting station who has already entered
  service.
         (b)  An oath, statement, or certificate described under
  Subsection (a) is valid for the duration of the election officer's
  term of office and shall be filed with election records for the
  election in which the election officer is serving.
         (c)  The secretary of state may prescribe a form of oath,
  statement, or certificate that incorporates any oaths or statements
  required by the Texas Constitution or this code for an election
  officer into a single oath or statement.
         SECTION 2.  Section 32.002, Election Code, is amended by
  adding Subsection (c-1) to read as follows:
         (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
  commissioners court 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 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 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 clerk from placing an election
  officer at a countywide polling place based on the need for services
  at that location.
         SECTION 3.  Section 32.002, Election Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  Following an oral warning to the election judge and with
  the concurrence of the county chair of the same political party with
  which the judge is affiliated or aligned, the county clerk may
  remove, replace, or reassign an election judge who causes a
  disruption in a polling location or wilfully disobeys the
  provisions of this code. A vacancy created under this subsection
  shall be filled in the same manner as an emergency appointment under
  Section 32.007.
         SECTION 4.  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[, with the approval of the
  county executive committee,] the judges for each precinct 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 5.  Section 32.009(d), Election Code, is amended to
  read as follows:
         (d)  A notice to a presiding judge must state the name, [and]
  address, and any available telephone number and e-mail address of
  the alternate, and a notice to an alternate must state the name,
  [and] address, and any available telephone number and e-mail
  address of the presiding judge.
         SECTION 6.  Subchapter A, Chapter 32, Election Code, is
  amended by adding Section 32.012 to read as follows:
         Sec. 32.012.  PROVISION OF INFORMATION RELATING TO ELECTION
  JUDGES APPOINTED BY COMMISSIONERS COURT.  (a)  After the
  commissioners court appoints a presiding election judge and an
  alternate presiding judge, the county clerk shall provide to the
  county chair of each political party a list of the individuals
  appointed by the commissioners court.
         (b)  The appointment list must be provided in writing.
         SECTION 7.  Section 32.034, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  Following an oral warning to the election clerk and with
  the concurrence of the county chair of the same political party with
  which the election clerk is affiliated or aligned, the county clerk
  may remove, replace, or reassign an election clerk who causes a
  disruption in a polling location or wilfully disobeys the
  provisions of this code. A vacancy created under this subsection
  shall be filled by the presiding judge, who shall appoint a
  replacement election clerk who is affiliated or aligned with the
  same political party as the original clerk, if possible.
         SECTION 8.  Section 32.114(e), Election Code, is amended to
  read as follows:
         (e)  An election judge, early voting clerk, or deputy early
  voting clerk in charge of an early voting polling place is entitled
  to compensation for attending the training program at an hourly
  rate fixed by the appropriate authority in an amount that is equal
  to or greater than the federal minimum wage [not to exceed $7].
         SECTION 9.  Section 43.007, Election Code, is amended by
  amending Subsection (a) and adding Subsections (m) and (n) to read
  as follows:
         (a)  The secretary of state shall implement a program to
  allow each commissioners court participating in the program to
  eliminate county election precinct polling places and establish
  countywide polling places for:
               (1)  each general election for state and county
  officers;
               (2)  each election held on the uniform election date in
  May and any resulting runoff;
               (3)  each election on a proposed constitutional
  amendment;
               (4)  each primary election and runoff primary election
  if:
                     (A)  the county chair or county executive
  committee of each political party participating in a joint primary
  election under Section 172.126 agrees to the use of countywide
  polling places; or
                     (B)  the county chair or county executive
  committee of each political party required to nominate candidates
  by primary election agrees to use the same countywide polling
  places; and
               (5)  each election of a political subdivision located
  in the county that is held jointly with an election described by
  Subdivision (1), (2), (3), or (4).
         (m)  In adopting a methodology under Subsection (f), the
  county must ensure that:
               (1)  each county commissioners precinct contains at
  least one countywide polling place; and
               (2)  the total number of permanent branch and temporary
  branch polling places open for voting in a county commissioners
  precinct does not exceed more than twice the number of permanent
  branch and temporary branch polling places in another county
  commissioners precinct.
         (n)  To the greatest extent possible, countywide polling
  places shall be located in a precinct where the political party that
  received the greatest number of votes in the last gubernatorial
  election is the same political party with which the presiding judge
  is affiliated.
         SECTION 10.  Section 85.009(b), Election Code, is amended to
  read as follows:
         (b)  Before July of each year, the county chair of each
  political party holding a primary election in the county shall
  submit in writing to the county clerk a list of names of persons in
  order of preference for each early voting polling place who are
  eligible for selection as an election officer.  The county chair
  may supplement the list of names of persons until the 30th day
  before early voting begins in case an appointed election officer
  becomes unable to serve. The county clerk 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 county as the presiding judge
  [election officer] of that polling place and the 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 county as the alternate
  presiding judge [election officer] of that polling place. The
  county clerk shall appoint additional election officers for each
  polling place in the manner described by Subsection (a).  The
  county clerk may reject the list if the persons whose names are
  submitted on the list are determined not to meet the applicable
  eligibility requirements.
         SECTION 11.  Subchapter A, Chapter 85, Election Code, is
  amended by adding Section 85.0091 to read as follows:
         Sec. 85.0091.  EARLY VOTING ELECTION OFFICERS FOR PRIMARY
  ELECTIONS. (a) The early voting clerk shall select election
  officers for a primary election for the main early voting polling
  place and any branch polling place in a manner consistent with
  Section 85.009, except that the early voting clerk shall prescribe
  the deadline by which county chairs must submit names of persons
  eligible to serve as election officers during early voting.
         (b)  This section does not apply to a joint primary governed
  by Section 172.126.
         SECTION 12.  Subchapter A, Chapter 87, Election Code, is
  amended by adding Section 87.006 to read as follows:
         Sec. 87.006.  EARLY VOTING BALLOT BOARD MEMBERS: OATH AND
  IDENTIFICATION. (a) A member of the early voting ballot board
  shall repeat the following oath aloud:
         "I swear (or affirm) that I will objectively work to be sure
  every eligible voter's vote is accepted and counted, and that only
  the ballots of those voters who violated the Texas Election Code
  will be rejected. I will make every effort to correctly reflect the
  voter's intent when it can be clearly determined. I will not work
  alone when ballots are present and will work only in the presence of
  a member of a political party different from my own. I will
  faithfully perform my duty as an officer of the election and guard
  the purity of the election."
         (b)  A member of the early voting ballot board who arrives
  after the oath is made shall repeat the oath aloud before performing
  any duties as a member.
         (c)  Following administration of the oath, each member of the
  early voting ballot board shall be issued a form of identification,
  prescribed by the secretary of state, to be displayed by the member
  during the member's hours of service on the board.
         SECTION 13.  Subchapter G, Chapter 87, Election Code, is
  amended by adding Section 87.127 to read as follows:
         Sec. 87.127.  RESOLUTION OF INCORRECT DETERMINATION BY EARLY
  VOTING BALLOT BOARD. (a) If a county election officer, as defined
  by Section 31.091, determines a ballot was incorrectly rejected or
  accepted by the early voting ballot board before the time set for
  convening the canvassing authority, the county election officer may
  petition a district court for injunctive or other relief as the
  court determines appropriate.
         (b)  In an election ordered by the governor or by a county
  judge, the county election officer must confer with and establish
  the agreement of the county chair of each political party before
  petitioning the district court.
         SECTION 14.  Subchapter A, Chapter 127, Election Code, is
  amended by adding Section 127.0015 to read as follows:
         Sec. 127.0015.  CENTRAL COUNTING STATION OFFICERS: OATH AND
  IDENTIFICATION. (a) Election officers appointed under this
  subchapter shall repeat the following oath aloud:
         "I swear (or affirm) that I will objectively work to be sure
  every eligible voter's vote is accepted and counted, and that only
  the ballots of those voters who violated the Texas Election Code
  will be rejected. I will make every effort to correctly reflect the
  voter's intent when it can be clearly determined. I will not work
  alone when ballots are present and will work only in the presence of
  a member of a political party different from my own. I will
  faithfully perform my duty as an officer of the election and guard
  the purity of the election."
         (b)  An officer who arrives after the oath is made shall
  repeat the oath aloud before performing any duties as an election
  officer.
         (c)  Following administration of the oath, each election
  officer shall be issued a form of identification, prescribed by the
  secretary of state, to be displayed by the officer during the
  officer's hours of service at the central counting station.
         SECTION 15.  Section 127.004(b), Election Code, is amended
  to read as follows:
         (b)  To be eligible for appointment, a person must:
               (1)  have the competence, training, and experience
  required for the proper performance of the work assigned; and
               (2)  in a county with a population of less than 60,000,
  be a registered voter of the political subdivision served by the
  authority establishing the counting station or an employee of the
  political subdivision that adopts or owns the voting system.
         SECTION 16.  Section 127.007, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The plan required under this section must be available
  to the public on request not later than 5 p.m. on the fifth day
  before the date of the election.
         SECTION 17.  Sections 32.006(b) and 32.010, Election Code,
  are repealed.
         SECTION 18.  This Act takes effect September 1, 2017.
 
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