SB108 - Relating to the appointment of election clerks.

      By: Hall S.B. No. 108     (Toth)           A BILL TO BE ENTITLED   AN ACT   relating to the appointment of election clerks.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 32.001, Election Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  The alternate presiding judge shall 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)     A person may not prevent an alternate presiding judge   from freely occupying or observing the area in which voters are   being accepted for voting.          SECTION 2.  The heading to Section 32.031, Election Code, is   amended to read as follows:          Sec. 32.031.   JUDGES [ PRESIDING JUDGE ] TO APPOINT CLERKS.          SECTION 3.  Section 32.031(a), Election Code, is amended to   read as follows:          (a)  The presiding judge and alternate presiding judge for   each election precinct shall each appoint [ the ] election clerks to   assist the judges [ judge ] in the conduct of an election at the   polling place served by the judges [ judge ].          SECTION 4.  Section 32.033, Election Code, is amended to   read as follows:          Sec. 32.033.  NUMBER OF CLERKS. (a) The authority that   appoints the election judges shall prescribe the maximum number of   clerks that each presiding judge and alternate presiding judge may   appoint for each election.  The authority may prescribe different   maximums for different types of elections.          (b)  Except as provided by Subsection (c), the presiding   judge shall appoint at least one clerk and the alternate presiding   judge shall appoint at least one clerk [ two clerks ] for each   precinct in each election .  The presiding judge and alternate   presiding judge may each appoint as many additional clerks, within   the prescribed limit, as are necessary for the proper conduct of the   election.          (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 clerks for each precinct in the number,   within the prescribed limit, the judges consider [ judge considers ]   necessary for the proper conduct of the election.          SECTION 5.  Section 32.034, Election Code, is amended by   amending Subsections (b), (c), (d), and (e) and adding Subsection   (c-1) to read as follows:          (b)  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   may, not later than the 30th  [ 25th ] day before a general election or   the 10th day before a special election to which Subsection (a)   applies, 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.  If a timely list is submitted, the   presiding judge shall appoint at least one clerk from the list and   the alternate presiding judge shall appoint at least one clerk from   the list [ , except as provided by Subsection (c) ].          (c)  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 [ 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.           (c-1)     The presiding judge and alternate presiding judge   shall each appoint the same number of clerks to the extent possible   given the total number of clerks to be appointed.          (d)  The presiding judge and the alternate presiding judge   shall make an appointment under this section not later than the   fifth day after the date the judges receive [ judge receives ] the   list and shall deliver written notification of the appointment to   the appropriate county chair.          (e)  If a presiding judge and an alternate presiding judge   have [ 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, a  [ the ] list of names   shall be submitted by the county clerk  to the county chair of the   political party that failed to timely submit a list of names  [ 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 in a county   without a county chair, shall appoint clerks from the list in the   same manner provided for a presiding judge and an alternate   presiding judge to appoint clerks by this section.          SECTION 6.  Section 127.006(a), Election Code, is amended to   read as follows:          (a)  The manager, the presiding judge, and the alternate   presiding judge may appoint clerks to serve at the central counting   station in the same manner described by Section 32.034 for the   appointment of precinct election clerks .          SECTION 7.  Section 32.032, Election Code, is repealed.          SECTION 8.  This Act takes effect September 1, 2025.