ELECTION CODE
CHAPTER 32. ELECTION JUDGES AND CLERKS
SUBCHAPTER A. APPOINTMENT OF ELECTION JUDGES
§ 32.001. PRESIDING JUDGE AND ALTERNATE FOR EACH
ELECTION PRECINCT. (a) A presiding election judge and an
alternate presiding judge shall be appointed for each election
precinct in which an election is held.
(b) The alternate presiding judge shall serve as presiding
judge for an election if the regularly appointed presiding judge
cannot serve.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.002. JUDGES FOR COUNTY ELECTION. (a) The
commissioners court at its July term shall appoint the election
judges for each regular county election precinct.
(b) Judges appointed under Subsection (a) serve for a term
of one year beginning on August 1 following the appointment, except
that the commissioners court by order recorded in its minutes may
provide for a term of two years.
(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, 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 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 as the presiding judge
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 precinct 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.
(d) The county clerk shall submit to the commissioners court
a list of names of persons eligible for appointment as presiding
judge and alternate presiding judge for each precinct in which an
appointment is not made under Subsection (c). The commissioners
court shall appoint an eligible person from the list who is
affiliated or aligned with the appropriate party, if available.
(e) The commissioners court shall fill a vacancy in the
position of election judge for the remainder of the unexpired term.
An appointment to fill a vacancy may be made at any regular or
special term of court. Not later than 48 hours after the county
clerk becomes aware of a vacancy, the county clerk shall notify the
county chair of the same political party with which the original
judge was affiliated or aligned of the vacancy. Not later than the
fifth day after the date of notification of the vacancy, the county
chair of the same political party with which the original judge was
affiliated or aligned shall submit to the commissioners court in
writing the name of a person who is eligible for the appointment.
If a name is submitted in compliance with this subsection, the
commissioners court shall appoint that person to the unexpired
term. If a name is not submitted in compliance with this
subsection, the county clerk shall submit to the commissioners
court a list of names of persons eligible as an appointee for the
unexpired term. The commissioners court shall appoint an eligible
person from the list who is affiliated or aligned with the same
party, if available.
(f) Subject to Section 32.003, the judges appointed under
this section shall serve in each election ordered by the governor or
a county authority in which the regular county election precincts
are required to be used.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1349, § 8, 9, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 1009, § 1, eff. Sept. 1, 1999.
§ 32.003. JUDGES FOR CONSOLIDATED COUNTY ELECTION
PRECINCTS. If election precincts are consolidated in a special
election in which the regular county election precincts are
required to be used, the commissioners court shall appoint the
election judges to serve in each consolidated precinct from among
the judges appointed for the precincts comprising the consolidated
precinct.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.004. JUDGES FOR OTHER ELECTIONS ORDERED BY COUNTY
AUTHORITY. Except as otherwise provided by law, for an election
ordered by a county authority in which use of the regular county
election precincts is not required, the authority ordering the
election shall appoint the election judges.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.005. JUDGES FOR ELECTIONS OF OTHER POLITICAL
SUBDIVISIONS. (a) The governing body of a political subdivision
other than a county shall appoint the election judges for elections
ordered by an authority of the political subdivision.
(b) The governing body shall determine whether appointments
under Subsection (a) are for a single election or for a definite
term not to exceed two years. If appointments are made for a term,
the governing body shall set the duration and beginning date of the
term and shall fill vacancies in unexpired terms.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.006. JUDGES FOR PRIMARY ELECTIONS. (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.
(b) If a vacancy in the positions of both the presiding
judge and the alternate judge arises after the appointments are
approved and the county executive committee is not scheduled to
meet before the election for which the appointments are made, the
county chair may fill the vacancies without the approval of the
committee.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 22, eff. Sept. 1, 1997.
§ 32.007. EMERGENCY APPOINTMENT. (a) If neither the
presiding judge nor the alternate presiding judge can serve in an
election and their inability to serve is discovered so late that it
is impracticable to fill the vacancy in the normal manner, 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.
(b) If a person authorized to act as presiding judge is not
present at the polling place at the time for opening the polls, on
receiving information of the absence, the authority authorized to
appoint a replacement under Subsection (a) shall investigate the
absence and appoint a replacement judge, subject to Subsection (f),
unless the authority learns that a previously appointed judge will
immediately report for duty.
(c) The appointing authority shall promptly give notice of
the emergency appointment 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.
(d) A judge appointed under this section serves only for the
election for which the appointment is made.
(e) In this chapter, "emergency appointment" means an
appointment made under this section.
(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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1349, § 10, eff. Sept. 1, 1997.
§ 32.008. ORDER OF APPOINTMENT. (a) The appointment
of election judges must be made by written order.
(b) The order of appointment need not be recorded in the
minutes of the appointing authority.
(c) An order making an appointment for a single election
shall be preserved for the period for preserving the precinct
election records. An order making an appointment for a term shall
be preserved for the longer of:
(1) the term for which the appointment is made; or
(2) the period for preserving precinct election
records in the last election in which an appointee serves under the
order.
(d) This section does not apply to an emergency appointment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.009. NOTICE OF APPOINTMENT. (a) Each presiding
election judge and alternate presiding judge 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 20th day after the date the
appointment is made.
(c) The notice must state whether the appointment is for a
single election or for a term. If the appointment is for a term, the
notice must state the duration and beginning date of the term.
(d) A notice to a presiding judge must state the name and
address of the alternate, and a notice to an alternate must state
the name and address of the presiding judge.
(e) If an appointment is for a single election, the notice
required by this section and the notice required by Section 4.007
may be combined and given by the authority responsible for giving
either of the two notices, as agreed between the two authorities.
(f) This section does not apply to an emergency appointment
or to an appointment for a primary election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.010. FURNISHING PRECINCT BOUNDARY INFORMATION TO
JUDGES. (a) If a presiding election judge has not been given a
current description of the boundary of the election precinct for
which the judge is appointed, a description of the boundary and a
map of the precinct, if a map is available, shall accompany the
notice given under Section 32.009.
(b) If a change in a precinct's boundary occurs after the
date a notice under Section 32.009 is delivered to the precinct's
presiding judge, the authority responsible for delivering the
notice shall deliver to the judge a current description of the
precinct boundary and a map, if a map is available. The authority
shall deliver the boundary information as soon as practicable after
the date the order making the change is adopted and not later than
the 30th day before the date of the first election for which the
judge is appointed after the change takes effect.
(c) The authority responsible for distributing the supplies
for an election shall give current precinct boundary information to
an alternate judge who is to serve as the presiding judge for an
election or a presiding judge who is appointed as an emergency
appointee.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 23, eff. Sept. 1, 1997.
§ 32.011. CONFLICTS WITH OTHER LAW. (a) A home-rule
city charter supersedes this subchapter to the extent of any
conflict.
(b) A law outside this subchapter that prescribes a
different appointing authority for election judges supersedes this
subchapter with respect to the appointing authority.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER B. APPOINTMENT OF ELECTION CLERKS
§ 32.031. PRESIDING JUDGE TO APPOINT CLERKS. (a) The
presiding judge for each election precinct shall appoint the
election clerks to assist the judge in the conduct of an election at
the polling place served by the judge.
(b) The appointment of an election clerk is for a single
election only.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.032. ALTERNATE PRESIDING JUDGE AS CLERK. In an
election conducted by the regularly appointed presiding judge, the
presiding judge shall appoint the alternate presiding judge as one
of the clerks.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.033. NUMBER OF CLERKS. (a) The authority that
appoints the election judges shall prescribe the maximum number of
clerks that each 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 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.
(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 shall appoint clerks for
each precinct in the number, within the prescribed limit, the judge
considers necessary for the proper conduct of the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 3(a), eff. Sept. 1, 1987.
§ 32.034. CLERKS FOR ELECTIONS FOR FEDERAL, STATE, AND
COUNTY OFFICES. (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 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 a 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, 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.
(d) The presiding judge shall make an appointment under this
section not later than the fifth day after the date the judge
receives the list and shall deliver written notification of the
appointment to the appropriate county chair.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 24, eff. Sept. 1, 1997.
§ 32.035. CONFLICTS WITH CITY CHARTER. (a) Except as
provided by Subsection (b), a home-rule city charter supersedes
this subchapter to the extent of any conflict.
(b) A home-rule city charter may not provide for fewer than
three election officers for each election precinct.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER C. ELIGIBILITY
§ 32.051. GENERAL ELIGIBILITY
REQUIREMENTS. (a) Except as provided by Subsection (b) or (e), to
be eligible to serve as a judge of an election precinct, a person
must:
(1) be a qualified voter of the precinct; and
(2) for a regular county election precinct for which
an appointment is made by the commissioners court, satisfy any
additional eligibility requirements prescribed by written order of
the commissioners court.
(b) If the authority making an emergency appointment of a
presiding judge cannot find an eligible qualified voter of the
precinct who is willing to accept the appointment, the eligibility
requirement for a clerk prescribed by Subsection (c) applies.
(c) To be eligible to serve as a clerk of an election
precinct, a person must be a qualified voter:
(1) of the county, in a countywide election ordered by
the governor or a county authority or in a primary election;
(2) of the part of the county in which the election is
held, for an election ordered by the governor or a county authority
that does not cover the entire county of the person's residence; or
(3) of the political subdivision, in an election
ordered by an authority of a political subdivision other than a
county.
(d) The Alcoholic Beverage Code supersedes this section to
the extent of any conflict.
(e) In a regular county election precinct for which an
appointment is made by the commissioners court and in which a
political party's candidate for governor received more than 85
percent of the vote in the most recent gubernatorial general
election, the alternate presiding judge may be a qualified voter of
another precinct in the county.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 1349, § 11, eff. Sept. 1, 1997.
§ 32.052. INELIGIBILITY OF PUBLIC OFFICER. (a) A
person who holds an elective public office is ineligible to serve as
an election judge or clerk in an election.
(b) For purposes of this section, a deputy or assistant
serving under a public officer does not hold a public office.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.053. INELIGIBILITY OF CANDIDATE FOR PUBLIC
OFFICE. (a) A person is ineligible to serve as an election judge
or clerk in an election if the person is a candidate for a public
office in an election to be held on the same day.
(b) In this section, "candidate" means a person who has
taken affirmative action, as described by the law regulating
political funds and campaigns, for the purpose of gaining
nomination or election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.054. INELIGIBILITY OF EMPLOYEE OR RELATIVE OF
CANDIDATE. (a) A person is ineligible to serve as an election
judge or clerk in an election if the person is employed by or
related within the second degree by consanguinity or affinity, as
determined under Chapter 573, Government Code, to an opposed
candidate for a public office or the party office of county chair in
the election. For purposes of this subsection, a candidate whose
name appears on the ballot is not considered to be opposed by a
write-in candidate other than a declared write-in candidate under
Chapter 146.
(b) For purposes of this section, a person is employed by a
candidate if:
(1) the candidate is an owner or officer of a business
entity by which the person is employed;
(2) the candidate is an officer of a governmental
department or agency by which the person is employed; or
(3) the person is under the candidate's supervision in
public or private employment.
(c) In this section, "candidate" means a person who has
taken affirmative action, as described by the law regulating
political funds and campaigns, for the purpose of gaining
nomination or election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 561, § 15, eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 76, § 5.95(27), eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 864, § 25, eff. Sept. 1, 1997.
§ 32.055. INELIGIBILITY OF CAMPAIGN TREASURER. (a) A
person is ineligible to serve as an election judge or clerk in an
election if the person is the campaign treasurer of a candidate in
that election.
(b) In this section, "candidate" means a person who has
taken affirmative action, as described by the law regulating
political funds and campaigns, for the purpose of gaining
nomination or election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 2, § 7.03, eff. Aug. 28, 1989.
§ 32.0551. INELIGIBILITY OF CAMPAIGN MANAGER. (a) A
person is ineligible to serve as an election judge or clerk in an
election if the person is a campaign manager of a candidate in that
election.
(b) In this section:
(1) "Campaign manager" means:
(A) the person who directs, with or without
compensation, the day-to-day operations of a candidate's election
campaign; or
(B) each person who directs, with or without
compensation, a substantial portion of the day-to-day operations of
a candidate's election campaign if no single person performs that
function.
(2) "Candidate" means a person who has taken
affirmative action, as described by the law regulating political
funds and campaigns, for the purpose of gaining nomination or
election.
Added by Acts 1993, 73rd Leg., ch. 728, § 6, eff. Sept. 1, 1993.
§ 32.0552. INELIGIBILITY OF PERSON CONVICTED OF ELECTION
OFFENSE. A person is ineligible to serve as an election judge or
clerk in an election if the person has been finally convicted of an
offense in connection with conduct directly attributable to an
election.
Added by Acts 1997, 75th Leg., ch. 1349, § 12, eff. Sept. 1,
1997.
§ 32.056. CITY CHARTER REQUIREMENTS. Eligibility
requirements or grounds of ineligibility in addition to those
prescribed by this subchapter may be prescribed by a home-rule city
charter for election officers serving in elections ordered by an
authority of the city.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER D. POWERS AND DUTIES
§ 32.071. GENERAL RESPONSIBILITY OF PRESIDING
JUDGE. The presiding judge is in charge of and responsible for the
management and conduct of the election at the polling place of the
election precinct that the judge serves.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 26, eff. Sept. 1, 1997.
§ 32.072. DUTIES AND WORKING HOURS OF CLERKS. (a) The
presiding judge shall designate the working hours of and assign the
duties to be performed by the election clerks serving under the
judge.
(b) Subject to Section 32.073, clerks may be assigned to
work for different lengths of time and to begin work at different
hours.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 27, eff. Sept. 1, 1997.
§ 32.073. ABSENCE OF ELECTION OFFICERS FROM POLLING
PLACE. (a) The presiding judge and the clerks who are on duty at
the time of any manual count or examination of ballots before the
time for closing the polls shall remain on duty without leaving the
polling place while the polls are open. Clerks may be assigned to
work for periods ending before any manual count or examination of
ballots begins. The presiding judge may permit temporary absences
for meals or other necessary activities.
(b) If the presiding judge does not permit the clerks to be
absent for meals, the judge must permit meals to be brought or
delivered to the polling place.
(c) With respect to regulating temporary absences from the
polling place while the polls are open, the presiding judge shall
treat all election officers serving at the polling place uniformly.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 6, eff. Sept. 1, 1987; Acts
1997, 75th Leg., ch. 864, § 28, eff. Sept. 1, 1997.
§ 32.074. ADMINISTRATION OF OATHS. An election judge or
clerk may administer any oath required or authorized to be made at a
polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.075. LAW ENFORCEMENT DUTIES AND POWERS. (a) The
presiding judge shall preserve order and prevent breaches of the
peace and violations of this code in the polling place and in the
area within which electioneering and loitering are prohibited from
the time the judge arrives at the polling place on election day
until the judge leaves the polling place after the polls close.
(b) In performing duties under Subsection (a), the
presiding judge may appoint one or more persons to act as special
peace officers for the polling place. A special peace officer may
not enforce the prohibition against electioneering or loitering
near the polling place unless the officer's appointment is approved
by the presiding officer of the local canvassing authority.
(c) In performing duties under Subsection (a), a presiding
judge has the power of a district judge to enforce order and
preserve the peace, including the power to issue an arrest warrant.
An appeal of an order or other action of the presiding judge under
this section is made in the same manner as the appeal of an order or
other action of a district court in the county in which the polling
place is located.
(d) A person who is arrested at a polling place while voting
or waiting to vote shall be permitted to vote, if entitled to do so,
before being removed from the polling place.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 29, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1094, § 1, eff. June 20, 2003.
SUBCHAPTER E. COMPENSATION
§ 32.091. COMPENSATION FOR SERVICES AT POLLING
PLACE. (a) Except as provided by Subsection (c), an election
judge or clerk is entitled to compensation for services rendered at
a precinct polling place at an hourly rate not to exceed the amount
fixed by the appropriate authority, which amount must be at least
the federal minimum hourly wage. A judge or clerk may be
compensated at that rate for services rendered under Section
62.014(c).
(b) A judge or clerk may not be paid for more than one hour
of work before the polls open, except for payment made for work
under Section 62.014(c). In a precinct in which voting machines are
used, a judge or clerk may not be paid for more than two hours of
work after the time for closing the polls or after the last voter
has voted, whichever is later.
(c) For a primary or runoff primary election, the minimum
hourly rate is the greater of the maximum rate provided by
Subsection (a) or, if the election officer attended a training
program as provided by Subchapter F, $7.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 7, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1349, § 13, eff. Sept. 1, 1997; Acts 2001,
77th Leg., ch. 260, § 1, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 1316, § 12, eff. Sept. 1, 2003.
§ 32.092. COMPENSATION FOR DELIVERING ELECTION RECORDS
AND SUPPLIES. (a) The election judge or clerk who delivers the
precinct election records, keys to ballot boxes or other election
equipment, and unused election supplies after an election is
entitled to compensation for that service in an amount not to exceed
$25.
(b) If more than one election officer delivers the records,
keys, and unused supplies, the presiding judge shall determine how
the amount fixed for the service is to be allocated among the
officers.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.093. AUTHORITY FIXING COMPENSATION. The
compensation of election judges and clerks shall be fixed by the
following authority:
(1) for an election ordered by the governor or a county
authority, the commissioners court;
(2) for an election ordered by an authority of a
political subdivision other than a county, the political
subdivision's governing body; and
(3) for a primary election, the county executive
committee of the political party holding the primary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 32.094. STATEMENT OF COMPENSATION. (a) After each
election, each presiding judge serving in the election shall
prepare and sign, in duplicate, a statement containing the
following information:
(1) the name and address of the presiding judge and
each clerk who served under the judge;
(2) the number of hours that each election officer
worked at the polling place or at another location under Section
62.014(c), excluding time for which payment may not be made; and
(3) the name of the election officer who delivered the
election records, keys, and unused supplies, and, if more than one
officer, the name of and the amount of compensation allocated to
each officer.
(b) In addition to the information required by Subsection
(a), the compensation statement must include the total hourly
compensation earned by each officer if the authority responsible
for distributing the election supplies directs the presiding judge
to include that information.
(c) The presiding judge shall follow the instructions of the
authority responsible for distributing the election supplies with
respect to:
(1) the time by which and the authority to whom the
presiding judge is to deliver the compensation statement; and
(2) any other instructions that the authority
considers appropriate to ensure that the election officers are
paid.
(d) The time designated under Subsection (c)(1) for
delivery of the compensation statement may not be later than 5 p.m.
of the third day after election day.
(e) The original compensation statement shall be used for
making payment for the services. The general custodian of election
records shall preserve the duplicate for the period for preserving
the precinct election records. If the presiding judge delivers the
statement to an authority other than the general custodian of
election records, the authority receiving the statement shall
deliver the duplicate to the general custodian not later than the
third day after the date of its receipt.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 30, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1349, § 14, eff. Sept. 1, 1997.
SUBCHAPTER F. TRAINING
§ 32.111. TRAINING STANDARDS FOR ELECTION
JUDGES. (a) The secretary of state shall:
(1) adopt standards of training in election law and
procedure for presiding or alternate election judges;
(2) develop materials for a standardized curriculum
for that training; and
(3) distribute the materials as necessary to the
governing bodies of political subdivisions that hold elections and
to each county executive committee of a political party that holds a
primary election.
(b) The training standards may include required attendance
at appropriate training programs or the passage of an examination
at the end of a training program.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 2003, 78th Leg., ch. 1316, § 13, eff. Sept. 1, 2003.
§ 32.112. EXPENSE OF TRAINING JUDGES. The governing
body of a political subdivision may appropriate funds to:
(1) compensate its election judges, early voting
clerk, and deputy early voting clerks in charge of early voting
polling places for attending a training program required under
Section 32.111, at an hourly rate not to exceed the maximum rate of
compensation of an election judge for services rendered at a
precinct polling place or, if applicable, for attending a training
program under Section 32.114; and
(2) pay the expenses of conducting the programs.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.37; Acts 1991, 72nd Leg., ch.
554, § 8, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1316,
§ 14, eff. Sept. 1, 2003.
§ 32.113. TRAINING PROGRAMS. (a) The governing body
of a political subdivision other than a county may, and the county
executive committee of a political party shall, provide training
for its election officers using the standardized training program
and materials developed and provided by the secretary of state
under Section 32.111.
(b) A political subdivision or county executive committee
may conduct its training independently or jointly with other
entities.
(c) A law outside this code providing for a training program
in connection with a specified type of election supersedes this
subchapter to the extent of any conflict.
(d) The governing body of the political subdivision shall
notify the voter registrar of each county in which the political
subdivision is situated of the date, hour, and place of each session
of the training program.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 22, eff. Sept. 1, 1993; Acts
2003, 78th Leg., ch. 1316, § 15, eff. Sept. 1, 2003.
§ 32.114. PUBLIC COUNTY TRAINING PROGRAM. (a) The
county clerk shall provide one or more sessions of training using
the standardized training program and materials developed and
provided by the secretary of state under Section 32.111 for the
election judges and clerks appointed to serve in elections ordered
by the governor or a county authority. Each election judge shall
complete the training program.
(b) A training program provided under this section is open
to the public free of charge.
(c) The county clerk shall:
(1) post a notice of the time and place of each session
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;
(2) notify each 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.
(d) Each presiding judge receiving notice under Subsection
(c)(2) shall notify the alternate presiding judge and other persons
who serve as clerks for the judge's precinct of the time and place
of each session.
(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 not to exceed $7.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 916, § 23, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 864, § 31, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 1316, § 16, eff. Sept. 1, 2003.
§ 32.115. SECRETARY OF STATE TO ASSIST IN TRAINING. On
request of a county executive committee or a county clerk, as
appropriate, the secretary of state shall schedule and provide
assistance for the training of election judges and clerks under
Section 32.113 or 32.114. The secretary may provide similar
training assistance to other political subdivisions.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
