CHAPTER 32. ELECTION JUDGES AND CLERKS - Texas Statutes

ELECTION CODE

TITLE 3. ELECTION OFFICERS AND OBSERVERS

CHAPTER 32. ELECTION JUDGES AND CLERKS

SUBCHAPTER A. APPOINTMENT OF ELECTION JUDGES

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 32.002. JUDGES FOR COUNTY ELECTION. (a) The commissioners

court shall appoint the election judges for each regular county

election precinct:

(1) at its July term in a county with a population of over

500,000; or

(2) at its August term in a county with a population of 500,000

or less.

(b) Judges appointed under Subsection (a) serve for a term of

one year, except that the commissioners court by order recorded

in its minutes may provide for a term of two years. A judge's

term begins:

(1) August 1 following appointment in a county to which

Subsection (a)(1) applies; or

(2) September 1 following appointment in a county to which

Subsection (a)(2) applies.

(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 in a county to

which Subsection (a)(1) applies or before August of each year in

a county to which Subsection (a)(2) applies, 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 county chair may

supplement the list of names of persons until the 20th day before

a general election or the 15th day before a special election in

case an appointed election judge becomes unable to serve. 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, after making a reasonable effort to

consult with the party chair of the appropriate political party

or parties, 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 presiding judge or alternate presiding 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1349, Sec. 8, 9, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 1009, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

89, Sec. 1, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

351, Sec. 1, eff. January 1, 2010.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 22, eff. Sept. 1, 1997.

Sec. 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 after the

20th day before a general election or the 15th day before a

special election, 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, and the appointing authority shall make a reasonable

effort to consult with the party chair of the appropriate

political party before making an appointment under this section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1349, Sec. 10, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

89, Sec. 2, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 23, eff. Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER B. APPOINTMENT OF ELECTION CLERKS

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

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 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 3(a), eff. Sept. 1, 1987.

Sec. 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.

(e) If a presiding judge 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, the list

of names shall be submitted to the county chair of the political

party 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

to appoint clerks by this section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 24, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

89, Sec. 3, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER C. ELIGIBILITY

Sec. 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) Except as provided by Section 32.0511, 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) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1235, Sec.

26(2), eff. September 1, 2009.

(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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 1349, Sec. 11, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

517, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 26(2), eff. September 1, 2009.

Sec. 32.0511. SPECIAL ELIGIBILITY REQUIREMENTS: STUDENT ELECTION

CLERKS. (a) In this section:

(1) "Educational institution" means:

(A) a public secondary school; or

(B) an accredited private or parochial secondary school.

(2) "Student" means a person enrolled in an educational

institution or a home-schooled student.

(b) A student who is ineligible to serve as a clerk of an

election precinct under Section 32.051(c) is eligible to serve as

a clerk of an election precinct under this section if the

student:

(1) at the time of appointment as an election clerk:

(A) is a student at an educational institution or attends a home

school that meets the requirements of Section 25.086(a)(1),

Education Code; and

(B) has the consent of:

(i) the principal of the educational institution attended by the

student; or

(ii) in the case of a home-schooled student, a parent or legal

guardian who is responsible for the student's education; and

(2) at the time of service as an election clerk:

(A) is 16 years of age or older;

(B) is a United States citizen; and

(C) has completed any training course required by the entity

holding the election.

(c) A student election clerk serving under this section:

(1) is entitled to compensation under Section 32.091 in the same

manner as other election clerks; and

(2) when communicating with a voter who cannot communicate in

English, may communicate with the voter in a language the voter

and the clerk understand as authorized by Subchapter B, Chapter

61.

(d) Not more than two student election clerks may serve at a

polling place, except that not more than four student election

clerks may serve at any countywide polling place.

(e) The secretary of state may initiate or assist in the

development of a statewide program promoting the use of student

election clerks appointed under this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

517, Sec. 2, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 32.053. INELIGIBILITY OF CANDIDATE FOR OFFICE. (a) A

person who is a candidate in an election for a contested public

or party office is ineligible to serve, in an election to be held

on the same day as that election, as an election judge or clerk

in any precinct in which the office sought is to be voted on.

(b) This section does not apply to:

(1) a county clerk; or

(2) a precinct chair declared elected under Section 171.0221.

(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, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

167, Sec. 1, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 561, Sec. 15, eff. Aug. 26, 1991;

Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 864, Sec. 25, eff. Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 2, Sec. 7.03, eff. Aug. 28, 1989.

Sec. 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, Sec. 6, eff. Sept. 1,

1993.

Sec. 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, Sec. 12, eff. Sept. 1,

1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 26, eff. Sept. 1, 1997.

Sec. 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.

(c) With respect to designating the working hours of and

assigning the duties to be performed by the election clerks, the

presiding judge, to facilitate and protect the integrity of the

voting process, shall treat all election clerks serving at the

polling place uniformly.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 27, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

89, Sec. 4, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 472, Sec. 6, eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 28, eff. Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

(e) The presiding judge or a special peace officer appointed

under this section may not enforce the prohibition against

electioneering or loitering outside of the area within which

electioneering and loitering are prohibited under Section 61.003

or 85.036.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 29, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1094, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

918, Sec. 1, eff. June 15, 2007.

SUBCHAPTER E. COMPENSATION

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 728, Sec. 7, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 1349, Sec. 13, eff. Sept. 1, 1997; Acts

2001, 77th Leg., ch. 260, Sec. 1, eff. Sept. 1, 2001; Acts 2003,

78th Leg., ch. 1316, Sec. 12, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 30, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1349, Sec. 14, eff. Sept. 1, 1997.

SUBCHAPTER F. TRAINING

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 2003, 78th Leg., ch. 1316, Sec. 13, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.37; Acts 1991, 72nd

Leg., ch. 554, Sec. 8, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,

ch. 1316, Sec. 14, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 916, Sec. 22, eff. Sept. 1, 1993;

Acts 2003, 78th Leg., ch. 1316, Sec. 15, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 916, Sec. 23, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 864, Sec. 31, eff. Sept. 1, 1997; Acts

2003, 78th Leg., ch. 1316, Sec. 16, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.