reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.007. Emergency Appointment

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 (S.B. 896), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.008. Order of Appointment

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.009. Notice of Appointment

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, address, and any available telephone number and e-mail address of the alternate, and a notice to an alternate must state the name, address, and any available telephone number and e-mail 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.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.011. Conflicts With Other Law

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.012. Provision of Information Relating to Election Judges Appointed by Commissioners Court

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter B. Appointment of Election Clerks › Section 32.031. Presiding Judge to Appoint 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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter B. Appointment of Election Clerks › Section 32.032. Alternate Presiding Judge as Clerk

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter B. Appointment of Election Clerks › Section 32.033. Number of Clerks

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter B. Appointment of Election Clerks › Section 32.035. Conflicts With City Charter

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.051. General Eligibility Requirements

Sec. 32.051.  GENERAL ELIGIBILITY REQUIREMENTS.  (a)  Except as provided by Subsection (b), 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 appointment of a presiding judge or alternate 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)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1002, Sec. 6, eff. September 1, 2011.
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 (S.B. 1134), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 26(2), eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.0511. Special Eligibility Requirements: Student Election Clerks

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 (S.B. 1134), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.052. Ineligibility of Public Officer

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.053. Ineligibility of Candidate for Office

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 (H.B. 567), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.054. Ineligibility of Employee or Relative of Candidate

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 a party office in any precinct in which the office appears on the ballot.  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.
(d)  Notwithstanding Subsection (b), a person employed by a county solely as an early voting clerk appointed under Chapter 83 is not employed by a candidate for purposes of this section.
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.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 984 (H.B. 2110), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.055. Ineligibility of Campaign Treasurer

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.0551. Ineligibility of Campaign Manager

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.0552. Ineligibility of Person Convicted of Election Offense

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter C. Eligibility › Section 32.056. City Charter Requirements

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter D. Powers and Duties › Section 32.071. General Responsibility of Presiding Judge

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter D. Powers and Duties › Section 32.072. Duties and Working Hours of Clerks

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 (S.B. 896), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter D. Powers and Duties › Section 32.073. Absence of Election Officers From Polling Place

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter D. Powers and Duties › Section 32.074. Administration of Oaths

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter D. Powers and Duties › Section 32.075. Law Enforcement Duties and Powers

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.
(f)  A person is eligible for appointment as a special peace officer under Subsection (b) only if the person is licensed as a peace officer by the Texas Commission on Law Enforcement.
(g)  A presiding judge may not have a watcher duly accepted for service under Subchapter A, Chapter 33, removed from the polling place for violating a provision of this code or any other provision of law relating to the conduct of elections, other than a violation of the Penal Code, unless the violation was observed by an election judge or clerk.
(h)  Notwithstanding Subsection (g), a presiding judge may call a law enforcement officer to request that a poll watcher be removed if the poll watcher commits a breach of the peace or a violation of law.
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 (H.B. 3143), Sec. 1, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 504 (H.B. 1503), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.17, eff. May 18, 2013.
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.01, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter D. Powers and Duties › Section 32.076. Disclosure of E-Mail Address and Phone Number Restricted

Sec. 32.076.  DISCLOSURE OF E-MAIL ADDRESS AND PHONE NUMBER RESTRICTED.  (a)  Except as provided by Subsection (b), an e-mail address or personal phone number of an election judge or clerk collected or maintained by the authority conducting the election is confidential and does not constitute public information for purposes of Chapter 552, Government Code.
(b)  An e-mail address or phone number described by Subsection (a) shall be made available on request to:
(1)  any entity eligible to submit lists of election judges or clerks for that election; or
(2)  the state executive committee of a political party with a county chair eligible to submit lists of election judges or clerks for that election.
Added by Acts 2015, 84th Leg., R.S., Ch. 1062 (H.B. 2160), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter E. Compensation › Section 32.091. Compensation for Services at Polling Place

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 two hours 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 21 (S.B. 1052), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter E. Compensation › Section 32.092. Compensation for Delivering Election Records and Supplies

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter E. Compensation › Section 32.093. Authority Fixing Compensation

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter E. Compensation › Section 32.094. Statement of Compensation

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter F. Training › Section 32.111. Training Standards for Election Judges

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, including a published handbook, made available on the secretary of state's Internet website, free of charge; 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.
(c)  The training standards adopted under Subsection (a) must include provisions on the acceptance and handling of the identification presented by a voter to an election officer under Section 63.001.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 6, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 415 (H.B. 1632), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter F. Training › Section 32.1111. Online Training

Sec. 32.1111.  ONLINE TRAINING.  (a)  The secretary of state shall:
(1)  make available a standardized training program developed under Section 32.111:
(A)  entirely via the Internet; and
(B)  at any time, without a requirement for prior registration;
(2)  require the passage of an examination at the end of the training program; and
(3)  provide an individual who completes the training with a certificate of completion.
(b)  A certificate of completion provided under Subsection (a)(3) shall expire no later than one year following the date it was awarded.
(c)  Completion of the training program under this section is not a prerequisite to eligibility for service in an election for:
(1)  county election officials;
(2)  presiding or alternate election judges;
(3)  election clerks;
(4)  members of the early voting ballot board;
(5)  members of the signature verification committee; or
(6)  central counting station officers.
Added by Acts 2023, 88th Leg., R.S., Ch. 415 (H.B. 1632), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter F. Training › Section 32.112. Expense of Training Judges

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter F. Training › Section 32.113. Training Programs

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter F. Training › Section 32.114. Public County Training Program

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.  The training program must include specific procedures related to the early voting ballot board and the central counting station, as applicable.  Each election clerk shall complete the part of the training program relating to the acceptance and handling of the identification presented by a voter to an election officer under Section 63.001.
(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 county's Internet website, if the county maintains an Internet website, and may post the notice 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;
(1-a)  post notice of the time and place of each session on the bulletin board used for posting notice of meetings of the commissioners court, if the county does not maintain an Internet website, 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 fixed by the appropriate authority in an amount that is equal to or greater than the federal minimum wage.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 7, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 10, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 5, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 35, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter F. Training › Section 32.115. Secretary of State to Assist in Training

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.001. Watcher Defined

Sec. 33.001.  WATCHER DEFINED.  In this code, "watcher" means a person appointed under this subchapter to observe the conduct of an election on behalf of a candidate, a political party, or the proponents or opponents of a measure.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.0015. Chapter Purpose and Watcher Duty

Sec. 33.0015.  CHAPTER PURPOSE AND WATCHER DUTY.  The purpose of this chapter is to preserve the integrity of the ballot box in accordance with Section 4, Article VI, Texas Constitution, by providing for the appointment of watchers.  It is the intent of the legislature that watchers duly accepted for service under this chapter be allowed to observe and report on irregularities in the conduct of any election, but may not interfere in the orderly conduct of an election.  To effect that purpose, a watcher appointed under this chapter shall observe without obstructing the conduct of an election and call to the attention of an election officer any observed or suspected irregularity or violation of law in the conduct of the election.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.02, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.0016. References to Early Voting Ballot Board in This Chapter

Sec. 33.0016.  REFERENCES TO EARLY VOTING BALLOT BOARD IN THIS CHAPTER.  A reference in this chapter to an early voting ballot board includes a signature verification committee.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 4.03, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.002. Appointment by Candidate

Sec. 33.002.  APPOINTMENT BY CANDIDATE.  (a)  Watchers may be appointed by each candidate whose name appears on the ballot or the list of declared write-in candidates in an election for:
(1)  a public office other than the office of vice-president of the United States;  or
(2)  an office of a political party.
(b)  In an election for an office of the state government that is filled by voters of more than one county, watchers may also be appointed by the candidate's campaign treasurer.
(c)  In an election for an office of the federal government that is filled by voters of more than one county, watchers may also be appointed by the chair or treasurer of the candidate's principal campaign committee or by a designated agent of the chair or treasurer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 32, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1349, Sec. 15, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.003. Appointment by Political Party

Sec. 33.003.  APPOINTMENT BY POLITICAL PARTY.  (a)  The county chair of each political party that has one or more nominees on the ballot may appoint watchers.
(b)  If the county chair does not make an authorized appointment, any three members of the county executive committee may make the appointment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 33, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.004. Appointment for Write-in Candidate

Sec. 33.004.  APPOINTMENT FOR WRITE-IN CANDIDATE.  (a)  A group of registered voters may appoint watchers on behalf of a write-in candidate in an election in which a declaration of write-in candidacy is not required to be filed.
(b)  To be eligible to participate in the appointment under this section of a watcher for a precinct polling place, a person must be a registered voter of the precinct.  To be eligible to participate in the appointment under this section of a watcher for an early voting polling place, the meeting place of an early voting ballot board, or a central counting station, a person must be a registered voter of the territory served by that facility.
(c)  The minimum number of voters required to make an appointment under this section is the lesser of:
(1)  15;  or
(2)  five percent of the registered voters of the appropriate territory as determined from the list of registered voters to be used for the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.38;  Acts 1991, 72nd Leg., ch. 554, Sec. 9, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1349, Sec. 16, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 33 - Watchers › Subchapter A. Appointment › Section 33.005. Appointment for Election on Measure

Sec. 33.005.  APPOINTMENT FOR ELECTION ON MEASURE.  (a)  In an election on a measure, watchers may be appointed by the campaign treasurer or an assistant campaign treasurer of a specific-purpose political committee that supports or opposes the measure.
(b)  This section does not apply to a referendum measure submitted at a primary election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.