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Election Advisory No. 2022-06

To: County Elections Officers (County Clerks/Elections Administrators/Tax Assessors-
Collectors)
From: Keith Ingram, Director of Elections
Keith Ingram's signature
Date: January 20, 2022
RE: Appointment Procedures for Early Voting Ballot Board Members

Introduction

This Advisory is intended for counties that will be making early voting ballot board appointments for the May 7, 2022 constitutional amendment election. The appointment for an alternate judge of early voting ballot board is necessary because of a change in the law made by Senate Bill 1 (87th Leg., 2nd C.S., 2021), which went into effect December 2, 2021. If the commissioners court appointed election precinct judges, early voting ballot board presiding judge, and central counting station judges to a two-year term in August 2020, or a one- or two-year term in August or September 2021, as appropriate, there will be no reason to make such appointments for the May 7, 2022 constitutional amendment election.

Counties may be conducting joint elections for the May 7, 2022 election date with other political subdivisions, such as cities, school districts, water districts, or hospital districts. The joint election agreement must address how the appointments of election precinct presiding and alternate judges, early voting ballot board presiding judge, and central counting station presiding and alternate judges will be made.

The county chairs for major parties (Democratic and Republican Parties) may submit lists containing the names of eligible persons to be appointed as alternate judge of the early voting ballot board.

Appointment Process for Early Voting Ballot Board Presiding and Alternate Judge

NEW LAW: SB 1 (87th Leg., 2nd C.S., 2021) amended Section 87.002 of the Texas Election Code to require the early voting ballot board to have an alternate judge. The alternate judge is appointed in the same manner as the presiding judge. The names on the list of individuals eligible for appointment to the early voting ballot board must be submitted in order of preferenc e by the county chair. The county election board shall appoint persons as members of the early voting ballot board in the order of preference indicated on each list. The alternate judge shall be appointed from the lists provided and must be the highest-ranked persons on their respective lists from the political parties whose nominee for governor received the most and second most votes in the county in the most recent gubernatorial general election.

For the May constitutional amendment election, parties only need to submit a list of individuals eligible for appointment as an alternate judge to the early voting ballot board. The presiding judge should be the same person who was appointed to a two-year term in August 2020, or a one- or two-year term in August or September 2021.

Deadline: Section 87.002(c) of the Texas Election Code does not provide a deadline for the county chairs to submit names to the county election board. For the May 7, 2022 constitutional amendment election, we recommend the party chairs submit the names to the county clerk, elections administrator, or tax assessor-collector (the chair of the county election board) by February 11, 2022.

We recommend that the county election board appoint the alternate judge of the early voting ballot board no later than April 7, 2022 to allow time for notice requirements.

Appointment Process for County Election Precinct Presiding and Alternate Judges, Central Counting Station Presiding and Alternate Judges

Please review Election Advisory 2021-07 for information on the appointment process for county election precinct presiding and alternate judges, election clerks, signature verification committee members, and central counting station personnel. Reminder: If the commissioners court appointed election precinct and central counting station judges in August 2021, as appropriate, for a one or two-year term, there will be no reason to make such appointments for the May 7, 2022 constitutional amendment election.

If you have any questions or situations that are not covered by this memo, please do not hesitate to contact the Elections Division toll-free at 1-800-252-2216.

KI:CA:LP