SB 108 revises Texas Election Code provisions governing how election clerks are appointed at polling places and at central counting stations. The bill changes the structure from a system centered on the presiding judge to one in which both the presiding judge and the alternate presiding judge appoint clerks, and it requires each to appoint at least one clerk, with the ability to appoint additional clerks up to limits set by the appointing authority. It also updates related timing and notice provisions, and repeals Section 32.032 of the Election Code.
The bill also modifies the party-list process for clerk appointments. County chairs of the two major political parties in a county may submit lists of eligible clerk candidates, and if a timely list is submitted, each judge must appoint at least one clerk from the list. When only one additional clerk is to be appointed, the presiding judge must choose from the list submitted by the party that received the second-highest gubernatorial vote in the county. The bill further requires the presiding judge and alternate presiding judge to appoint the same number of clerks to the extent possible, and extends these appointment rules to central counting station clerks. The act takes effect September 1, 2025.
Impact
SB 108 amends multiple sections of the Election Code, changing the appointment authority and procedures for precinct election clerks and central counting station clerks. It shifts responsibility from a single presiding judge to both the presiding judge and alternate presiding judge, sets minimum clerk appointments for each, adjusts deadlines for submitting party lists, and removes a prior statutory section governing clerk appointments. These changes affect county election officials, political party county chairs, and the administration of polling places and vote-counting operations across Texas.
Sentiment
The available record suggests the bill moved through the legislative process without recorded opposition in the provided vote history, and there are no committee transcript excerpts showing debate or amendments. The absence of recorded nays and the bill’s advancement to a committee report indicate generally favorable or at least unopposed treatment in the available materials. Overall, the bill appears to have been viewed as an administrative election procedure measure rather than a highly controversial policy change.
Contention
The main policy issue embedded in SB 108 is the allocation of clerk-appointment power between the presiding judge and alternate presiding judge, and the continued role of political party county chairs in supplying candidate lists. Potential points of contention include whether requiring equal or near-equal clerk appointments between the two judges improves balance and transparency, and whether the revised party-list rules preserve partisan input or create unnecessary constraints on local election administration. The bill text also suggests a change in how appointments are made when only one additional clerk is needed, which could matter to parties and election officials concerned about neutrality, staffing flexibility, and precinct-level control.
In district election officers, providing for master list of prospective clerks of election and for clerk of election vacancies and further providing for vacancies in election boards, appointment, judge and majority inspector to be members of majority party and minority inspector to be member of minority party.