ORDER N0. c5842 COMGLIANCE OF ELECTION F'f?ECINCTS WITH TEXAS ELECTION CODE On this the 2Eth day of Rpril 19'39, upon motion made by Commissioner' Let z, seconded by Cammissicner vr-iffin, the Court unanimously approved by a vote of 4-0-D, a deter^mination that County election precincts comply with the Election Code p~_ir-scant to Election Code Section 4?.O3i(a). COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Henneh OFFICE: Countyy Judge MEETING DATE: Aprfl 26. 1999 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss review of election precincts for compliance with Texas Election Code. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. $ 4L.OOS TIME & PLACE OF ELECTIONS Title 4 $ 42,008. Consolidating Precincts in Special Etection (a) In a special election for which use of county election precincts is required, the commiaeionere court may consolidate, on the recommendation of the county election board, two or more county election precinMs into a single precinct if the polling place is located so it will adequately serve the voters of the consolidated precinct lSae main volume jor (6)J Amended by Acts 18&9, 73rd Leg., ch. 277, 4 1,•etr. Sept 1, 1993. Cross References Consolidation of preanets prohibited, see Notice of rnnsolidation and polling place, see V.T.CA„ Election Cade 5 42.002. V.T.CA, Election Code 55 4.003, 4.004. $ 42.009. Consolidating Precinctg in Primary Election The county executive committee of a political party holding a primary election may order two or more county election precincts consolidated into a single precinct if` (1) the polling place is located so it will adequately serve the voters of the consolidated precinct; and (2) at least one consolidated precinct is situated wholly within each commissioners precinct. Amended by Acts 1987, 70th Leg., ch. 479, 5 3, eH. Sept. 1, 1987. Historical and Statutory Notes 1987 Legislation The 1987 amendment deleted a subset. (a) desig- nation hom Ne text and deleted former subsets. cb) w (a>. Croea References Consolidation oC precincts prohibited, see V.T.CA., Election Code 5 42.002. SUBCHAPTER B. CHANGING COUNTY PRECINCT BOUNDARIES $ 42.031. Reviewing Precincts for Compliance: Boundary Changes (a) During March or April of each odd-numbered year, each commissioners court shall determine whether the county election precincts comply with Sections 42.006, 42.006, and 42007. The commissioners court may make that determination during March or April of an eves-numbered year. Betore May 1 of the year in which the determination is made, the rnmmiasioners court shall order the boundary changes necessary for compliance. (b) The commieeionere court may order a boundary change only during March or April unless the change is necessary to: (1) comply with Section 42.006 or 42.032; (2) reduce the number of registered voters in a precinct so it does not exceed the maximum number pemdtted by Section 42006; or (3) include within a precinct a suitable building available for use as a polling place if no suitable bur7ding is available for that purpose within the existing precinct boundary. Amended by Acts 1987, 70th Leg, ch. 43G 5 18, e8. Sept 1, 1987; Acts 1987, '70th Leg., ch. 472, 5 9, eS Sept. 1, 1987. TIME 8c PLACE OF ELECTIONS T(Ue 4 Historical and 1887 Legislation Acts 1887, 70th Leg., ch. 436, $ 16 and Acts 1987. Toth Leg" ch. 472, $ 9 both substituted § 42.033 Statutory Notes "Match or April" for "July or August" throughout the section and in subset. (a) substituted "May' for "September". ˘ 42.032. Redistricting: Boundary Changes If changes in county election precinct boundaries aze necessary to give effeM to a redistricting plan under Article III, Section 28, of the Texas Constitution, each commissioners court shall order the changes before October 1 of the year in which the redistricting is done. Amended by Acts 1987, 70th Leg., ch, 436, § 1& ett. Sept 1, 1987; Acts 1987, 70th Leg., ch. 472, $ 9, eff. Sept 1, 1987. Historical and Statutory Notes 1987 Legislation - Acts 1987, 70th Leg., ch. 436, $ 16 and Acts 1987, 70th Leg., ch. 472, $ 9 both substituted "October" for "December". ~- United States Supreme Court Elections, redistricting plans, vote dilution, see Grove v. Emison, U.SMinn.1993, 113 S.Ct. 1075, 607 U.S. 26, 122 L.Ed2d 398. $ 42.033. Effective Date of Boundary Change [See main volume for (a)) (b) Except as provided by Subsection (e), for a boundary change under Section 42.031(b), the rnmmissionets court may order an earlier effective date than that prescribed by Subsection (a) if: (1) an election for an officer of a territorial unit under Section 42.005(a) is scheduled or may be scheduled to be held before the effective date of the change under Subsection (a) and the territorial unit contains the election precinM as changed; and (2) the voter registrar has sufficient Ume to correct the registration records before the effective date of the change. (c) A change in a county eleMion precinct boundary may not take effect on a date occurring between the date of the general primary election and the date of the general election for state and county officers unless the change is necessary to: (1) comply with Section 42.005 after a boundary change made under Article V, Section 18, of the Texas Coastitution; (2) include within a precinct a suitable building available for use as a polling place if no suitable building is available for that purpose within the existing precinct boundary; or (3) comply with a court order. Amended by Acts 1989, 71st Leg., ch. 114, $ 8, eft. Sept. I, 1999. Historical and Statutory Notes 1989 Legislation The 1989 amendment. in subset. (b), inserted the exception relating m subset. (c); and added sub- set. (c). Cross Referenctre Change of boundary, effective date, see V.T.CA., Election Cade $ 42033. 83 April 16, 1999 The Election Code Sec. 42.031(a) requires Commissioners' Court to determine whether County Election Precincts comply with the Election Code. Paula Rector informs me that no Election Precinct has more than 5000 registered voters. CVRRENT NUMBER OF REGISTERED VOTERS AS OF 04/16/99 Precinct .. .... ......... ..... . Suspense/Return ..... Count .. Voters With No S/R 1,781 Voters With S 193 Sub-Total for Precinct 101 1,974 Voters With No S/R 776' Voters With S 58 Sub-Total for Precinct 107 836 Voters With No S/R 4,167 Voters With 5 381 Sub-Total for Precinct 113 4,548 Voters With No S/R 1,832 Voters With S 212 Sub-Total for Precinct 202 2,044 Voters With No S/R 1,169 Voters With S 108 Sub-Total for Precinct 211 1,277 Voters With No S/R 4,260 Voters With S 326 Sub-Total for Precinct 215 4,586 Voters With No S/R 252 Voters With S 10 5u6-Total for Precinct 303 262 Voters With No S/R 297 Voters With S 23 Sub-Total for Precinct 308 320 Voters With No S/R 2,642 Voters With S 253 Sub-Total for Precinct 312 2,895 Voters With No S/R 2,346 CURRENT NUMBER OF REGISTERED VOTERS AS OF 04/16/99 Precinct .. .... ......... ..... . Suspense/Return ..... Count .. Voters With S 277 Sub-Total foT• Precinct 314 2,623 Voters With No S/R 336 Voters With S 25 Sub-Total for Precinct 404 361 Voters With No S/R 1.068 Voters With S 7q Sub-Total for Precinct 405 1,142 Voters With No S/R 3,662 Voters With S 268 Sub-Total for Precinct 406 3 930 Voters With No S/R 94 Voters With S 4 Sub-Total for Precinct 409 qg Voters With No S/R 225 Voters With 5 g Sub-Total for Precinct 410 233 Voters With No S/R 2,134 Voters With S 188 Sub-Total for Precinct 416 2,322 Total Number of Registered Voters 29,451 29451 retards listed.