AGENDA CAPTION:
Title
Consider approval of Resolution 2022-165R, approving an Election Services Agreement with the Hays County Elections Administrator for the provision of Election Services for the City’s General Election to be held on November 8, 2022 and, if necessary, a Runoff Election to be held in accordance with State law; authorizing the City Manager or her designee to execute the agreement on behalf of the City; and declaring an effective date.
Body
Meeting date: August 2, 2022
Department: City Clerk’s Office
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Background Information:
The Elections Services Agreement was on the July 5th council agenda. City Council approved an amendment on the agreement under Section I. RESPONSIBILITIES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following services and furnishing the following material and equipment in connection with the Election:
A. Nomination of Presiding Judges and Alternate Judges. The Contracting Officer
in consultation with the San Marcos City Clerk shall recommend appointment of Election Day presiding and alternate judges, central accumulation station judges, and the Early Voting Ballot Board (EVBB) presiding judge, all of whom shall meet the eligibility requirements in Subchapter C of Chapter 32 of the Texas Election Code.
The Hays County Election Administrator confirmed that this amendment is not agreeable due to the process defined below. In a November election these appointments are made by recommendation of the election board and approved by Commissioners Court.
Judges and Alternate Judges are appointed through a list process defined in Sec. 32.002:
(c-1) For purposes of this subsection, the county chair shall provide a list of names of persons eligible for appointment as election judges. Judges of countywide polling places established under Section 43.007 <https://protect-us.mimecast.com/s/-kDKCZ6NyPh53jrqIzkJHL?domain=statutes.capitol.texas.gov> must be appointed from the list of names of persons submitted by the county chair in compliance with Subsection (c) except that in appointing a person from the list the commissioners court shall apportion the number of judges in direct proportion to the percentage of precincts located in each county commissioners precinct won by each party in the last gubernatorial election, the commissioners court is not required to make the appointments based on specific polling locations or precincts, a presiding judge or alternate presiding judge is not required to serve in a polling place located in the precinct in which the judge resides, and more than one presiding judge or alternate presiding judge may be selected from the same precinct to serve in polling places not located in the precinct in which the judges reside. The county chairs may submit, and the commissioners court may preapprove, the appointment of more presiding judges or alternate presiding judges than necessary to fill available positions. The county clerk may select an individual whose appointment was preapproved by the commissioners court to fill a vacancy in a position that was held by an individual from the same political party. Other than a judge's party affiliation, nothing in this subsection precludes a county clerk from placing an election officer at a countywide polling place based on the need for services at that location.
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Recommendation:
Staff recommends approval of this agreement.