Who Will Resolve Challenges to Write In Votes in the Texas CD 22?

In an earlier post, I asked who would resolve questions over whether certain write-in votes cast in the Texas CD22 (the former Tom DeLay district) should be counted for the write in candidate backed by Republicans, Shelley Sekula-Gibbs. I quoted an article that stated that these challenges would be decided by “resolution boards,” and I asked about their composition. A knowledgeable reader writes:

    I think this a reference to the counting teams established under Subchapter A, Chapter 65, Election Code, which provide for a team of three to count paper ballots. Under Section 127.130(c), Election Code, the procedure for the manual counting of electronic voting system ballots “is the same as that for regular paper ballots to the extent practicable.” My understanding is the computer segregates all write-in votes and spits out a report of those that don’t match the way the candidate’s name is entered into the system. The head of the counting team, which is the presiding judge of the central counting station then “examine[s] each ballot and clearly announce[s] the name of each candidate for whom a vote has been received for or against a measure.” Elec. Code Sec. 65.005(a).

I followed up with a question about the partisan composition of these boards. Here is the answer I received:

    The counting team is predominantly GOP.
    The presiding judge is chosen by the commissioners’ court (policy-making body) of each county under Chap. 32, Election Code. Basically the GOP and the Democrats submit a list of names of persons eligible for appointment as an election judge. Elec. Code. Sec. 32.002(c). The court appoints a regular judge and an alternate judge from the submitted lists for each precinct; the regular judge must be from the party whose gubernatorial nominee received the most votes in the last election and the alternate must be from the party whose nominee received the second-highest number of votes. Id. The commissioners’ court appoints the first person on each list who meets the eligibility requirements. Id. The appointments are made in July, but a party can supplement the lists up to the 20th day before election to deal with any vacancies since July. Id. Since the Rs won in 2002, the presiding judge will be a Republican, and the alternate will be a Democrat. The alternate only steps up if the presiding judge is unable, and he remains unreplaced. (There’s a provision for emergency appointments, so it’s probably unlikely the D judge would get to step up, they’d just find an R replacement real quick.)
    The presiding election judge (the GOP judge) appoints the clerks. Elec. Code Sec. 32.031. By law, the alternate presiding judge must be appointed as a clerk. Id. Sec. 32.032. So the alternate presiding judge (D judge), as one of the clerks for the central counting station, would be part of the counting team.

If anyone has any additions or corrections to the information sent to me, please pass them along. I haven’t verified any of this myself.

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