1. (a) Except as provided by Subsection (b) or (e), to be eligible to serve as a judge of an election precinct, a person must:

   1. (1) be a qualified voter of the precinct; and
   2. (2) for a regular county election precinct for which an appointment is made by the commissioners court, satisfy any additional eligibility requirements prescribed by written order of the commissioners court.
2. (b) If the authority making an emergency appointment of a presiding judge cannot find an eligible qualified voter of the precinct who is willing to accept the appointment, the eligibility requirement for a clerk prescribed by Subsection (c) applies.

3. (c) To be eligible to serve as a clerk of an election precinct, a person must be a qualified voter:

   1. (1) of the county, in a countywide election ordered by the governor or a county authority or in a primary election;
   2. (2) of the part of the county in which the election is held, for an election ordered by the governor or a county authority that does not cover the entire county of the person's residence; or
   3. (3) of the political subdivision, in an election ordered by an authority of a political subdivision other than a county.
4. (d) The Alcoholic Beverage Code supersedes this section to the extent of any conflict.
5. (e) In a regular county election precinct for which an appointment is made by the commissioners court and in which a political party's candidate for governor received more than 85 percent of the vote in the most recent gubernatorial general election, the alternate presiding judge may be a qualified voter of another precinct in the county.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 11, eff. Sept. 1, 1997.