Should Texas election judges carry guns? House votes yes

article

AUSTIN, TX - MARCH 01: People vote at the Carver Branch Library on March 1, 2022 in Austin, Texas. Today Texans are headed to the polls to vote in the states first primary of the 2022 midterm election season. (Photo by Montinique Monroe/Getty Images)

AUSTIN, Texas - The Texas House advanced a bill Thursday that would allow election judges to carry guns at the polls.

Currently, the law prohibits people from carrying a firearm at a polling place on election day or during early voting. House Bill 1128 would change that law to allow an election judge, early voting clerk, or deputy early voting clerk who is serving as an election judge to carry a concealed handgun at an election day or early voting polling place to protect themselves and others.

Dripping Springs Republican Rep. Carrie Isaac's bill passed the House 85-57 on Thursday, and now moves to the Senate.

The bill would codify a 2018 opinion by Attorney General Ken Paxton that election judges hold the same power as a district judge and have a duty to keep the peace.

What they're saying:

On Wednesday, during the bill's second reading, Isaac said the bill was needed because of threats and attacks against poll workers during the 2024 election.

"Some workers even quit mid-election out of fear for their safety," Isaac said.

Isaac said election administrators testified it was becoming more difficult to hire and keep election workers.

"These workers are mostly volunteers giving their time to serve their communities," Isaac said. "If we expect them to uphold the integrity of our elections, we must do our part to ensure polling places are safe and secure for everyone involved."

The other side:

Some, like San Antonio Democrat Rep. Barbara Gerbin-Hawkins were concerned that a polling place could get derailed in the event an election judge fired their weapon.

She proposed having law enforcement stationed at polling locations for safety.

"Well, the reality is, we don't have enough law enforcement to have them at every polling place," Isaac said. "And the reality is, when things go wrong and someone does come in and tries to harm someone, we already have someone there."

Rep. Lulu Flores (D-Austin) said the bill might make situations worse.

"Do you really think that arming somebody with a firearm to maybe combat somebody with a water bottle is not escalating the situation?" Flores said.

Isaac countered that they shouldn't wait until someone was shot at a polling location to add protection.

"It seems like these threats are escalating, and it's getting worse," Isaac said. "So, this is a deterrent to if a bad actor knows that people, someone there at that location is carrying a firearm that is a deterrent as well."

What is an election judge?

Election judges are in charge of a polling location on election day.

They aren't real judges, but they have the authority to ask people to leave and to settle disputes that might come up during an election.

An election judge is selected by the party whose candidate earned the most votes in the most recent governor's election.