Must criminal background checks be run on all election judges and clerks?
Not unless such judges and clerks are engaged in pre-election programming, testing and preparing of the voting system equipment for Early Voting and Election Day. The Advisory specifically states that poll workers (election judges and clerks) assigned to work election voting centers or precincts are not included in the group of persons subject to criminal background checks under Section 129.051(g), Election Code. • Should the general custodian of election records request commissioners court to pass a resolution stating that any election judge or clerk or other elections staffer who does not pass a criminal background check will not be eligible to serve? Answer: Section 129.051(g), Election Code, does not require such an action. Before the general custodian of election records takes such a step, we would urge that legal advice be sought from the county attorney. Any such resolution would need to be precleared with the U.S. Department of Justice before it could become effective as it wou
