Overview of House Bill 1128

On Wednesday, Texas House lawmakers engaged in a significant debate concerning House Bill 1128, introduced by Rep. Carrie Isaac, R-Dripping Springs. This legislation would enable election judges, along with early voting clerks, to carry concealed handguns at polling places during early voting or on Election Day. The bill was passed with a vote of 89 to 53 in the House and is pending Senate approval.

Background and Purpose of the Bill

The proposed law seeks to formalize a ruling made by Attorney General Ken Paxton in 2018, asserting that election judges could carry firearms similar to district judges. Paxton’s opinion outlined a legal rationale, but it was non-binding.

Isaac emphasized the need for heightened security at polling locations, citing incidents reported during the 2024 election that included bomb threats and physical confrontations against poll workers. “Some workers even quit mid-election out of fear for their safety,” Isaac stated, advocating for protective measures for those serving at the polls.

Community Concerns and Criticism

Despite support for the bill, there is significant apprehension regarding the implications of allowing election judges to carry firearms. Critics argue that introducing weapons could escalate minor disruptions, questioning whether it’s appropriate to arm judges in situations involving non-lethal incidents. Rep. Maria Luisa Flores, D-Austin, posed the concern, “Do you really think arming someone with a firearm to combat someone with a water bottle is not escalating the situation?”

Additionally, Rep. Barbara Gervin-Hawkins, D-San Antonio, questioned the necessity of civilian judges handling security instead of law enforcement being present. Isaac countered, stating, “Unfortunately, it takes time for law enforcement to arrive, and that is why we need someone there at all times for protection.”

Public Safety and the Integrity of Elections

The debate also touched upon voter intimidation, with references to past incidents where election observers scrutinized the identities of voters unfairly. Rep. Vikki Goodwin, D-Austin, expressed concerns about the potential for armed judges exacerbating such situations. However, supporters, like Rep. Jared Patterson, R-Frisco, pointed out that the bill would not permit the general public to carry firearms at polling places but would limit the authority to election judges and designated individuals.