84R9138 GRM-F
By: Schofield H.B. No. 2953
A BILL TO BE ENTITLED
AN ACT
relating to the service of a poll watcher in an election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.006(b), Election Code, is amended to
read as follows:
(b) A certificate of appointment must:
(1) be in writing and signed by the appointing
authority or, for an appointment for a write-in candidate under
Section 33.004, by each of the voters making the appointment;
(2) indicate the capacity in which the appointing
authority is acting;
(3) state the name, residence address, and voter
registration number of the appointee and be signed by the
appointee;
(4) identify the election and the precinct polling
place or other location at which the appointee is to serve; and
(5) in an election on a measure, identify the measure
if more than one is to be voted on and state which side of the
measure the appointee represents[; and
[(6) contain an affidavit executed by the appointee
stating that the appointee will not have possession of a device
capable of recording images or sound or that the appointee will
disable or deactivate the device while serving as a watcher].
SECTION 2. Section 33.035, Election Code, is amended to
read as follows:
Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF CERTAIN
OFFENSES [ELECTION OFFENSE]. A person is ineligible to serve as a
watcher in an election if the person has been finally convicted of:
(1) a felony; or
(2) an offense in connection with conduct directly
attributable to an election.
SECTION 3. Section 33.052, Election Code, is amended to
read as follows:
Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE.
[(a)] A watcher at a precinct polling place may begin service at
any time after the presiding judge arrives at the polling place on
election day and may remain at the polling place until the presiding
judge and the clerks complete their duties there. A watcher [that
serves for more than five continuous hours] may serve at the polling
place during the hours the watcher chooses, except that if the
watcher is present at the polling place when ballots are counted,
the watcher may not leave until the counting is complete.
[(b) For purposes of this section, a watcher is considered to
have served continuously if the watcher leaves the polling place
for the purpose of using a wireless communication device prohibited
from use in the polling place under Section 61.014 and the watcher
promptly returns.]
SECTION 4. Section 33.057, Election Code, is amended to
read as follows:
Sec. 33.057. OBSERVING PREPARATION OF VOTER'S BALLOT. (a)
A watcher is entitled to be present at the voting station when a
voter is being assisted by an election officer or by a person of the
voter's choice, and the watcher is entitled to examine the ballot
before it is deposited in the ballot box to determine whether it is
prepared in accordance with the voter's wishes.
(b) A watcher may not be present at the voting station when a
voter is preparing the voter's ballot [or is being assisted by a
person of the voter's choice].
SECTION 5. Section 61.014(d), Election Code, is amended to
read as follows:
(d) This section does not apply to:
(1) an election officer in conducting the officer's
official duties;
(2) the use of election equipment necessary for the
conduct of the election; [or]
(3) a person who is employed at the location in which a
polling place is located while the person is acting in the course of
the person's employment; or
(4) a poll watcher who, for the purpose of reporting an
irregularity or violation of law relating to the election, is
contacting the authority holding the election, the secretary of
state, the attorney general, or a law enforcement officer.
SECTION 6. Section 33.051(c), Election Code, is repealed.
SECTION 7. This Act takes effect September 1, 2015.