Texas 2015 - 84th Regular

Texas House Bill HB2953 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R9138 GRM-F
2	2	By: Schofield H.B. No. 2953
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the service of a poll watcher in an election.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 33.006(b), Election Code, is amended to
10	10	read as follows:
11	11	(b) A certificate of appointment must:
12	12	(1) be in writing and signed by the appointing
13	13	authority or, for an appointment for a write-in candidate under
14	14	Section 33.004, by each of the voters making the appointment;
15	15	(2) indicate the capacity in which the appointing
16	16	authority is acting;
17	17	(3) state the name, residence address, and voter
18	18	registration number of the appointee and be signed by the
19	19	appointee;
20	20	(4) identify the election and the precinct polling
21	21	place or other location at which the appointee is to serve; and
22	22	(5) in an election on a measure, identify the measure
23	23	if more than one is to be voted on and state which side of the
24	24	measure the appointee represents[; and
25	25	[(6) contain an affidavit executed by the appointee
26	26	stating that the appointee will not have possession of a device
27	27	capable of recording images or sound or that the appointee will
28	28	disable or deactivate the device while serving as a watcher].
29	29	SECTION 2. Section 33.035, Election Code, is amended to
30	30	read as follows:
31	31	Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF CERTAIN
32	32	OFFENSES [ELECTION OFFENSE]. A person is ineligible to serve as a
33	33	watcher in an election if the person has been finally convicted of:
34	34	(1) a felony; or
35	35	(2) an offense in connection with conduct directly
36	36	attributable to an election.
37	37	SECTION 3. Section 33.052, Election Code, is amended to
38	38	read as follows:
39	39	Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE.
40	40	[(a)] A watcher at a precinct polling place may begin service at
41	41	any time after the presiding judge arrives at the polling place on
42	42	election day and may remain at the polling place until the presiding
43	43	judge and the clerks complete their duties there. A watcher [that
44	44	serves for more than five continuous hours] may serve at the polling
45	45	place during the hours the watcher chooses, except that if the
46	46	watcher is present at the polling place when ballots are counted,
47	47	the watcher may not leave until the counting is complete.
48	48	[(b) For purposes of this section, a watcher is considered to
49	49	have served continuously if the watcher leaves the polling place
50	50	for the purpose of using a wireless communication device prohibited
51	51	from use in the polling place under Section 61.014 and the watcher
52	52	promptly returns.]
53	53	SECTION 4. Section 33.057, Election Code, is amended to
54	54	read as follows:
55	55	Sec. 33.057. OBSERVING PREPARATION OF VOTER'S BALLOT. (a)
56	56	A watcher is entitled to be present at the voting station when a
57	57	voter is being assisted by an election officer or by a person of the
58	58	voter's choice, and the watcher is entitled to examine the ballot
59	59	before it is deposited in the ballot box to determine whether it is
60	60	prepared in accordance with the voter's wishes.
61	61	(b) A watcher may not be present at the voting station when a
62	62	voter is preparing the voter's ballot [or is being assisted by a
63	63	person of the voter's choice].
64	64	SECTION 5. Section 61.014(d), Election Code, is amended to
65	65	read as follows:
66	66	(d) This section does not apply to:
67	67	(1) an election officer in conducting the officer's
68	68	official duties;
69	69	(2) the use of election equipment necessary for the
70	70	conduct of the election; [or]
71	71	(3) a person who is employed at the location in which a
72	72	polling place is located while the person is acting in the course of
73	73	the person's employment; or
74	74	(4) a poll watcher who, for the purpose of reporting an
75	75	irregularity or violation of law relating to the election, is
76	76	contacting the authority holding the election, the secretary of
77	77	state, the attorney general, or a law enforcement officer.
78	78	SECTION 6. Section 33.051(c), Election Code, is repealed.
79	79	SECTION 7. This Act takes effect September 1, 2015.