| 1 | 1 | | 87R6469 MLH-D |
|---|
| 2 | 2 | | By: Paul H.B. No. 1724 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to service as an election watcher. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 33.056(a), Election Code, is amended to |
|---|
| 10 | 10 | | read as follows: |
|---|
| 11 | 11 | | (a) Except as provided by Section 33.057, a watcher is |
|---|
| 12 | 12 | | entitled to observe any activity conducted at the location at which |
|---|
| 13 | 13 | | the watcher is serving. A watcher is entitled to sit or stand |
|---|
| 14 | 14 | | [conveniently] near enough to see and hear the election officers |
|---|
| 15 | 15 | | conducting the observed activity, except as otherwise prohibited by |
|---|
| 16 | 16 | | this chapter. |
|---|
| 17 | 17 | | SECTION 2. Section 33.058, Election Code, is amended to |
|---|
| 18 | 18 | | read as follows: |
|---|
| 19 | 19 | | Sec. 33.058. RESTRICTIONS ON WATCHER'S ACTIVITIES. (a) |
|---|
| 20 | 20 | | While on duty, a watcher may not: |
|---|
| 21 | 21 | | (1) converse with the presiding judge, the alternate |
|---|
| 22 | 22 | | judge, or an election clerk [officer] regarding the election, |
|---|
| 23 | 23 | | except to call attention to an irregularity or violation of law, |
|---|
| 24 | 24 | | including a procedural mistake that cannot be reversed; |
|---|
| 25 | 25 | | (2) converse with a voter; or |
|---|
| 26 | 26 | | (3) communicate in any manner with a voter regarding |
|---|
| 27 | 27 | | the election. |
|---|
| 28 | 28 | | (b) A watcher may call the attention of an election officer |
|---|
| 29 | 29 | | to any occurrence that the watcher believes to be an irregularity or |
|---|
| 30 | 30 | | violation of law, including a potentially irreversible procedural |
|---|
| 31 | 31 | | mistake, and may discuss the matter with the officer. An officer may |
|---|
| 32 | 32 | | refer the watcher to the presiding judge [officer] at any point in |
|---|
| 33 | 33 | | the discussion. In that case, the watcher may not discuss the |
|---|
| 34 | 34 | | occurrence further with the subordinate officer unless the |
|---|
| 35 | 35 | | presiding judge [officer] invites the discussion. |
|---|
| 36 | 36 | | (c) If an election clerk disagrees with a watcher concerning |
|---|
| 37 | 37 | | a matter discussed under Subsection (a)(1), the clerk may not |
|---|
| 38 | 38 | | proceed until the presiding judge provides clarifying instruction. |
|---|
| 39 | 39 | | If the presiding judge is unavailable, the alternate judge may |
|---|
| 40 | 40 | | provide clarifying instruction. |
|---|
| 41 | 41 | | SECTION 3. Section 33.061(a), Election Code, is amended to |
|---|
| 42 | 42 | | read as follows: |
|---|
| 43 | 43 | | (a) A person commits an offense if the person serves in an |
|---|
| 44 | 44 | | official capacity at a location at which the presence of watchers is |
|---|
| 45 | 45 | | authorized and knowingly prevents a watcher from seeing or hearing |
|---|
| 46 | 46 | | [observing] an activity the watcher is entitled to observe. |
|---|
| 47 | 47 | | SECTION 4. The changes in law made by this Act apply only to |
|---|
| 48 | 48 | | an offense committed on or after the effective date of this Act. An |
|---|
| 49 | 49 | | offense committed before the effective date of this Act is governed |
|---|
| 50 | 50 | | by the law in effect on the date the offense was committed, and the |
|---|
| 51 | 51 | | former law is continued in effect for that purpose. For purposes of |
|---|
| 52 | 52 | | this section, an offense was committed before the effective date of |
|---|
| 53 | 53 | | this Act if any element of the offense occurred before that date. |
|---|
| 54 | 54 | | SECTION 5. This Act takes effect September 1, 2021. |
|---|