By: Jetton, et al. H.B. No. 4364
A BILL TO BE ENTITLED
AN ACT
relating to poll watchers; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.031(a), Election Code, is amended to
read as follows:
(a) To be eligible to serve as a watcher, a person must:
(1) be a qualified voter:
(A) [(1)] of the county in which the person is to
serve, in an election ordered by the governor or a county authority
or in a primary election;
(B) [(2)] of the part of the county in which the
election is held, in an election ordered by the governor or a county
authority that does not cover the entire county of the person's
residence; and
(C) [(3)] of the political subdivision, in an
election ordered by an authority of a political subdivision other
than a county; and
(2) present proof of identification that meets the
requirements of Section 63.001(b) for accepting a voter to the
election judge at the polling place where the watcher serves.
SECTION 2. Section 33.051, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) An election officer commits an offense if the officer
intentionally or knowingly refuses to accept a watcher for service
when acceptance of the watcher is required by this section. An
offense under this section is a Class A misdemeanor.
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.
SECTION 4. Section 33.054, Election Code, is amended to
read as follows:
Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A watcher
serving at the meeting place of an early voting ballot board or
signature verification committee may be present at any time the
board or committee is processing or counting ballots and until the
board or committee completes its duties. The watcher may serve
during the hours the watcher chooses, except as provided by
Subsection (b).
(b) A watcher serving at the meeting place of an early
voting ballot board may not leave during voting hours on election
day without the presiding judge's permission if the board has
recorded any votes cast on voting machines or counted any ballots,
unless the board has completed its duties and has been dismissed by
the presiding judge.
SECTION 5. Section 33.056, Election Code, is amended by
adding subchapter (e) to read as follows:
(e) except as provided by Section 33.057(b), a watcher may
not be denied free movement within the location at which the watcher
is serving.
SECTION 6. Section 33.060, Election Code is amended to read
as follows:
Sec. 33.060. OBSERVING DELIVERY OF ELECTION RECORDS. (a)
On request of a watcher, an election officer who delivers election
records from a precinct polling place, an early voting polling
place, a meeting place for an early voting ballot board, or a
central counting station shall permit the watcher appointed to
serve at that location to accompany the officer in making the
delivery.
(b) A watcher appointed to serve at a polling place in an
election may observe the sealing and transfer of a memory card,
flash drive, hard drive, data storage device, or other medium now
existing or later developed used by the voting system equipment.
(c) [(b)] If delivery is made in a vehicle, an election
officer complies with this section if the officer permits the
watcher to follow in a different vehicle and drives in a manner that
enables the watcher to keep the vehicle in sight.
SECTION 7. This Act takes effect September 1, 2021.