| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to poll watchers; creating an offense. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 33.031(a), Election Code, is amended to |
|---|
| 9 | 9 | | read as follows: |
|---|
| 10 | 10 | | (a) To be eligible to serve as a watcher, a person must: |
|---|
| 11 | 11 | | (1) be a qualified voter: |
|---|
| 12 | 12 | | (A) [(1)] of the county in which the person is to |
|---|
| 13 | 13 | | serve, in an election ordered by the governor or a county authority |
|---|
| 14 | 14 | | or in a primary election; |
|---|
| 15 | 15 | | (B) [(2)] of the part of the county in which the |
|---|
| 16 | 16 | | election is held, in an election ordered by the governor or a county |
|---|
| 17 | 17 | | authority that does not cover the entire county of the person's |
|---|
| 18 | 18 | | residence; and |
|---|
| 19 | 19 | | (C) [(3)] of the political subdivision, in an |
|---|
| 20 | 20 | | election ordered by an authority of a political subdivision other |
|---|
| 21 | 21 | | than a county; and |
|---|
| 22 | 22 | | (2) present proof of identification that meets the |
|---|
| 23 | 23 | | requirements of Section 63.001(b) for accepting a voter to the |
|---|
| 24 | 24 | | election judge at the polling place where the watcher serves. |
|---|
| 25 | 25 | | SECTION 2. Section 33.051, Election Code, is amended by |
|---|
| 26 | 26 | | adding Subsection (g) to read as follows: |
|---|
| 27 | 27 | | (g) An election officer commits an offense if the officer |
|---|
| 28 | 28 | | intentionally or knowingly refuses to accept a watcher for service |
|---|
| 29 | 29 | | when acceptance of the watcher is required by this section. An |
|---|
| 30 | 30 | | offense under this section is a Class A misdemeanor. |
|---|
| 31 | 31 | | SECTION 3. Section 33.052, Election Code, is amended to |
|---|
| 32 | 32 | | read as follows: |
|---|
| 33 | 33 | | Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE. |
|---|
| 34 | 34 | | (a) A watcher at a precinct polling place may begin service at any |
|---|
| 35 | 35 | | time after the presiding judge arrives at the polling place on |
|---|
| 36 | 36 | | election day and may remain at the polling place until the presiding |
|---|
| 37 | 37 | | judge and the clerks complete their duties there. A watcher [that |
|---|
| 38 | 38 | | serves for more than five continuous hours] may serve at the polling |
|---|
| 39 | 39 | | place during the hours the watcher chooses, except that if the |
|---|
| 40 | 40 | | watcher is present at the polling place when ballots are counted, |
|---|
| 41 | 41 | | the watcher may not leave until the counting is complete. |
|---|
| 42 | 42 | | SECTION 4. Section 33.054, Election Code, is amended to |
|---|
| 43 | 43 | | read as follows: |
|---|
| 44 | 44 | | Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD |
|---|
| 45 | 45 | | MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A watcher |
|---|
| 46 | 46 | | serving at the meeting place of an early voting ballot board or |
|---|
| 47 | 47 | | signature verification committee may be present at any time the |
|---|
| 48 | 48 | | board or committee is processing or counting ballots and until the |
|---|
| 49 | 49 | | board or committee completes its duties. The watcher may serve |
|---|
| 50 | 50 | | during the hours the watcher chooses, except as provided by |
|---|
| 51 | 51 | | Subsection (b). |
|---|
| 52 | 52 | | (b) A watcher serving at the meeting place of an early |
|---|
| 53 | 53 | | voting ballot board may not leave during voting hours on election |
|---|
| 54 | 54 | | day without the presiding judge's permission if the board has |
|---|
| 55 | 55 | | recorded any votes cast on voting machines or counted any ballots, |
|---|
| 56 | 56 | | unless the board has completed its duties and has been dismissed by |
|---|
| 57 | 57 | | the presiding judge. |
|---|
| 58 | 58 | | SECTION 5. Section 33.056, Election Code, is amended by |
|---|
| 59 | 59 | | adding subchapter (e) to read as follows: |
|---|
| 60 | 60 | | (e) except as provided by Section 33.057(b), a watcher may |
|---|
| 61 | 61 | | not be denied free movement within the location at which the watcher |
|---|
| 62 | 62 | | is serving. |
|---|
| 63 | 63 | | SECTION 6. Section 33.060, Election Code is amended to read |
|---|
| 64 | 64 | | as follows: |
|---|
| 65 | 65 | | Sec. 33.060. OBSERVING DELIVERY OF ELECTION RECORDS. (a) |
|---|
| 66 | 66 | | On request of a watcher, an election officer who delivers election |
|---|
| 67 | 67 | | records from a precinct polling place, an early voting polling |
|---|
| 68 | 68 | | place, a meeting place for an early voting ballot board, or a |
|---|
| 69 | 69 | | central counting station shall permit the watcher appointed to |
|---|
| 70 | 70 | | serve at that location to accompany the officer in making the |
|---|
| 71 | 71 | | delivery. |
|---|
| 72 | 72 | | (b) A watcher appointed to serve at a polling place in an |
|---|
| 73 | 73 | | election may observe the sealing and transfer of a memory card, |
|---|
| 74 | 74 | | flash drive, hard drive, data storage device, or other medium now |
|---|
| 75 | 75 | | existing or later developed used by the voting system equipment. |
|---|
| 76 | 76 | | (c) [(b)] If delivery is made in a vehicle, an election |
|---|
| 77 | 77 | | officer complies with this section if the officer permits the |
|---|
| 78 | 78 | | watcher to follow in a different vehicle and drives in a manner that |
|---|
| 79 | 79 | | enables the watcher to keep the vehicle in sight. |
|---|
| 80 | 80 | | SECTION 7. This Act takes effect September 1, 2021. |
|---|