Texas 2021 - 87th Regular

Texas Senate Bill SB1591 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9538 MLH-D
2	2	By: Bettencourt S.B. No. 1591
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to election watchers; increasing a criminal penalty.
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 33.007, Election Code, is amended by
30	30	amending Subsection (a) and adding Subsection (e) to read as
31	31	follows:
32	32	(a) Each appointing authority may appoint not more than two
33	33	watchers for each precinct polling place, meeting place for an
34	34	early voting ballot board, meeting place for a signature
35	35	verification committee, elections administrator's office, or
36	36	central counting station involved in the election.
37	37	(e) For the purpose of appointing watchers, "early voting
38	38	polling place" and "polling place" include a location for in-person
39	39	delivery of a ballot to be voted by mail under Section 86.006(a-1).
40	40	SECTION 3. Section 33.051(c), Election Code, is amended to
41	41	read as follows:
42	42	(c) [A watcher may not be accepted for service if the
43	43	watcher has possession of a device capable of recording images or
44	44	sound unless the watcher agrees to disable or deactivate the
45	45	device.] The presiding judge may inquire whether a watcher has
46	46	possession of a [any prohibited] recording device before accepting
47	47	the watcher for service.
48	48	SECTION 4. Section 33.054(a), Election Code, is amended to
49	49	read as follows:
50	50	(a) A watcher serving at the meeting place of an early
51	51	voting ballot board may be present at any time the board, or a
52	52	person working on behalf of the board, is processing or counting
53	53	ballots and until the board completes its duties. The watcher may
54	54	serve during the hours the watcher chooses, except as provided by
55	55	Subsection (b).
56	56	SECTION 5. Subchapter C, Chapter 33, Election Code, is
57	57	amended by adding Sections 33.0541 and 33.0551 to read as follows:
58	58	Sec. 33.0541. HOURS OF SERVICE AT SIGNATURE VERIFICATION
59	59	COMMITTEE MEETING. A watcher serving at the meeting place of a
60	60	signature verification committee may be present at any time the
61	61	committee is processing ballots and until the committee completes
62	62	its duties. The watcher may serve during the hours the watcher
63	63	chooses.
64	64	Sec. 33.0551. HOURS OF SERVICE AT ELECTIONS ADMINISTRATOR'S
65	65	OFFICE. A watcher serving at an elections administrator's office
66	66	may be present only when the office is used for the purpose of
67	67	processing or handling ballots. The watcher may serve during the
68	68	hours the watcher chooses.
69	69	SECTION 6. Section 33.056, Election Code, is amended by
70	70	adding Subsections (a-1) and (e) and amending Subsection (d) to
71	71	read as follows:
72	72	(a-1) A watcher is entitled to sit or stand near enough to
73	73	the member of an early voting ballot board or a signature
74	74	verification committee who is performing a comparison under Section
75	75	87.041(b)(2) or 87.027(i) to verify that the signature on the
76	76	carrier envelope certificate is that of the voter.
77	77	(d) A watcher may not be prohibited from making written
78	78	notes while on duty, including the name and contact information of a
79	79	voter whose voting process may have involved a violation of
80	80	election law. Before permitting a watcher who made written notes at
81	81	a precinct polling place to leave while the polls are open, the
82	82	presiding officer may require the watcher to leave the notes with
83	83	another person on duty at the polling place, selected by the
84	84	watcher, for retention until the watcher returns to duty.
85	85	(e) If election activity begins at the location where a
86	86	watcher is serving and moves to another location, the watcher may
87	87	follow or accompany the election activity in a reasonable manner.
88	88	SECTION 7. Section 33.061, Election Code, is amended by
89	89	amending Subsection (b) and adding Subsections (c), (d), (e), and
90	90	(f) to read as follows:
91	91	(b) An offense under this section is a state jail felony
92	92	[Class A misdemeanor].
93	93	(c) A peace officer or special peace officer appointed under
94	94	Section 32.075 shall ensure that a watcher who is the victim of an
95	95	offense under this section is given access to perform the watcher's
96	96	duties under this chapter.
97	97	(d) With the consent of the appropriate local county or
98	98	district attorney, the attorney general has concurrent
99	99	jurisdiction with that consenting local prosecutor to prosecute an
100	100	offense under this section.
101	101	(e) An offense under Subsection (a) includes an action taken
102	102	to distance or obstruct the view of a watcher in a way that makes
103	103	observation reasonably ineffective.
104	104	(f) Enforcement of social distancing recommendations is not
105	105	a defense to an offense under this section.
106	106	SECTION 8. Subchapter B, Chapter 43, Election Code, is
107	107	amended by adding Section 43.0321 to read as follows:
108	108	Sec. 43.0321. POLLING PLACES WITH MULTIPLE ROOMS. (a) The
109	109	county clerk and commissioners court shall make a reasonable effort
110	110	to ensure that a building in use as a polling place has all election
111	111	activity conducted in a single room.
112	112	(b) A polling place where election activity is conducted in
113	113	more than one room is considered to be two separate polling places
114	114	for purposes of Section 33.007.
115	115	SECTION 9. Section 61.014, Election Code, is amended by
116	116	amending Subsections (a) and (b) and adding Subsection (b-1) to
117	117	read as follows:
118	118	(a) A person, other than a watcher using the device solely
119	119	to record images or sound as permitted under Subsection (b), may not
120	120	use a wireless communication device within 100 feet of a voting
121	121	station.
122	122	(b) A person, other than a watcher who reasonably believes a
123	123	voter is receiving unlawful assistance, may not use a [any]
124	124	mechanical or electronic device to record [means of recording]
125	125	images or sound that captures the activity [within 100 feet] of a
126	126	voter at a voting station.
127	127	(b-1) A recording made by a watcher under Subsection (b) may
128	128	not capture or record any information on a voter's ballot.
129	129	SECTION 10. Section 64.009, Election Code, is amended by
130	130	adding Subsections (e) and (f) to read as follows:
131	131	(e) If voting under this section occurs in a vehicle with
132	132	opaque windows, a watcher may request that the windows be opened to
133	133	allow the watcher to observe voting.
134	134	(f) If voting under this section occurs for more than one
135	135	voter in the same vehicle and that vehicle can accommodate more than
136	136	five passengers, a watcher may enter the vehicle to observe voting.
137	137	SECTION 11. Section 86.006, Election Code, is amended by
138	138	adding Subsection (a-2) to read as follows:
139	139	(a-2) A county may not have more than one location for
140	140	in-person delivery of a marked ballot under this section.
141	141	SECTION 12. Section 213.013(i), Election Code, is amended
142	142	to read as follows:
143	143	(i) On [No device capable of recording images or sound is
144	144	allowed inside the room in which the recount is conducted, or in any
145	145	hallway or corridor in the building in which the recount is
146	146	conducted within 30 feet of the entrance to the room, while the
147	147	recount is in progress unless the person entitled to be present at
148	148	the recount agrees to disable or deactivate the device. However,
149	149	on] request of a person entitled to appoint watchers to serve at the
150	150	recount, the recount committee chair shall permit the person to
151	151	photocopy under the chair's supervision any ballot, including any
152	152	supporting materials, challenged by the person or person's watcher.
153	153	The person must pay a reasonable charge for making the copies and,
154	154	if no photocopying equipment is available, may supply that
155	155	equipment at the person's expense. The person shall provide a copy
156	156	on request to another person entitled to appoint watchers to serve
157	157	at the recount.
158	158	SECTION 13. The change in law made by this Act applies only
159	159	to an offense committed under Section 33.061, Election Code, on or
160	160	after the effective date of this Act. An offense committed before
161	161	the effective date of this Act is governed by the law in effect on
162	162	the date the offense was committed, and the former law is continued
163	163	in effect for that purpose. For purposes of this section, an
164	164	offense was committed before the effective date of this Act if any
165	165	element of the offense was committed before that date.
166	166	SECTION 14. This Act takes effect September 1, 2021.