Texas 2021 - 87th Regular

Texas Senate Bill SB1611 Compare Versions

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

Old	New	Differences
1	1	87R9716 MLH-D
2	2	By: Hall S.B. No. 1611
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of the public to observe election activity;
8	8	providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.006(b), Election Code, is amended to
11	11	read as follows:
12	12	(b) A certificate of appointment must:
13	13	(1) be in writing and signed by the appointing
14	14	authority or, for an appointment for a write-in candidate under
15	15	Section 33.004, by each of the voters making the appointment;
16	16	(2) indicate the capacity in which the appointing
17	17	authority is acting;
18	18	(3) state the name, residence address, and voter
19	19	registration number of the appointee and be signed by the
20	20	appointee;
21	21	(4) identify the election and the precinct polling
22	22	place or other location at which the appointee is to serve; and
23	23	(5) in an election on a measure, identify the measure
24	24	if more than one is to be voted on and state which side of the
25	25	measure the appointee represents[; and
26	26	[(6) contain an affidavit executed by the appointee
27	27	stating that the appointee will not have possession of a device
28	28	capable of recording images or sound or that the appointee will
29	29	disable or deactivate the device while serving as a watcher].
30	30	SECTION 2. Section 33.031, Election Code, is amended to
31	31	read as follows:
32	32	Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. [(a)] To
33	33	be eligible to serve as a watcher, a person must be a qualified
34	34	voter [:
35	35	[(1) of the county in which the person is to serve, in
36	36	an election ordered by the governor or a county authority or in a
37	37	primary election;
38	38	[(2) of the part of the county in which the election is
39	39	held, in an election ordered by the governor or a county authority
40	40	that does not cover the entire county of the person's residence; and
41	41	[(3) of the political subdivision, in an election
42	42	ordered by an authority of a political subdivision other than a
43	43	county].
44	44	SECTION 3. Section 33.051(c), Election Code, is amended to
45	45	read as follows:
46	46	(c) [A watcher may not be accepted for service if the
47	47	watcher has possession of a device capable of recording images or
48	48	sound unless the watcher agrees to disable or deactivate the
49	49	device.] The presiding judge may inquire whether a watcher has
50	50	possession of a [any prohibited] recording device before accepting
51	51	the watcher for service.
52	52	SECTION 4. Section 33.056, Election Code, is amended by
53	53	amending Subsection (a) and adding Subsection (e) to read as
54	54	follows:
55	55	(a) Except as provided by Section 33.057, a watcher is
56	56	entitled to observe any activity conducted at the location at which
57	57	the watcher is serving. A watcher is entitled to sit or stand
58	58	[conveniently] near enough to see and hear the election officers
59	59	conducting the observed activity, except as otherwise prohibited by
60	60	this chapter.
61	61	(e) Except as provided by Section 33.057(b), a watcher may
62	62	not be denied free movement within the location at which the watcher
63	63	is serving.
64	64	SECTION 5. Section 33.061, Election Code, is amended by
65	65	adding Subsections (c) and (d) to read as follows:
66	66	(c) An offense under Subsection (a) includes an action taken
67	67	to distance or obstruct the view of a watcher in a way that makes
68	68	observation reasonably ineffective.
69	69	(d) A person who has committed an offense under this section
70	70	may also be:
71	71	(1) suspended or terminated;
72	72	(2) liable to the state for a civil penalty not to
73	73	exceed $4,000 for each violation; or
74	74	(3) any combination of these.
75	75	SECTION 6. Section 61.014, Election Code, is amended by
76	76	amending Subsections (a) and (b) and adding Subsection (b-1) to
77	77	read as follows:
78	78	(a) A person, other than a watcher using the device solely
79	79	to record image or sound as permitted under Subsection (b), may not
80	80	use a wireless communication device within 100 feet of a voting
81	81	station.
82	82	(b) A person, other than a watcher, may not use a [any]
83	83	mechanical or electronic device to record [means of recording]
84	84	images or sound that captures the activity [within 100 feet] of a
85	85	voter at a voting station, unless the voter is receiving assistance
86	86	the watcher reasonably believes to be unlawful.
87	87	(b-1) A recording made by a watcher under Subsection (b) may
88	88	not capture or record any information on a voter's ballot.
89	89	SECTION 7. Subchapter B, Chapter 64, Election Code, is
90	90	amended by adding Section 64.0322 to read as follows:
91	91	Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
92	92	person, other than an election officer, who assists a voter in
93	93	accordance with this chapter is required to complete a form
94	94	stating:
95	95	(1) the name, telephone number, and address of the
96	96	person assisting the voter;
97	97	(2) the manner in which the person assisted the voter;
98	98	(3) the reason the assistance was necessary; and
99	99	(4) the relationship of the assistant to the voter.
100	100	(b) A person who submits a form under Subsection (a) shall
101	101	present an acceptable photo identification under Section 63.0101.
102	102	(c) The secretary of state shall prescribe the form required
103	103	by this section. The form must be incorporated into the official
104	104	carrier envelope if the voter is voting an early voting ballot by
105	105	mail and receives assistance under Section 86.010, or must be
106	106	submitted to an election officer at the time the voter casts a
107	107	ballot if the voter is voting at a polling place or under Section
108	108	64.009.
109	109	SECTION 8. Subchapter A, Chapter 65, Election Code, is
110	110	amended by adding Section 65.016 to read as follows:
111	111	Sec. 65.016. PUBLIC STREAMING OF ELECTION ACTIVITY. (a)
112	112	The county clerk shall provide cameras and other equipment to each
113	113	polling place, meeting place for an early voting ballot board, or
114	114	central counting station involved in the election, and shall
115	115	provide a live video stream on the county clerk's Internet website
116	116	of any election activity conducted at a polling place, meeting
117	117	place for an early voting ballot board, or central counting
118	118	station.
119	119	(b) The secretary of state shall adopt rules necessary for
120	120	the implementation of this section.
121	121	SECTION 9. Section 213.013(i), Election Code, is amended to
122	122	read as follows:
123	123	(i) On [No device capable of recording images or sound is
124	124	allowed inside the room in which the recount is conducted, or in any
125	125	hallway or corridor in the building in which the recount is
126	126	conducted within 30 feet of the entrance to the room, while the
127	127	recount is in progress unless the person entitled to be present at
128	128	the recount agrees to disable or deactivate the device. However,
129	129	on] request of a person entitled to appoint watchers to serve at the
130	130	recount, the recount committee chair shall permit the person to
131	131	photocopy under the chair's supervision any ballot, including any
132	132	supporting materials, challenged by the person or person's watcher.
133	133	The person must pay a reasonable charge for making the copies and,
134	134	if no photocopying equipment is available, may supply that
135	135	equipment at the person's expense. The person shall provide a copy
136	136	on request to another person entitled to appoint watchers to serve
137	137	at the recount.
138	138	SECTION 10. This Act takes effect immediately if it
139	139	receives a vote of two-thirds of all the members elected to each
140	140	house, as provided by Section 39, Article III, Texas Constitution.
141	141	If this Act does not receive the vote necessary for immediate
142	142	effect, this Act takes effect September 1, 2021.