87R9716 MLH-D
By: Hall S.B. No. 1611
A BILL TO BE ENTITLED
AN ACT
relating to the right of the public to observe election activity;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.006(b), Election Code, is amended to
read as follows:
(b) A certificate of appointment must:
(1) be in writing and signed by the appointing
authority or, for an appointment for a write-in candidate under
Section 33.004, by each of the voters making the appointment;
(2) indicate the capacity in which the appointing
authority is acting;
(3) state the name, residence address, and voter
registration number of the appointee and be signed by the
appointee;
(4) identify the election and the precinct polling
place or other location at which the appointee is to serve; and
(5) in an election on a measure, identify the measure
if more than one is to be voted on and state which side of the
measure the appointee represents[; and
[(6) contain an affidavit executed by the appointee
stating that the appointee will not have possession of a device
capable of recording images or sound or that the appointee will
disable or deactivate the device while serving as a watcher].
SECTION 2. Section 33.031, Election Code, is amended to
read as follows:
Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. [(a)] To
be eligible to serve as a watcher, a person must be a qualified
voter [:
[(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;
[(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
[(3) of the political subdivision, in an election
ordered by an authority of a political subdivision other than a
county].
SECTION 3. Section 33.051(c), Election Code, is amended to
read as follows:
(c) [A watcher may not be accepted for service if the
watcher has possession of a device capable of recording images or
sound unless the watcher agrees to disable or deactivate the
device.] The presiding judge may inquire whether a watcher has
possession of a [any prohibited] recording device before accepting
the watcher for service.
SECTION 4. Section 33.056, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) Except as provided by Section 33.057, a watcher is
entitled to observe any activity conducted at the location at which
the watcher is serving. A watcher is entitled to sit or stand
[conveniently] near enough to see and hear the election officers
conducting the observed activity, except as otherwise prohibited by
this chapter.
(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 5. Section 33.061, Election Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) An offense under Subsection (a) includes an action taken
to distance or obstruct the view of a watcher in a way that makes
observation reasonably ineffective.
(d) A person who has committed an offense under this section
may also be:
(1) suspended or terminated;
(2) liable to the state for a civil penalty not to
exceed $4,000 for each violation; or
(3) any combination of these.
SECTION 6. Section 61.014, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) A person, other than a watcher using the device solely
to record image or sound as permitted under Subsection (b), may not
use a wireless communication device within 100 feet of a voting
station.
(b) A person, other than a watcher, may not use a [any]
mechanical or electronic device to record [means of recording]
images or sound that captures the activity [within 100 feet] of a
voter at a voting station, unless the voter is receiving assistance
the watcher reasonably believes to be unlawful.
(b-1) A recording made by a watcher under Subsection (b) may
not capture or record any information on a voter's ballot.
SECTION 7. Subchapter B, Chapter 64, Election Code, is
amended by adding Section 64.0322 to read as follows:
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
person, other than an election officer, who assists a voter in
accordance with this chapter is required to complete a form
stating:
(1) the name, telephone number, and address of the
person assisting the voter;
(2) the manner in which the person assisted the voter;
(3) the reason the assistance was necessary; and
(4) the relationship of the assistant to the voter.
(b) A person who submits a form under Subsection (a) shall
present an acceptable photo identification under Section 63.0101.
(c) The secretary of state shall prescribe the form required
by this section. The form must be incorporated into the official
carrier envelope if the voter is voting an early voting ballot by
mail and receives assistance under Section 86.010, or must be
submitted to an election officer at the time the voter casts a
ballot if the voter is voting at a polling place or under Section
64.009.
SECTION 8. Subchapter A, Chapter 65, Election Code, is
amended by adding Section 65.016 to read as follows:
Sec. 65.016. PUBLIC STREAMING OF ELECTION ACTIVITY. (a)
The county clerk shall provide cameras and other equipment to each
polling place, meeting place for an early voting ballot board, or
central counting station involved in the election, and shall
provide a live video stream on the county clerk's Internet website
of any election activity conducted at a polling place, meeting
place for an early voting ballot board, or central counting
station.
(b) The secretary of state shall adopt rules necessary for
the implementation of this section.
SECTION 9. Section 213.013(i), Election Code, is amended to
read as follows:
(i) On [No device capable of recording images or sound is
allowed inside the room in which the recount is conducted, or in any
hallway or corridor in the building in which the recount is
conducted within 30 feet of the entrance to the room, while the
recount is in progress unless the person entitled to be present at
the recount agrees to disable or deactivate the device. However,
on] request of a person entitled to appoint watchers to serve at the
recount, the recount committee chair shall permit the person to
photocopy under the chair's supervision any ballot, including any
supporting materials, challenged by the person or person's watcher.
The person must pay a reasonable charge for making the copies and,
if no photocopying equipment is available, may supply that
equipment at the person's expense. The person shall provide a copy
on request to another person entitled to appoint watchers to serve
at the recount.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.