| 1 | 1 | | 87R5452 ADM-D |
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| 2 | 2 | | By: Kolkhorst S.B. No. 605 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to persons permitted to be in a polling place or a place |
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| 8 | 8 | | where ballots are being counted. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 61.001, Election Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Except as permitted by this code and as described by |
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| 14 | 14 | | Subsection (a-1), a person may not be in the polling place from the |
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| 15 | 15 | | time the presiding judge arrives there on election day to make the |
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| 16 | 16 | | preliminary arrangements until the precinct returns have been |
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| 17 | 17 | | certified and the election records have been assembled for |
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| 18 | 18 | | distribution following the election. |
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| 19 | 19 | | (a-1) Under this code, a person may be lawfully present in a |
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| 20 | 20 | | polling place during the time described by Subsection (a) if the |
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| 21 | 21 | | person is: |
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| 22 | 22 | | (1) an election judge or clerk; |
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| 23 | 23 | | (2) a watcher; |
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| 24 | 24 | | (3) a state or federal inspector; |
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| 25 | 25 | | (4) a person admitted to vote; |
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| 26 | 26 | | (5) a child under 18 years of age who is accompanying a |
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| 27 | 27 | | parent who has been admitted to vote; |
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| 28 | 28 | | (6) a person providing assistance to a voter under |
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| 29 | 29 | | Section 61.032 or 64.032; |
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| 30 | 30 | | (7) a special peace officer appointed by the presiding |
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| 31 | 31 | | judge under Section 32.075; |
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| 32 | 32 | | (8) the county chair of a political party conducting a |
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| 33 | 33 | | primary election, as authorized by Section 172.1113; |
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| 34 | 34 | | (9) a voting system technician, as authorized by |
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| 35 | 35 | | Section 125.010; or |
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| 36 | 36 | | (10) a person whose presence has been authorized by |
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| 37 | 37 | | the presiding judge in accordance with this code. |
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| 38 | 38 | | SECTION 2. Section 87.026, Election Code, is amended to |
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| 39 | 39 | | read as follows: |
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| 40 | 40 | | Sec. 87.026. BYSTANDERS EXCLUDED. (a) Except as permitted |
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| 41 | 41 | | by this code and as described by Subsection (b), a person may not be |
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| 42 | 42 | | in the meeting place of an early voting ballot board during the time |
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| 43 | 43 | | of the board's operations. |
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| 44 | 44 | | (b) Under this code, a person may be lawfully present in the |
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| 45 | 45 | | meeting place of an early voting ballot board during the time of the |
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| 46 | 46 | | board's operations if the person is: |
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| 47 | 47 | | (1) a presiding judge or member of the board; |
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| 48 | 48 | | (2) a watcher; |
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| 49 | 49 | | (3) a voting system technician, as authorized by |
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| 50 | 50 | | Section 125.010; or |
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| 51 | 51 | | (4) a person whose presence has been authorized by the |
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| 52 | 52 | | presiding judge in accordance with this code. |
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| 53 | 53 | | SECTION 3. Subchapter A, Chapter 127, Election Code, is |
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| 54 | 54 | | amended by adding Section 127.008 to read as follows: |
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| 55 | 55 | | Sec. 127.008. BYSTANDERS EXCLUDED. (a) Except as permitted |
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| 56 | 56 | | by this code and as described by Subsection (b), a person may not be |
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| 57 | 57 | | in a central counting station while ballots are being counted. |
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| 58 | 58 | | (b) Under this code, a person may be lawfully present in the |
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| 59 | 59 | | central counting station while ballots are being counted if the |
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| 60 | 60 | | person is: |
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| 61 | 61 | | (1) a counting station manager, tabulation |
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| 62 | 62 | | supervisor, assistant to the tabulation supervisor, presiding |
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| 63 | 63 | | judge, or clerk; |
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| 64 | 64 | | (2) a watcher; |
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| 65 | 65 | | (3) a voting system technician, as authorized by |
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| 66 | 66 | | Section 125.010; or |
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| 67 | 67 | | (4) a person whose presence has been authorized by the |
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| 68 | 68 | | counting station manager in accordance with this code. |
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| 69 | 69 | | SECTION 4. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2021. |
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