| 1 | 1 | | 87R4503 MLH-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 889 |
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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 nonpartisan election watchers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 33.001, Election Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 33.001. WATCHER DEFINED. In this code, "watcher" |
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| 12 | 12 | | means a person appointed under this subchapter to observe the |
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| 13 | 13 | | conduct of an election on behalf of a candidate, a political party, |
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| 14 | 14 | | a nonpartisan election observation organization, or the proponents |
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| 15 | 15 | | or opponents of a measure. |
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| 16 | 16 | | SECTION 2. Section 33.007(d), Election Code, is amended to |
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| 17 | 17 | | read as follows: |
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| 18 | 18 | | (d) The number of watchers accepted for service on each side |
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| 19 | 19 | | of a measure may not exceed the number authorized by this section. |
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| 20 | 20 | | If the number of appointments exceeds the authorized number, the |
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| 21 | 21 | | authority accepting the watchers for service shall accept the |
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| 22 | 22 | | watchers in the order in which they present their certificates of |
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| 23 | 23 | | appointment. A watcher appointed under Section 33.008 is not |
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| 24 | 24 | | subject to the limitation of this subsection. |
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| 25 | 25 | | SECTION 3. Subchapter A, Chapter 33, Election Code, is |
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| 26 | 26 | | amended by adding Section 33.008 to read as follows: |
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| 27 | 27 | | Sec. 33.008. APPOINTMENT BY NONPARTISAN ORGANIZATION. (a) |
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| 28 | 28 | | A nonpartisan election observation organization that has been |
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| 29 | 29 | | certified by the secretary of state in accordance with this section |
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| 30 | 30 | | may appoint watchers. |
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| 31 | 31 | | (b) The secretary of state shall certify qualifying |
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| 32 | 32 | | nonpartisan election observation organizations within this state. |
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| 33 | 33 | | The secretary of state shall adopt rules establishing criteria to |
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| 34 | 34 | | determine whether an organization may be certified. The rules must |
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| 35 | 35 | | require the organization and its appointed nonpartisan watchers to: |
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| 36 | 36 | | (1) be impartial in substance and process; |
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| 37 | 37 | | (2) cooperate with election officers; |
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| 38 | 38 | | (3) be diligent in not obstructing the process; |
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| 39 | 39 | | (4) be independent from the government, in the |
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| 40 | 40 | | interest of promoting the right to vote; |
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| 41 | 41 | | (5) be transparent and accountable with regard to |
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| 42 | 42 | | funding, including refusal to accept funding from any source or |
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| 43 | 43 | | under any condition that may create a conflict of interest; and |
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| 44 | 44 | | (6) be vigilant in identifying and addressing |
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| 45 | 45 | | potential and actual conflicts of interest. |
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| 46 | 46 | | (c) A watcher appointed under this section is not entitled |
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| 47 | 47 | | to: |
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| 48 | 48 | | (1) sign the seal of a ballot box under Section |
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| 49 | 49 | | 127.066; or |
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| 50 | 50 | | (2) sign the seal of a test material container under |
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| 51 | 51 | | Section 127.099. |
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| 52 | 52 | | SECTION 4. Section 33.031, Election Code, is amended to |
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| 53 | 53 | | read as follows: |
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| 54 | 54 | | Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except |
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| 55 | 55 | | as provided by Subsection (b), to [To] be eligible to serve as |
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| 56 | 56 | | a watcher, a person must be a qualified voter: |
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| 57 | 57 | | (1) of the county in which the person is to serve, in |
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| 58 | 58 | | an election ordered by the governor or a county authority or in a |
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| 59 | 59 | | primary election; |
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| 60 | 60 | | (2) of the part of the county in which the election is |
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| 61 | 61 | | held, in an election ordered by the governor or a county authority |
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| 62 | 62 | | that does not cover the entire county of the person's residence; and |
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| 63 | 63 | | (3) of the political subdivision, in an election |
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| 64 | 64 | | ordered by an authority of a political subdivision other than a |
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| 65 | 65 | | county. |
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| 66 | 66 | | (b) A person appointed as a watcher under Section 33.008 is |
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| 67 | 67 | | not subject to the requirements of Subsection (a) and is eligible to |
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| 68 | 68 | | serve as a watcher if the person: |
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| 69 | 69 | | (1) is a registered voter in this state; and |
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| 70 | 70 | | (2) understands and agrees to comply with the |
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| 71 | 71 | | principles and practices set forth in the Declaration of Global |
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| 72 | 72 | | Principles for Nonpartisan Election Observation and Monitoring by |
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| 73 | 73 | | Citizen Organizations and Code of Conduct for Nonpartisan Citizen |
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| 74 | 74 | | Election Observers and Monitors, as commemorated by the United |
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| 75 | 75 | | Nations on April 3, 2012. |
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| 76 | 76 | | SECTION 5. Section 213.013, Election Code, is amended by |
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| 77 | 77 | | adding Subsection (d-1) to read as follows: |
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| 78 | 78 | | (d-1) In any recount, a watcher appointed under Section |
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| 79 | 79 | | 33.008 may be present. |
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| 80 | 80 | | SECTION 6. This Act takes effect September 1, 2021. |
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