87R4503 MLH-D
By: Eckhardt S.B. No. 889
A BILL TO BE ENTITLED
AN ACT
relating to nonpartisan election watchers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.001, Election Code, is amended to
read as follows:
Sec. 33.001. WATCHER DEFINED. In this code, "watcher"
means a person appointed under this subchapter to observe the
conduct of an election on behalf of a candidate, a political party,
a nonpartisan election observation organization, or the proponents
or opponents of a measure.
SECTION 2. Section 33.007(d), Election Code, is amended to
read as follows:
(d) The number of watchers accepted for service on each side
of a measure may not exceed the number authorized by this section.
If the number of appointments exceeds the authorized number, the
authority accepting the watchers for service shall accept the
watchers in the order in which they present their certificates of
appointment. A watcher appointed under Section 33.008 is not
subject to the limitation of this subsection.
SECTION 3. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.008 to read as follows:
Sec. 33.008. APPOINTMENT BY NONPARTISAN ORGANIZATION. (a)
A nonpartisan election observation organization that has been
certified by the secretary of state in accordance with this section
may appoint watchers.
(b) The secretary of state shall certify qualifying
nonpartisan election observation organizations within this state.
The secretary of state shall adopt rules establishing criteria to
determine whether an organization may be certified. The rules must
require the organization and its appointed nonpartisan watchers to:
(1) be impartial in substance and process;
(2) cooperate with election officers;
(3) be diligent in not obstructing the process;
(4) be independent from the government, in the
interest of promoting the right to vote;
(5) be transparent and accountable with regard to
funding, including refusal to accept funding from any source or
under any condition that may create a conflict of interest; and
(6) be vigilant in identifying and addressing
potential and actual conflicts of interest.
(c) A watcher appointed under this section is not entitled
to:
(1) sign the seal of a ballot box under Section
127.066; or
(2) sign the seal of a test material container under
Section 127.099.
SECTION 4. Section 33.031, Election Code, is amended to
read as follows:
Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except
as provided by Subsection (b), to [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.
(b) A person appointed as a watcher under Section 33.008 is
not subject to the requirements of Subsection (a) and is eligible to
serve as a watcher if the person:
(1) is a registered voter in this state; and
(2) understands and agrees to comply with the
principles and practices set forth in the Declaration of Global
Principles for Nonpartisan Election Observation and Monitoring by
Citizen Organizations and Code of Conduct for Nonpartisan Citizen
Election Observers and Monitors, as commemorated by the United
Nations on April 3, 2012.
SECTION 5. Section 213.013, Election Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) In any recount, a watcher appointed under Section
33.008 may be present.
SECTION 6. This Act takes effect September 1, 2021.