BILL ANALYSIS Senate Research Center S.B. 2309 By: Hughes State Affairs 3/26/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In some instances, there has been confusion as to the role and responsibilities of poll watchers and their access to certain parts of the election process. S.B. 2309 seeks to clarify the role of watchers and camera systems to increase transparency. Bill Summary: Watcher Oversight (SECTION 1.02, Amending Chapter 33) Clarifies that poll watchers appointed to a polling place can observe all activities related to opening in addition to closing the polling place. Further clarifies that they can observe the starting up and closing of voting system equipment, printing tapes, and inspect ballot box. Watchers are entitled to follow the transfer and delivery of election materials (including ballot boxes) from the polling place to the next location where they will be processed or stored. Video Surveillance of Voted Ballots (SECTION 1.03, Amending Section 127.1232) Clarifies when voted ballots must be under video surveillance. Violating this section is a Class A misdemeanor for the first offense, escalating to a third-degree felony for subsequent offenses. Candidate and Watcher Access to Partial Counts (SECTION 1.04, Amending Section 127.201) Clarifies the partial manual count tasks that can be observed by candidates and poll watchers. They can observe retrieving ballot boxes, opening seals, sorting/counting ballots, and resealing boxes. As proposed, S.B. 2309 amends current law relating to election integrity and security of ballot boxes, including by preventing fraud in the conduct of elections in this state and authorizes a penalty. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS ARTICLE 1. GENERAL PROVISIONS SECTION 1.01. SHORT TITLE. Provides that this Act may be cited as the Ballot Box Election Security, Transparency, and Accountability Act. SECTION 1.02. Amends Chapter 33, Texas Election Code, as follows: Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER. (a) Authorizes a watcher appointed to serve at a polling place in an election who is available at the time of the action to observe all election activities relating to the opening and closing of the polling place, including starting up and closing voting system equipment, printing of all types of voting system tapes, and inspecting of ballot boxes, among other activities. (b) Provides that, notwithstanding any other provision of Texas Election Code, a watcher duly accepted for service at a polling location is entitled to follow the transfer and delivery of election materials, including ballot boxes, from the polling place at which the watcher was accepted to a regional tabulating center, the central counting station, the main early voting site, the early voting clerk's office, a secured storage location, or any other location designated to receive, store, and process election materials. Requires the authority responsible for administering a regional tabulating center or another location where election materials are delivered, processed, and stored to accept duly appointed watchers for service in the same manner a watcher is accepted for service under Section 33.051 (Acceptance of Watcher) and to accept the same number of watchers that are authorized to serve under Section 33.007(a) (relating to authorizing each appointing authority to appoint not more than two watchers for certain locations). SECTION 1.03. Amends Chapter 127, Section 127.1232, Election Code, as follows: Sec. 127.1232. SECURITY OF VOTED BALLOTS. (b) Requires the general custodian of election records in a county with a population of 100,000 or more to implement a video surveillance system that retains a record of all areas containing voted ballots, including but not limited to all doorways, halls, and offices from the time the voted ballots during early voting and on election day are delivered to the early voting ballot board, the early voting clerk, regional tabulating center, and the central counting station, or any other location designated for delivery, until the final canvass of precinct election returns and from the time the absentee voted ballots are delivered to the elections office, signature verification committee or early voting ballot board until the final canvass of precinct election returns. (c) Requires that a video from a system implemented under Subsection (b) be made available to the public by a livestream and include a large analog clock visible in each area under surveillance. (e) Provides that a person that violates this section commits an offense. Provides that an offense under this section is a Class A misdemeanor for the first offense. Provides that multiple offenses thereafter are felonies of the third degree. SECTION 1.04. Amends Chapter 127, Section 127.201, Texas Election Code, as follows: Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN. (d) Provides that each candidate in the election is entitled to be present for certain ballot-handling procedures, rather than present at the count. Provides that each candidate, and treasurer of a specific-purpose political action committee that was involved in the election is entitled to have a watcher and representative present to monitor all activities associated with the partial count. Makes a nonsubstantive change. SECTION 1. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2309
By: Hughes
State Affairs
3/26/2025
As Filed
Senate Research Center
S.B. 2309
By: Hughes
State Affairs
3/26/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In some instances, there has been confusion as to the role and responsibilities of poll watchers and their access to certain parts of the election process. S.B. 2309 seeks to clarify the role of watchers and camera systems to increase transparency.
Bill Summary:
Clarifies that poll watchers appointed to a polling place can observe all activities related to opening in addition to closing the polling place. Further clarifies that they can observe the starting up and closing of voting system equipment, printing tapes, and inspect ballot box.
Watchers are entitled to follow the transfer and delivery of election materials (including ballot boxes) from the polling place to the next location where they will be processed or stored.
Clarifies when voted ballots must be under video surveillance.
Violating this section is a Class A misdemeanor for the first offense, escalating to a third-degree felony for subsequent offenses.
Clarifies the partial manual count tasks that can be observed by candidates and poll watchers. They can observe retrieving ballot boxes, opening seals, sorting/counting ballots, and resealing boxes.
As proposed, S.B. 2309 amends current law relating to election integrity and security of ballot boxes, including by preventing fraud in the conduct of elections in this state and authorizes a penalty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.01. SHORT TITLE. Provides that this Act may be cited as the Ballot Box Election Security, Transparency, and Accountability Act.
SECTION 1.02. Amends Chapter 33, Texas Election Code, as follows:
Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER. (a) Authorizes a watcher appointed to serve at a polling place in an election who is available at the time of the action to observe all election activities relating to the opening and closing of the polling place, including starting up and closing voting system equipment, printing of all types of voting system tapes, and inspecting of ballot boxes, among other activities.
(b) Provides that, notwithstanding any other provision of Texas Election Code, a watcher duly accepted for service at a polling location is entitled to follow the transfer and delivery of election materials, including ballot boxes, from the polling place at which the watcher was accepted to a regional tabulating center, the central counting station, the main early voting site, the early voting clerk's office, a secured storage location, or any other location designated to receive, store, and process election materials. Requires the authority responsible for administering a regional tabulating center or another location where election materials are delivered, processed, and stored to accept duly appointed watchers for service in the same manner a watcher is accepted for service under Section 33.051 (Acceptance of Watcher) and to accept the same number of watchers that are authorized to serve under Section 33.007(a) (relating to authorizing each appointing authority to appoint not more than two watchers for certain locations).
SECTION 1.03. Amends Chapter 127, Section 127.1232, Election Code, as follows:
Sec. 127.1232. SECURITY OF VOTED BALLOTS. (b) Requires the general custodian of election records in a county with a population of 100,000 or more to implement a video surveillance system that retains a record of all areas containing voted ballots, including but not limited to all doorways, halls, and offices from the time the voted ballots during early voting and on election day are delivered to the early voting ballot board, the early voting clerk, regional tabulating center, and the central counting station, or any other location designated for delivery, until the final canvass of precinct election returns and from the time the absentee voted ballots are delivered to the elections office, signature verification committee or early voting ballot board until the final canvass of precinct election returns.
(c) Requires that a video from a system implemented under Subsection (b) be made available to the public by a livestream and include a large analog clock visible in each area under surveillance.
(e) Provides that a person that violates this section commits an offense. Provides that an offense under this section is a Class A misdemeanor for the first offense. Provides that multiple offenses thereafter are felonies of the third degree.
SECTION 1.04. Amends Chapter 127, Section 127.201, Texas Election Code, as follows:
Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN. (d) Provides that each candidate in the election is entitled to be present for certain ballot-handling procedures, rather than present at the count. Provides that each candidate, and treasurer of a specific-purpose political action committee that was involved in the election is entitled to have a watcher and representative present to monitor all activities associated with the partial count. Makes a nonsubstantive change.
SECTION 1. Effective date: September 1, 2025.