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A BILL TO BE ENTITLED
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AN ACT
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relating to nonpartisan election watchers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.001, Election Code, is amended to |
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read as follows: |
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Sec. 33.001. WATCHER DEFINED. In this code, "watcher" |
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means a person appointed under this subchapter to observe the |
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conduct of an election on behalf of a candidate, a political party, |
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a nonpartisan election observation organization, or the proponents |
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or opponents of a measure. |
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SECTION 2. Section 33.007(d), Election Code, is amended to |
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read as follows: |
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(d) The number of watchers accepted for service on each side |
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of a measure may not exceed the number authorized by this section. |
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If the number of appointments exceeds the authorized number, the |
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authority accepting the watchers for service shall accept the |
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watchers in the order in which they present their certificates of |
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appointment. A watcher appointed under Section 33.008 is not |
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subject to the limitation of this subsection. |
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SECTION 3. Subchapter A, Chapter 33, Election Code, is |
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amended by adding Section 33.008 to read as follows: |
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Sec. 33.008. APPOINTMENT BY NONPARTISAN ORGANIZATION. (a) |
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A nonpartisan election observation organization that has been |
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certified by the secretary of state in accordance with this section |
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may appoint watchers. |
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(b) The secretary of state shall certify qualifying |
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nonpartisan election observation organizations within this state. |
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The secretary of state shall adopt rules establishing criteria to |
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determine whether an organization may be certified. The rules must |
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require the organization and its appointed nonpartisan watchers to: |
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(1) be impartial in substance and process; |
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(2) cooperate with election officers; |
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(3) be diligent in not obstructing the process; |
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(4) be independent from the government, in the |
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interest of promoting the right to vote; |
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(5) be transparent and accountable with regard to |
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funding, including refusal to accept funding from any source or |
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under any condition that may create a conflict of interest; and |
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(6) be vigilant in identifying and addressing |
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potential and actual conflicts of interest. |
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(c) A watcher appointed under this section is not entitled |
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to: |
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(1) sign the seal of a ballot box under Section |
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127.066; or |
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(2) sign the seal of a test material container under |
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Section 127.099. |
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SECTION 4. Section 33.031, Election Code, is amended to |
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read as follows: |
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Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except |
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as provided by Subsection (b), to [To] be eligible to serve as |
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a watcher, a person must be a qualified voter: |
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(1) of the county in which the person is to serve, in |
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an election ordered by the governor or a county authority or in a |
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primary election; |
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(2) of the part of the county in which the election is |
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held, in an election ordered by the governor or a county authority |
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that does not cover the entire county of the person's residence; and |
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(3) of the political subdivision, in an election |
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ordered by an authority of a political subdivision other than a |
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county. |
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(b) A person appointed as a watcher under Section 33.008 is |
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not subject to the requirements of Subsection (a) and is eligible to |
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serve as a watcher if the person: |
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(1) is a registered voter in this state; and |
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(2) understands and agrees to comply with the |
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principles and practices set forth in the Declaration of Global |
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Principles for Non-partisan Election Observation and Monitoring by |
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Citizen Organizations and Code of Conduct for Non-partisan Citizen |
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Election Observers and Monitors, as commemorated by the United |
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Nations on April 3, 2012. |
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SECTION 5. Section 213.013, Election Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) In any recount, a watcher appointed under Section |
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33.008 may be present. |
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SECTION 6. This Act takes effect on the 91st day after the |
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last day of the legislative session. |