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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct and administration of elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 32, Election Code, is |
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amended by adding Section 32.076 to read as follows: |
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Sec. 32.076. OBSERVING VOTER ASSISTANCE. (a) The |
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presiding judge or alternate presiding judge may observe assistance |
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being provided to a voter to ensure compliance with the oath taken |
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under Section 64.034 and that Section 64.036(a) is not being |
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violated if the judge has reason to believe that a person assisting |
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a voter under Section 64.032(c) is violating Section 64.036(a) or |
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the oath taken under Section 64.034. |
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(b) Two election officers affiliated or aligned with |
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different political parties, or two election officers affiliated or |
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aligned with the same party if there are not two or more election |
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officers serving the polling place who are aligned with different |
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parties, shall observe the assistance provided to a voter to ensure |
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that the person assisting the voter complies with the oath taken |
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under Section 64.034 and does not violate Section 64.036(a) if: |
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(1) a watcher appointed under Chapter 33 requests the |
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observation under Section 33.057(c); and |
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(2) the election officers agree that there is a |
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reasonable basis for the poll watcher's belief. |
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(c) An election officer may not observe assistance being |
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provided to a voter as permitted under this section in a manner that |
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violates the secrecy of the voter's ballot. |
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SECTION 2. Section 33.057, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A watcher may request under Section 32.076(b) that two |
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election officers observe the assistance provided to a voter to |
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ensure that the person assisting the voter complies with the oath |
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taken under Section 64.034 and does not violate Section 64.036(a) |
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if the watcher has reason to believe that a person assisting a voter |
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under Section 64.032(c) is violating Section 64.036(a) or the oath |
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taken under Section 64.034. |
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SECTION 3. Section 43.007, Election Code, is amended by |
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adding Subsections (k) and (l) to read as follows: |
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(k) Each county that previously participated in a program |
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under this section is authorized to continue participation in the |
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program for future elections described by Subsection (a) if: |
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(1) the commissioners court of the county approves |
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participation in the program; and |
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(2) the secretary of state determines the county's |
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participation in the program was successful. |
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(l) Subsections (b), (c), and (d) do not apply to a county |
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participating in the program under Subsection (k). |
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SECTION 4. Subchapter E, Chapter 127, Election Code, is |
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amended by adding Section 127.1311 to read as follows: |
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Sec. 127.1311. ANNOUNCING UNOFFICIAL RESULTS. (a) Except |
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as provided by Subsection (b), unofficial election results shall be |
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released as soon as they are available after the polls close. |
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(b) The presiding judge of the central counting station, in |
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cooperation with the county clerk, may withhold the release of |
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unofficial election results until the last voter has voted. |
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SECTION 5. Section 573.061, Government Code, is amended to |
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read as follows: |
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Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not |
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apply to: |
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(1) an appointment to the office of a notary public or |
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to the confirmation of that appointment; |
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(2) an appointment of a page, secretary, attendant, or |
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other employee by the legislature for attendance on any member of |
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the legislature who, because of physical infirmities, is required |
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to have a personal attendant; |
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(3) a confirmation of the appointment of an appointee |
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appointed to a first term on a date when no individual related to |
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the appointee within a degree described by Section 573.002 was a |
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member of or a candidate for the legislature, or confirmation on |
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reappointment of the appointee to any subsequent consecutive term; |
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(4) an appointment or employment of a bus driver by a |
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school district if: |
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(A) the district is located wholly in a county |
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with a population of less than 35,000; or |
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(B) the district is located in more than one |
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county and the county in which the largest part of the district is |
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located has a population of less than 35,000; |
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(5) an appointment or employment of a personal |
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attendant by an officer of the state or a political subdivision of |
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the state for attendance on the officer who, because of physical |
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infirmities, is required to have a personal attendant; |
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(6) an appointment or employment of a substitute |
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teacher by a school district; [or] |
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(7) an appointment or employment of a person by a |
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municipality that has a population of less than 200; or |
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(8) an appointment of an election clerk under Section |
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32.031, Election Code, who is not related in the first degree by |
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consanguinity or affinity to an elected official of the authority |
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that appoints the election judges for that election. |
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SECTION 6. This Act takes effect September 1, 2011. |