82R7808 JRJ-D

By: Jackson S.B. No. 1128

A BILL TO BE ENTITLED

AN ACT

relating to the conduct and administration of elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.035, Election Code, is transferred to Subchapter E, Chapter 31, Election Code, redesignated as Section 31.124, Election Code, and amended to read as follows:

Sec. 31.124 [31.035]. RESTRICTIONS ON POLITICAL ACTIVITIES. (a) A county elections administrator or other government official who oversees, manages, or administers the election process may not be a candidate for a public office or an office of a political party, hold a public office, or hold an office of or position in a political party. At the time an administrator or official becomes a candidate or accepts an office or position in violation of this subsection, the administrator or official vacates the position [of administrator].

(b) A county elections administrator commits an offense if the administrator makes a political contribution or political expenditure, as defined by the law regulating political funds and campaigns, or publicly supports or opposes a candidate for public office or a measure to be voted on at an election. An offense under this subsection is a Class A misdemeanor. On a final conviction, the administrator's employment is terminated, and the person convicted is ineligible for future appointment as county elections administrator.

(c) In this section, "candidate" means a person who has taken affirmative action, as described by the law regulating political funds and campaigns, for the purpose of gaining nomination or election.

(d) This section does not apply to a county clerk or a county tax assessor-collector.

SECTION 2. Subchapter D, Chapter 32, Election Code, is amended by adding Section 32.076 to read as follows:

Sec. 32.076. OBSERVING VOTER ASSISTANCE. (a) The presiding judge or alternate presiding judge may observe assistance being provided to a voter to ensure compliance with the oath taken under Section 64.034 and that Section 64.036(a) is not being violated if the judge has reason to believe that a person assisting a voter under Section 64.032(c) is violating Section 64.036(a) or the oath taken under Section 64.034.

(b) If a watcher appointed under Chapter 33 requests the observation under Section 33.057(c), two election officers affiliated or aligned with different political parties shall observe the assistance provided to a voter to ensure that the person assisting the voter complies with the oath taken under Section 64.034 and does not violate Section 64.036(a).

SECTION 3. Section 33.057, Election Code, is amended by adding Subsection (c) to read as follows:

(c) A watcher may request that two election officers affiliated or aligned with different political parties observe the assistance provided to a voter to ensure that the person assisting the voter complies with the oath taken under Section 64.034 and does not violate Section 64.036(a).

SECTION 4. Section 43.007, Election Code, is amended by adding Subsections (k) and (l) to read as follows:

(k) Each county that previously participated in a program under this section is authorized to continue participation in the program for future elections described by Subsection (a) if:

(1) the commissioners court of the county approves participation in the program; and

(2) the secretary of state determines the county's participation in the program was successful.

(l) Subsections (b), (c), (d), and (i) do not apply to a county participating in the program under Subsection (k).

SECTION 5. Subchapter E, Chapter 127, Election Code, is amended by adding Section 127.1311 to read as follows:

Sec. 127.1311. ANNOUNCING UNOFFICIAL RESULTS. (a) Except as provided by Subsection (b), unofficial election results shall be released as soon as they are available after the polls close.

(b) The presiding judge of the central counting station, in cooperation with the county clerk, may withhold the release of unofficial election results until the last voter has voted.

SECTION 6. Section 573.061, Government Code, is amended to read as follows:

Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not apply to:

(1) an appointment to the office of a notary public or to the confirmation of that appointment;

(2) an appointment of a page, secretary, attendant, or other employee by the legislature for attendance on any member of the legislature who, because of physical infirmities, is required to have a personal attendant;

(3) a confirmation of the appointment of an appointee appointed to a first term on a date when no individual related to the appointee within a degree described by Section 573.002 was a member of or a candidate for the legislature, or confirmation on reappointment of the appointee to any subsequent consecutive term;

(4) an appointment or employment of a bus driver by a school district if:

(A) the district is located wholly in a county with a population of less than 35,000; or

(B) the district is located in more than one county and the county in which the largest part of the district is located has a population of less than 35,000;

(5) an appointment or employment of a personal attendant by an officer of the state or a political subdivision of the state for attendance on the officer who, because of physical infirmities, is required to have a personal attendant;

(6) an appointment or employment of a substitute teacher by a school district; [or]

(7) an appointment or employment of a person by a municipality that has a population of less than 200; or

(8) an appointment of an election clerk under Section 32.031, Election Code, who is not related in the first degree by consanguinity or affinity to an elected official of the authority that appoints the election judges for that election.

SECTION 7. This Act takes effect September 1, 2011.