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A BILL TO BE ENTITLED
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AN ACT
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relating to the service of a poll watcher in an election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.006(b), Election Code, is amended to |
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read as follows: |
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(b) A certificate of appointment must: |
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(1) be in writing and signed by the appointing |
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authority or, for an appointment for a write-in candidate under |
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Section 33.004, by each of the voters making the appointment; |
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(2) indicate the capacity in which the appointing |
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authority is acting; |
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(3) state the name, residence address, and voter |
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registration number of the appointee and be signed by the |
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appointee; |
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(4) identify the election and the precinct polling |
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place or other location at which the appointee is to serve; and |
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(5) in an election on a measure, identify the measure |
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if more than one is to be voted on and state which side of the |
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measure the appointee represents[; and
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[(6)
contain an affidavit executed by the appointee
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stating that the appointee will not have possession of a device
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capable of recording images or sound or that the appointee will
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disable or deactivate the device while serving as a watcher]. |
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SECTION 2. Section 33.035, Election Code, is amended to |
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read as follows: |
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Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF CERTAIN |
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OFFENSES [ELECTION OFFENSE]. A person is ineligible to serve as a |
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watcher in an election if the person has been finally convicted of: |
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(1) a felony; or |
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(2) an offense in connection with conduct directly |
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attributable to an election. |
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SECTION 3. Section 33.052, Election Code, is amended to |
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read as follows: |
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Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE. |
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[(a)] A watcher at a precinct polling place may begin service at |
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any time after the presiding judge arrives at the polling place on |
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election day and may remain at the polling place until the presiding |
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judge and the clerks complete their duties there. A watcher [that
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serves for more than five continuous hours] may serve at the polling |
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place during the hours the watcher chooses, except that if the |
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watcher is present at the polling place when ballots are counted, |
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the watcher may not leave until the counting is complete. |
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[(b)
For purposes of this section, a watcher is considered to
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have served continuously if the watcher leaves the polling place
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for the purpose of using a wireless communication device prohibited
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from use in the polling place under Section 61.014 and the watcher
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promptly returns.] |
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SECTION 4. Section 33.057, Election Code, is amended to |
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read as follows: |
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Sec. 33.057. OBSERVING PREPARATION OF VOTER'S BALLOT. (a) |
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A watcher is entitled to be present at the voting station when a |
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voter is being assisted by an election officer or by a person of the |
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voter's choice, and the watcher is entitled to examine the ballot |
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before it is deposited in the ballot box to determine whether it is |
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prepared in accordance with the voter's wishes. |
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(b) A watcher may not be present at the voting station when a |
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voter is preparing the voter's ballot [or is being assisted by a
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person of the voter's choice]. |
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SECTION 5. Section 61.014(d), Election Code, is amended to |
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read as follows: |
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(d) This section does not apply to: |
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(1) an election officer in conducting the officer's |
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official duties; |
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(2) the use of election equipment necessary for the |
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conduct of the election; [or] |
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(3) a person who is employed at the location in which a |
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polling place is located while the person is acting in the course of |
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the person's employment; or |
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(4) a poll watcher who, for the purpose of reporting an |
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irregularity or violation of law relating to the election, is |
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contacting the authority holding the election, the secretary of |
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state, the attorney general, or a law enforcement officer. |
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SECTION 6. Section 33.051(c), Election Code, is repealed. |
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SECTION 7. This Act takes effect September 1, 2015. |