87R16498 MLH-F

By: Shaheen, Swanson H.B. No. 463

Substitute the following for H.B. No. 463:

By: Schofield C.S.H.B. No. 463

A BILL TO BE ENTITLED

AN ACT

relating to ineligibility to serve as a poll watcher.

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

SECTION 1. Section 33.006(b), Election Code, is amended to read as follows:

(b) A certificate of appointment must:

(1) be in writing and signed by the appointing authority or, for an appointment for a write-in candidate under Section 33.004, by each of the voters making the appointment;

(2) indicate the capacity in which the appointing authority is acting;

(3) state the name, residence address, and voter registration number of the appointee and be signed by the appointee;

(4) identify the election and the precinct polling place or other location at which the appointee is to serve;

(5) in an election on a measure, identify the measure if more than one is to be voted on and state which side of the measure the appointee represents; and

(6) contain an affidavit executed by the appointee stating that the appointee:

(A) will not have possession of a device capable of recording images or sound or that the appointee will disable or deactivate the device while serving as a watcher; and

(B) has not been finally convicted of a felony of the first or second degree or an offense in connection with conduct directly attributable to an election.

SECTION 2. Section 33.035, Election Code, is amended to read as follows:

Sec. 33.035. INELIGIBILITY OF PERSON CONVICTED OF CERTAIN OFFENSES [ELECTION OFFENSE]. A person is ineligible to serve as a watcher in an election if the person has been finally convicted of:

(1) a felony of the first or second degree; or

(2) an offense in connection with conduct directly attributable to an election.

SECTION 3. This Act takes effect September 1, 2021.