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A BILL TO BE ENTITLED
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AN ACT
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relating to persons permitted to be in a polling place or a place |
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where ballots are being counted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.001, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as permitted by this code and as described by |
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Subsection (a-1), a person may not be in the polling place from the |
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time the presiding judge arrives there on election day to make the |
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preliminary arrangements until the precinct returns have been |
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certified and the election records have been assembled for |
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distribution following the election. |
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(a-1) Under this code, a person may be lawfully present in a |
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polling place during the time described by Subsection (a) if the |
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person is: |
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(1) an election judge or clerk; |
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(2) a watcher; |
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(3) a state or federal inspector; |
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(4) a person admitted to vote; |
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(5) a child under 18 years of age who is accompanying a |
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parent who has been admitted to vote; |
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(6) a person providing assistance to a voter under |
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Section 61.032 or 64.032; |
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(7) a special peace officer appointed by the presiding |
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judge under Section 32.075; |
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(8) the county chair of a political party conducting a |
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primary election, as authorized by Section 172.1113; |
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(9) a voting system technician, as authorized by |
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Section 125.010; or |
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(10) a person whose presence has been authorized by |
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the presiding judge in accordance with this code. |
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SECTION 2. Section 87.026, Election Code, is amended to |
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read as follows: |
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Sec. 87.026. BYSTANDERS EXCLUDED. (a) Except as permitted |
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by this code and as described by Subsection (b), a person may not be |
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in the meeting place of an early voting ballot board during the time |
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of the board's operations. |
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(b) Under this code, a person may be lawfully present in the |
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meeting place of an early voting ballot board during the time of the |
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board's operations if the person is: |
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(1) a presiding judge or member of the board; |
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(2) a watcher; |
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(3) a voting system technician, as authorized by |
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Section 125.010; or |
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(4) a person whose presence has been authorized by the |
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presiding judge in accordance with this code. |
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SECTION 3. Subchapter A, Chapter 127, Election Code, is |
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amended by adding Section 127.008 to read as follows: |
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Sec. 127.008. BYSTANDERS EXCLUDED. (a) Except as permitted |
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by this code and as described by Subsection (b), a person may not be |
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in a central counting station while ballots are being counted. |
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(b) Under this code, a person may be lawfully present in the |
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central counting station while ballots are being counted if the |
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person is: |
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(1) a counting station manager, tabulation |
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supervisor, assistant to the tabulation supervisor, presiding |
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judge, or clerk; |
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(2) a watcher; |
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(3) a voting system technician, as authorized by |
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Section 125.010; or |
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(4) a person whose presence has been authorized by the |
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counting station manager in accordance with this code. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |