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A BILL TO BE ENTITLED
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AN ACT
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relating to service as an election watcher. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.056(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 33.057, a watcher is |
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entitled to observe any activity conducted at the location at which |
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the watcher is serving. A watcher is entitled to sit or stand |
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[conveniently] near enough to see and hear the election officers |
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conducting the observed activity, except as otherwise prohibited by |
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this chapter. |
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SECTION 2. Section 33.058, Election Code, is amended to |
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read as follows: |
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Sec. 33.058. RESTRICTIONS ON WATCHER'S ACTIVITIES. (a) |
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While on duty, a watcher may not: |
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(1) converse with the presiding judge, the alternate |
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judge, or an election clerk [officer] regarding the election, |
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except to call attention to an irregularity or violation of law, |
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including a procedural mistake that cannot be reversed; |
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(2) converse with a voter; or |
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(3) communicate in any manner with a voter regarding |
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the election. |
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(b) A watcher may call the attention of an election officer |
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to any occurrence that the watcher believes to be an irregularity or |
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violation of law, including a potentially irreversible procedural |
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mistake, and may discuss the matter with the officer. An officer may |
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refer the watcher to the presiding judge [officer] at any point in |
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the discussion. In that case, the watcher may not discuss the |
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occurrence further with the subordinate officer unless the |
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presiding judge [officer] invites the discussion. |
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(c) If an election clerk disagrees with a watcher concerning |
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a matter discussed under Subsection (a)(1), the clerk may not |
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proceed until the presiding judge provides clarifying instruction. |
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If the presiding judge is unavailable, the alternate judge may |
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provide clarifying instruction. |
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SECTION 3. Section 33.061(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person serves in an |
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official capacity at a location at which the presence of watchers is |
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authorized and knowingly prevents a watcher from seeing or hearing |
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[observing] an activity the watcher is entitled to observe. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |