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A BILL TO BE ENTITLED
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AN ACT
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relating to poll watchers; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.031(a), Election Code, is amended to |
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read as follows: |
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(a) To be eligible to serve as a watcher, a person must: |
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(1) be a qualified voter: |
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(A) [(1)] of the county in which the person is to |
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serve, in an election ordered by the governor or a county authority |
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or in a primary election; |
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(B) [(2)] of the part of the county in which the |
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election is held, in an election ordered by the governor or a county |
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authority that does not cover the entire county of the person's |
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residence; and |
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(C) [(3)] of the political subdivision, in an |
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election ordered by an authority of a political subdivision other |
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than a county; and |
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(2) present proof of identification that meets the |
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requirements of Section 63.001(b) for accepting a voter to the |
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election judge at the polling place where the watcher serves. |
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SECTION 2. Section 33.051, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) An election officer commits an offense if the officer |
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intentionally or knowingly refuses to accept a watcher for service |
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when acceptance of the watcher is required by this section. An |
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offense under this section is a Class A misdemeanor. |
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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 any |
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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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SECTION 4. Section 33.054, Election Code, is amended to |
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read as follows: |
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Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD |
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MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A watcher |
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serving at the meeting place of an early voting ballot board or |
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signature verification committee may be present at any time the |
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board or committee is processing or counting ballots and until the |
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board or committee completes its duties. The watcher may serve |
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during the hours the watcher chooses, except as provided by |
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Subsection (b). |
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(b) A watcher serving at the meeting place of an early |
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voting ballot board may not leave during voting hours on election |
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day without the presiding judge's permission if the board has |
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recorded any votes cast on voting machines or counted any ballots, |
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unless the board has completed its duties and has been dismissed by |
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the presiding judge. |
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SECTION 5. Section 33.056, Election Code, is amended by |
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adding subchapter (e) to read as follows: |
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(e) except as provided by Section 33.057(b), a watcher may |
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not be denied free movement within the location at which the watcher |
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is serving. |
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SECTION 6. Section 33.060, Election Code is amended to read |
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as follows: |
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Sec. 33.060. OBSERVING DELIVERY OF ELECTION RECORDS. (a) |
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On request of a watcher, an election officer who delivers election |
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records from a precinct polling place, an early voting polling |
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place, a meeting place for an early voting ballot board, or a |
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central counting station shall permit the watcher appointed to |
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serve at that location to accompany the officer in making the |
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delivery. |
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(b) A watcher appointed to serve at a polling place in an |
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election may observe the sealing and transfer of a memory card, |
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flash drive, hard drive, data storage device, or other medium now |
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existing or later developed used by the voting system equipment. |
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(c) [(b)] If delivery is made in a vehicle, an election |
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officer complies with this section if the officer permits the |
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watcher to follow in a different vehicle and drives in a manner that |
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enables the watcher to keep the vehicle in sight. |
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SECTION 7. This Act takes effect September 1, 2021. |