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A BILL TO BE ENTITLED
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AN ACT
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relating to election watchers; increasing a criminal penalty. |
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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 33.007, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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(a) Each appointing authority may appoint not more than two |
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watchers for each precinct polling place, meeting place for an |
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early voting ballot board, meeting place for a signature |
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verification committee, elections administrator's office, or |
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central counting station involved in the election. |
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(e) For the purpose of appointing watchers, "early voting |
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polling place" and "polling place" include a location for in-person |
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delivery of a ballot to be voted by mail under Section 86.006(a-1). |
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SECTION 3. Section 33.051(c), Election Code, is amended to |
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read as follows: |
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(c) [A watcher may not be accepted for service if the |
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watcher has possession of a device capable of recording images or |
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sound unless the watcher agrees to disable or deactivate the |
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device.] The presiding judge may inquire whether a watcher has |
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possession of a [any prohibited] recording device before accepting |
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the watcher for service. |
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SECTION 4. Section 33.054(a), Election Code, is amended to |
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read as follows: |
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(a) A watcher serving at the meeting place of an early |
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voting ballot board may be present at any time the board, or a |
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person working on behalf of the board, is processing or counting |
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ballots and until the board completes its duties. The watcher may |
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serve during the hours the watcher chooses, except as provided by |
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Subsection (b). |
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SECTION 5. Subchapter C, Chapter 33, Election Code, is |
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amended by adding Sections 33.0541 and 33.0551 to read as follows: |
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Sec. 33.0541. HOURS OF SERVICE AT SIGNATURE VERIFICATION |
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COMMITTEE MEETING. A watcher serving at the meeting place of a |
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signature verification committee may be present at any time the |
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committee is processing ballots and until the committee completes |
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its duties. The watcher may serve during the hours the watcher |
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chooses. |
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Sec. 33.0551. HOURS OF SERVICE AT ELECTIONS ADMINISTRATOR'S |
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OFFICE. A watcher serving at an elections administrator's office |
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may be present only when the office is used for the purpose of |
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processing or handling ballots. The watcher may serve during the |
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hours the watcher chooses. |
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SECTION 6. Section 33.056, Election Code, is amended by |
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adding Subsections (a-1) and (e) and amending Subsection (d) to |
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read as follows: |
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(a-1) A watcher is entitled to sit or stand near enough to |
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the member of an early voting ballot board or a signature |
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verification committee who is performing a comparison under Section |
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87.041(b)(2) or 87.027(i) to verify that the signature on the |
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carrier envelope certificate is that of the voter. |
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(d) A watcher may not be prohibited from making written |
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notes while on duty, including the name and contact information of a |
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voter whose voting process may have involved a violation of |
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election law. Before permitting a watcher who made written notes at |
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a precinct polling place to leave while the polls are open, the |
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presiding officer may require the watcher to leave the notes with |
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another person on duty at the polling place, selected by the |
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watcher, for retention until the watcher returns to duty. |
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(e) If election activity begins at the location where a |
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watcher is serving and moves to another location, the watcher may |
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follow or accompany the election activity in a reasonable manner. |
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SECTION 7. Section 33.061, Election Code, is amended by |
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amending Subsection (b) and adding Subsections (c), (d), (e), and |
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(f) to read as follows: |
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(b) An offense under this section is a state jail felony |
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[Class A misdemeanor]. |
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(c) A peace officer or special peace officer appointed under |
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Section 32.075 shall ensure that a watcher who is the victim of an |
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offense under this section is given access to perform the watcher's |
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duties under this chapter. |
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(d) With the consent of the appropriate local county or |
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district attorney, the attorney general has concurrent |
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jurisdiction with that consenting local prosecutor to prosecute an |
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offense under this section. |
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(e) An offense under Subsection (a) includes an action taken |
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to distance or obstruct the view of a watcher in a way that makes |
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observation reasonably ineffective. |
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(f) Enforcement of social distancing recommendations is not |
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a defense to an offense under this section. |
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SECTION 8. Subchapter B, Chapter 43, Election Code, is |
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amended by adding Section 43.0321 to read as follows: |
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Sec. 43.0321. POLLING PLACES WITH MULTIPLE ROOMS. (a) The |
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county clerk and commissioners court shall make a reasonable effort |
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to ensure that a building in use as a polling place has all election |
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activity conducted in a single room. |
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(b) A polling place where election activity is conducted in |
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more than one room is considered to be two separate polling places |
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for purposes of Section 33.007. |
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SECTION 9. Section 61.014, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) A person, other than a watcher using the device solely |
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to record images or sound as permitted under Subsection (b), may not |
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use a wireless communication device within 100 feet of a voting |
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station. |
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(b) A person, other than a watcher who reasonably believes a |
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voter is receiving unlawful assistance, may not use a [any] |
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mechanical or electronic device to record [means of recording] |
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images or sound that captures the activity [within 100 feet] of a |
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voter at a voting station. |
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(b-1) A recording made by a watcher under Subsection (b) may |
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not capture or record any information on a voter's ballot. |
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SECTION 10. Section 64.009, Election Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) If voting under this section occurs in a vehicle with |
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opaque windows, a watcher may request that the windows be opened to |
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allow the watcher to observe voting. |
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(f) If voting under this section occurs for more than one |
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voter in the same vehicle and that vehicle can accommodate more than |
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five passengers, a watcher may enter the vehicle to observe voting. |
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SECTION 11. Section 86.006, Election Code, is amended by |
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adding Subsection (a-2) to read as follows: |
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(a-2) A county may not have more than one location for |
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in-person delivery of a marked ballot under this section. |
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SECTION 12. Section 213.013(i), Election Code, is amended |
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to read as follows: |
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(i) On [No device capable of recording images or sound is |
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allowed inside the room in which the recount is conducted, or in any |
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hallway or corridor in the building in which the recount is |
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conducted within 30 feet of the entrance to the room, while the |
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recount is in progress unless the person entitled to be present at |
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the recount agrees to disable or deactivate the device. However, |
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on] request of a person entitled to appoint watchers to serve at the |
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recount, the recount committee chair shall permit the person to |
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photocopy under the chair's supervision any ballot, including any |
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supporting materials, challenged by the person or person's watcher. |
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The person must pay a reasonable charge for making the copies and, |
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if no photocopying equipment is available, may supply that |
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equipment at the person's expense. The person shall provide a copy |
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on request to another person entitled to appoint watchers to serve |
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at the recount. |
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SECTION 13. The change in law made by this Act applies only |
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to an offense committed under Section 33.061, Election Code, on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense was committed before that date. |
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SECTION 14. This Act takes effect September 1, 2021. |