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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of the public to observe election activity; |
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providing a civil 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 33.031, Election Code, is amended to |
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read as follows: |
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Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. [(a)] To |
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be eligible to serve as a watcher, a person must be a qualified |
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voter [: |
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[(1) of the county in which the person is to serve, in |
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an election ordered by the governor or a county authority or in a |
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primary election; |
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[(2) of the part of the county in which the election is |
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held, in an election ordered by the governor or a county authority |
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that does not cover the entire county of the person's residence; and |
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[(3) of the political subdivision, in an election |
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ordered by an authority of a political subdivision other than a |
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county]. |
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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 33.056, 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) 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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(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 5. Section 33.061, Election Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) 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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(d) A person who has committed an offense under this section |
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may also be: |
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(1) suspended or terminated; |
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(2) liable to the state for a civil penalty not to |
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exceed $4,000 for each violation; or |
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(3) any combination of these. |
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SECTION 6. 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 image 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, 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, unless the voter is receiving assistance |
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the watcher reasonably believes to be unlawful. |
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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 7. Subchapter B, Chapter 64, Election Code, is |
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amended by adding Section 64.0322 to read as follows: |
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Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A |
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person, other than an election officer, who assists a voter in |
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accordance with this chapter is required to complete a form |
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stating: |
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(1) the name, telephone number, and address of the |
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person assisting the voter; |
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(2) the manner in which the person assisted the voter; |
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(3) the reason the assistance was necessary; and |
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(4) the relationship of the assistant to the voter. |
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(b) A person who submits a form under Subsection (a) shall |
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present an acceptable photo identification under Section 63.0101. |
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(c) The secretary of state shall prescribe the form required |
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by this section. The form must be incorporated into the official |
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carrier envelope if the voter is voting an early voting ballot by |
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mail and receives assistance under Section 86.010, or must be |
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submitted to an election officer at the time the voter casts a |
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ballot if the voter is voting at a polling place or under Section |
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64.009. |
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SECTION 8. Subchapter A, Chapter 65, Election Code, is |
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amended by adding Section 65.016 to read as follows: |
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Sec. 65.016. PUBLIC STREAMING OF ELECTION ACTIVITY. (a) |
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The county clerk shall provide cameras and other equipment to each |
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polling place, meeting place for an early voting ballot board, or |
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central counting station involved in the election, and shall |
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provide a live video stream on the county clerk's Internet website |
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of any election activity conducted at a polling place, meeting |
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place for an early voting ballot board, or central counting |
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station. |
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(b) The secretary of state shall adopt rules necessary for |
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the implementation of this section. |
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SECTION 9. Section 213.013(i), Election Code, is amended to |
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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 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |