Bill Text: TX HB1128 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to persons permitted to be in a polling place or a place where ballots are being counted.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed) 2021-05-13 - Left pending in committee [HB1128 Detail]

Download: Texas-2021-HB1128-Engrossed.html
 
 
  By: Jetton, Harris, Lozano H.B. No. 1128
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to persons permitted to be in a polling place or a place
  where ballots are being counted.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.001, Election Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Except as permitted by this code and as described by
  Subsection (a-1), a person may not be in the polling place from the
  time the presiding judge arrives there on election day to make the
  preliminary arrangements until the precinct returns have been
  certified and the election records have been assembled for
  distribution following the election.
         (a-1)  Under this code, a person may be lawfully present in a
  polling place during the time described by Subsection (a) if the
  person is:
               (1)  an election judge or clerk;
               (2)  a watcher;
               (3)  the secretary of state;
               (4)  a staff member of the Elections Division of the
  Office of the Secretary of State performing an official duty in
  accordance with this code;
               (5)  an election official, a sheriff, or a staff member
  of an election official or sheriff delivering election supplies;
               (6)  a state inspector;
               (7)  a person admitted to vote;
               (8)  a child under 18 years of age who is accompanying a
  parent who has been admitted to vote;
               (9)  a person providing assistance to a voter under
  Section 61.032 or 64.032;
               (10)  a person accompanying a voter who has a
  disability;
               (11)  a special peace officer appointed by the
  presiding judge under Section 32.075;
               (12)  the county chair of a political party conducting
  a primary election, as authorized by Section 172.1113;
               (13)  a voting system technician, as authorized by
  Section 125.010;
               (14)  the county election officer, as defined by
  Section 31.091, as necessary to perform tasks related to the
  administration of the election; or
               (15)  a person whose presence has been authorized by
  the presiding judge in accordance with this code.
         SECTION 2.  Section 87.026, Election Code, is amended to
  read as follows:
         Sec. 87.026.  BYSTANDERS EXCLUDED. (a) Except as permitted
  by this code and as described by Subsection (b), a person may not be
  in the meeting place of an early voting ballot board during the time
  of the board's operations.
         (b)  Under this code, a person may be lawfully present in the
  meeting place of an early voting ballot board during the time of the
  board's operations if the person is:
               (1)  a presiding judge or member of the board;
               (2)  a watcher;
               (3)  a state inspector;
               (4)  a voting system technician, as authorized by
  Section 125.010;
               (5)  the county election officer, as defined by Section
  31.091, as necessary to perform tasks related to the administration
  of the election; or
               (6)  a person whose presence has been authorized by the
  presiding judge in accordance with this code.
         SECTION 3.  Subchapter A, Chapter 127, Election Code, is
  amended by adding Section 127.008 to read as follows:
         Sec. 127.008.  BYSTANDERS EXCLUDED. (a) Except as permitted
  by this code and as described by Subsection (b), a person may not be
  in a central counting station while ballots are being counted.
         (b)  Under this code, a person may be lawfully present in the
  central counting station while ballots are being counted if the
  person is:
               (1)  a counting station manager, tabulation
  supervisor, assistant to the tabulation supervisor, presiding
  judge, or clerk;
               (2)  a watcher;
               (3)  a state inspector;
               (4)  a voting system technician, as authorized by
  Section 125.010;
               (5)  the county election officer, as defined by Section
  31.091, as necessary to perform tasks related to the administration
  of the election; or
               (6)  a person whose presence has been authorized by the
  counting station manager in accordance with this code.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
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