Bill Text: TX HB4364 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to poll watchers; creating an offense.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2021-04-27 - Committee report sent to Calendars [HB4364 Detail]

Download: Texas-2021-HB4364-Comm_Sub.html
 
 
  By: Jetton, et al. H.B. No. 4364
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to poll watchers; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.031(a), Election Code, is amended to
  read as follows:
         (a)  To be eligible to serve as a watcher, a person must:
               (1)  be a qualified voter:
                     (A) [(1)]  of the county in which the person is to
  serve, in an election ordered by the governor or a county authority
  or in a primary election;
                     (B) [(2)]  of the part of the county in which the
  election is held, in an election ordered by the governor or a county
  authority that does not cover the entire county of the person's
  residence; and
                     (C) [(3)]  of the political subdivision, in an
  election ordered by an authority of a political subdivision other
  than a county; and
               (2)  present proof of identification that meets the
  requirements of Section 63.001(b) for accepting a voter to the
  election judge at the polling place where the watcher serves.
         SECTION 2.  Section 33.051, Election Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  An election officer commits an offense if the officer
  intentionally or knowingly refuses to accept a watcher for service
  when acceptance of the watcher is required by this section. An
  offense under this section is a Class A misdemeanor.
         SECTION 3.  Section 33.052, Election Code, is amended to
  read as follows:
         Sec. 33.052.  HOURS OF SERVICE AT PRECINCT POLLING PLACE.
  (a) A watcher at a precinct polling place may begin service at any
  time after the presiding judge arrives at the polling place on
  election day and may remain at the polling place until the presiding
  judge and the clerks complete their duties there. A watcher [that
  serves for more than five continuous hours] may serve at the polling
  place during the hours the watcher chooses, except that if the
  watcher is present at the polling place when ballots are counted,
  the watcher may not leave until the counting is complete.
         SECTION 4.  Section 33.054, Election Code, is amended to
  read as follows:
         Sec. 33.054.  HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
  MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A watcher
  serving at the meeting place of an early voting ballot board or
  signature verification committee may be present at any time the
  board or committee is processing or counting ballots and until the
  board or committee completes its duties. The watcher may serve
  during the hours the watcher chooses, except as provided by
  Subsection (b).
         (b)  A watcher serving at the meeting place of an early
  voting ballot board may not leave during voting hours on election
  day without the presiding judge's permission if the board has
  recorded any votes cast on voting machines or counted any ballots,
  unless the board has completed its duties and has been dismissed by
  the presiding judge.
         SECTION 5.  Section 33.056, Election Code, is amended by
  adding subchapter (e) to read as follows:
         (e)  except as provided by Section 33.057(b), a watcher may
  not be denied free movement within the location at which the watcher
  is serving.
         SECTION 6.  Section 33.060, Election Code is amended to read
  as follows:
         Sec. 33.060.  OBSERVING DELIVERY OF ELECTION RECORDS. (a)
  On request of a watcher, an election officer who delivers election
  records from a precinct polling place, an early voting polling
  place, a meeting place for an early voting ballot board, or a
  central counting station shall permit the watcher appointed to
  serve at that location to accompany the officer in making the
  delivery.
         (b)  A watcher appointed to serve at a polling place in an
  election may observe the sealing and transfer of a memory card,
  flash drive, hard drive, data storage device, or other medium now
  existing or later developed used by the voting system equipment.
         (c) [(b)]  If delivery is made in a vehicle, an election
  officer complies with this section if the officer permits the
  watcher to follow in a different vehicle and drives in a manner that
  enables the watcher to keep the vehicle in sight.
         SECTION 7.  This Act takes effect September 1, 2021.
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