Bill Text: TX SB1128 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the conduct and administration of elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-09 - Left pending in committee [SB1128 Detail]
Download: Texas-2011-SB1128-Introduced.html
82R7808 JRJ-D | ||
By: Jackson | S.B. No. 1128 |
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relating to the conduct and administration of elections. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 31.035, Election Code, is transferred to | ||
Subchapter E, Chapter 31, Election Code, redesignated as Section | ||
31.124, Election Code, and amended to read as follows: | ||
Sec. 31.124 [ |
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ACTIVITIES. (a) A county elections administrator or other | ||
government official who oversees, manages, or administers the | ||
election process may not be a candidate for a public office or an | ||
office of a political party, hold a public office, or hold an office | ||
of or position in a political party. At the time an administrator | ||
or official becomes a candidate or accepts an office or position in | ||
violation of this subsection, the administrator or official vacates | ||
the position [ |
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(b) A county elections administrator commits an offense if | ||
the administrator makes a political contribution or political | ||
expenditure, as defined by the law regulating political funds and | ||
campaigns, or publicly supports or opposes a candidate for public | ||
office or a measure to be voted on at an election. An offense under | ||
this subsection is a Class A misdemeanor. On a final conviction, | ||
the administrator's employment is terminated, and the person | ||
convicted is ineligible for future appointment as county elections | ||
administrator. | ||
(c) In this section, "candidate" means a person who has | ||
taken affirmative action, as described by the law regulating | ||
political funds and campaigns, for the purpose of gaining | ||
nomination or election. | ||
(d) This section does not apply to a county clerk or a county | ||
tax assessor-collector. | ||
SECTION 2. Subchapter D, Chapter 32, Election Code, is | ||
amended by adding Section 32.076 to read as follows: | ||
Sec. 32.076. OBSERVING VOTER ASSISTANCE. (a) The | ||
presiding judge or alternate presiding judge may observe assistance | ||
being provided to a voter to ensure compliance with the oath taken | ||
under Section 64.034 and that Section 64.036(a) is not being | ||
violated if the judge has reason to believe that a person assisting | ||
a voter under Section 64.032(c) is violating Section 64.036(a) or | ||
the oath taken under Section 64.034. | ||
(b) If a watcher appointed under Chapter 33 requests the | ||
observation under Section 33.057(c), two election officers | ||
affiliated or aligned with different political parties shall | ||
observe the assistance provided to a voter to ensure that the person | ||
assisting the voter complies with the oath taken under Section | ||
64.034 and does not violate Section 64.036(a). | ||
SECTION 3. Section 33.057, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A watcher may request that two election officers | ||
affiliated or aligned with different political parties observe the | ||
assistance provided to a voter to ensure that the person assisting | ||
the voter complies with the oath taken under Section 64.034 and does | ||
not violate Section 64.036(a). | ||
SECTION 4. Section 43.007, Election Code, is amended by | ||
adding Subsections (k) and (l) to read as follows: | ||
(k) Each county that previously participated in a program | ||
under this section is authorized to continue participation in the | ||
program for future elections described by Subsection (a) if: | ||
(1) the commissioners court of the county approves | ||
participation in the program; and | ||
(2) the secretary of state determines the county's | ||
participation in the program was successful. | ||
(l) Subsections (b), (c), (d), and (i) do not apply to a | ||
county participating in the program under Subsection (k). | ||
SECTION 5. Subchapter E, Chapter 127, Election Code, is | ||
amended by adding Section 127.1311 to read as follows: | ||
Sec. 127.1311. ANNOUNCING UNOFFICIAL RESULTS. (a) Except | ||
as provided by Subsection (b), unofficial election results shall be | ||
released as soon as they are available after the polls close. | ||
(b) The presiding judge of the central counting station, in | ||
cooperation with the county clerk, may withhold the release of | ||
unofficial election results until the last voter has voted. | ||
SECTION 6. Section 573.061, Government Code, is amended to | ||
read as follows: | ||
Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not | ||
apply to: | ||
(1) an appointment to the office of a notary public or | ||
to the confirmation of that appointment; | ||
(2) an appointment of a page, secretary, attendant, or | ||
other employee by the legislature for attendance on any member of | ||
the legislature who, because of physical infirmities, is required | ||
to have a personal attendant; | ||
(3) a confirmation of the appointment of an appointee | ||
appointed to a first term on a date when no individual related to | ||
the appointee within a degree described by Section 573.002 was a | ||
member of or a candidate for the legislature, or confirmation on | ||
reappointment of the appointee to any subsequent consecutive term; | ||
(4) an appointment or employment of a bus driver by a | ||
school district if: | ||
(A) the district is located wholly in a county | ||
with a population of less than 35,000; or | ||
(B) the district is located in more than one | ||
county and the county in which the largest part of the district is | ||
located has a population of less than 35,000; | ||
(5) an appointment or employment of a personal | ||
attendant by an officer of the state or a political subdivision of | ||
the state for attendance on the officer who, because of physical | ||
infirmities, is required to have a personal attendant; | ||
(6) an appointment or employment of a substitute | ||
teacher by a school district; [ |
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(7) an appointment or employment of a person by a | ||
municipality that has a population of less than 200; or | ||
(8) an appointment of an election clerk under Section | ||
32.031, Election Code, who is not related in the first degree by | ||
consanguinity or affinity to an elected official of the authority | ||
that appoints the election judges for that election. | ||
SECTION 7. This Act takes effect September 1, 2011. |