Bill Text: TX SB1611 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the right of the public to observe election activity; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1611 Detail]
Download: Texas-2021-SB1611-Introduced.html
87R9716 MLH-D | ||
By: Hall | S.B. No. 1611 |
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relating to the right of the public to observe election activity; | ||
providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 33.006(b), Election Code, is amended to | ||
read as follows: | ||
(b) A certificate of appointment must: | ||
(1) be in writing and signed by the appointing | ||
authority or, for an appointment for a write-in candidate under | ||
Section 33.004, by each of the voters making the appointment; | ||
(2) indicate the capacity in which the appointing | ||
authority is acting; | ||
(3) state the name, residence address, and voter | ||
registration number of the appointee and be signed by the | ||
appointee; | ||
(4) identify the election and the precinct polling | ||
place or other location at which the appointee is to serve; and | ||
(5) in an election on a measure, identify the measure | ||
if more than one is to be voted on and state which side of the | ||
measure the appointee represents[ |
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SECTION 2. Section 33.031, Election Code, is amended to | ||
read as follows: | ||
Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. [ |
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be eligible to serve as a watcher, a person must be a qualified | ||
voter [ |
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SECTION 3. Section 33.051(c), Election Code, is amended to | ||
read as follows: | ||
(c) [ |
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possession of a [ |
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the watcher for service. | ||
SECTION 4. Section 33.056, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) to read as | ||
follows: | ||
(a) Except as provided by Section 33.057, a watcher is | ||
entitled to observe any activity conducted at the location at which | ||
the watcher is serving. A watcher is entitled to sit or stand | ||
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conducting the observed activity, except as otherwise prohibited by | ||
this chapter. | ||
(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 5. Section 33.061, Election Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) An offense under Subsection (a) includes an action taken | ||
to distance or obstruct the view of a watcher in a way that makes | ||
observation reasonably ineffective. | ||
(d) A person who has committed an offense under this section | ||
may also be: | ||
(1) suspended or terminated; | ||
(2) liable to the state for a civil penalty not to | ||
exceed $4,000 for each violation; or | ||
(3) any combination of these. | ||
SECTION 6. Section 61.014, Election Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) A person, other than a watcher using the device solely | ||
to record image or sound as permitted under Subsection (b), may not | ||
use a wireless communication device within 100 feet of a voting | ||
station. | ||
(b) A person, other than a watcher, may not use a [ |
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mechanical or electronic device to record [ |
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images or sound that captures the activity [ |
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voter at a voting station, unless the voter is receiving assistance | ||
the watcher reasonably believes to be unlawful. | ||
(b-1) A recording made by a watcher under Subsection (b) may | ||
not capture or record any information on a voter's ballot. | ||
SECTION 7. Subchapter B, Chapter 64, Election Code, is | ||
amended by adding Section 64.0322 to read as follows: | ||
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A | ||
person, other than an election officer, who assists a voter in | ||
accordance with this chapter is required to complete a form | ||
stating: | ||
(1) the name, telephone number, and address of the | ||
person assisting the voter; | ||
(2) the manner in which the person assisted the voter; | ||
(3) the reason the assistance was necessary; and | ||
(4) the relationship of the assistant to the voter. | ||
(b) A person who submits a form under Subsection (a) shall | ||
present an acceptable photo identification under Section 63.0101. | ||
(c) The secretary of state shall prescribe the form required | ||
by this section. The form must be incorporated into the official | ||
carrier envelope if the voter is voting an early voting ballot by | ||
mail and receives assistance under Section 86.010, or must be | ||
submitted to an election officer at the time the voter casts a | ||
ballot if the voter is voting at a polling place or under Section | ||
64.009. | ||
SECTION 8. Subchapter A, Chapter 65, Election Code, is | ||
amended by adding Section 65.016 to read as follows: | ||
Sec. 65.016. PUBLIC STREAMING OF ELECTION ACTIVITY. (a) | ||
The county clerk shall provide cameras and other equipment to each | ||
polling place, meeting place for an early voting ballot board, or | ||
central counting station involved in the election, and shall | ||
provide a live video stream on the county clerk's Internet website | ||
of any election activity conducted at a polling place, meeting | ||
place for an early voting ballot board, or central counting | ||
station. | ||
(b) The secretary of state shall adopt rules necessary for | ||
the implementation of this section. | ||
SECTION 9. Section 213.013(i), Election Code, is amended to | ||
read as follows: | ||
(i) On [ |
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recount, the recount committee chair shall permit the person to | ||
photocopy under the chair's supervision any ballot, including any | ||
supporting materials, challenged by the person or person's watcher. | ||
The person must pay a reasonable charge for making the copies and, | ||
if no photocopying equipment is available, may supply that | ||
equipment at the person's expense. The person shall provide a copy | ||
on request to another person entitled to appoint watchers to serve | ||
at the recount. | ||
SECTION 10. 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. |