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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of elections; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Election Code, is amended by adding |
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Section 1.021 to read as follows: |
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Sec. 1.021. STATEWIDE INFORMATION SYSTEM. Each county must |
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adopt an information reporting system that is part of or compatible |
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with a unified statewide system for the management of election |
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administration. |
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SECTION 2. Section 32.075, Election Code, is amended by |
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adding Subsections (f) and (g) to read as follows: |
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(f) The presiding judge or a special peace officer appointed |
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under this section may not remove an alternate presiding judge from |
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the polling place without: |
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(1) the approval of an election official other than: |
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(A) the presiding judge; or |
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(B) a special peace officer appointed by the |
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presiding judge; and |
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(2) the documentation and certification by the |
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presiding judge of the reason for removal. |
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(g) A person is eligible for appointment as a special peace |
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officer under Subsection (b) only if the person is licensed as a |
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peace officer by the Commission on Law Enforcement Officer |
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Standards and Education. |
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SECTION 3. 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; |
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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 use a device capable [have
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possession of any mechanical or electronic means] of recording |
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images or sound in a manner that violates the confidentiality of a |
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voter or a voter's ballot while serving as a watcher. |
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SECTION 4. Subchapter A, Chapter 33, Election Code, is |
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amended by adding Section 33.008 to read as follows: |
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Sec. 33.008. CONFIDENTIAL INFORMATION. (a) Any |
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information provided by a watcher under this chapter that may be |
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used to identify the watcher is confidential and may be used only |
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for election administration purposes. |
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(b) It is an offense to disclose information described by |
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Subsection (a) without the permission of the watcher. |
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(c) An offense under this section is a Class B misdemeanor. |
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SECTION 5. 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 watcher |
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has possession of a device capable [any mechanical or electronic
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means] of recording images or sound unless the watcher agrees not to |
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use the device in a manner that violates the confidentiality of a |
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voter or a voter's ballot. [The presiding judge may inquire whether
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a watcher has possession of any prohibited recording device before
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accepting the watcher for service.] |
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SECTION 6. Section 213.013(i), Election Code, is amended to |
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read as follows: |
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(i) No device capable [mechanical or electronic means] of |
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recording images or sound is [are] allowed inside the room in which |
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the recount is conducted, or in any hallway or corridor in the |
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building in which the recount is conducted within 30 feet of the |
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entrance to the room, while the recount is in progress unless the |
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person entitled to be present at the recount agrees not to use the |
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device in a manner that violates the confidentiality of a voter or a |
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voter's ballot. However, on request of a person entitled to appoint |
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watchers to serve at the recount, the recount committee chair shall |
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permit the person to photocopy under the chair's supervision any |
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ballot, including any supporting materials, challenged by the |
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person or person's watcher. The person must pay a reasonable charge |
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for making the copies and, if no photocopying equipment is |
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available, may supply that equipment at the person's expense. The |
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person shall provide a copy on request to another person entitled to |
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appoint watchers to serve at the recount. |
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SECTION 7. This Act takes effect September 1, 2011. |