Bill Text: TX SB889 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to nonpartisan election watchers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to State Affairs [SB889 Detail]
Download: Texas-2021-SB889-Introduced.html
87R4503 MLH-D | ||
By: Eckhardt | S.B. No. 889 |
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relating to nonpartisan election watchers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 33.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 33.001. WATCHER DEFINED. In this code, "watcher" | ||
means a person appointed under this subchapter to observe the | ||
conduct of an election on behalf of a candidate, a political party, | ||
a nonpartisan election observation organization, or the proponents | ||
or opponents of a measure. | ||
SECTION 2. Section 33.007(d), Election Code, is amended to | ||
read as follows: | ||
(d) The number of watchers accepted for service on each side | ||
of a measure may not exceed the number authorized by this section. | ||
If the number of appointments exceeds the authorized number, the | ||
authority accepting the watchers for service shall accept the | ||
watchers in the order in which they present their certificates of | ||
appointment. A watcher appointed under Section 33.008 is not | ||
subject to the limitation of this subsection. | ||
SECTION 3. Subchapter A, Chapter 33, Election Code, is | ||
amended by adding Section 33.008 to read as follows: | ||
Sec. 33.008. APPOINTMENT BY NONPARTISAN ORGANIZATION. (a) | ||
A nonpartisan election observation organization that has been | ||
certified by the secretary of state in accordance with this section | ||
may appoint watchers. | ||
(b) The secretary of state shall certify qualifying | ||
nonpartisan election observation organizations within this state. | ||
The secretary of state shall adopt rules establishing criteria to | ||
determine whether an organization may be certified. The rules must | ||
require the organization and its appointed nonpartisan watchers to: | ||
(1) be impartial in substance and process; | ||
(2) cooperate with election officers; | ||
(3) be diligent in not obstructing the process; | ||
(4) be independent from the government, in the | ||
interest of promoting the right to vote; | ||
(5) be transparent and accountable with regard to | ||
funding, including refusal to accept funding from any source or | ||
under any condition that may create a conflict of interest; and | ||
(6) be vigilant in identifying and addressing | ||
potential and actual conflicts of interest. | ||
(c) A watcher appointed under this section is not entitled | ||
to: | ||
(1) sign the seal of a ballot box under Section | ||
127.066; or | ||
(2) sign the seal of a test material container under | ||
Section 127.099. | ||
SECTION 4. Section 33.031, Election Code, is amended to | ||
read as follows: | ||
Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except | ||
as provided by Subsection (b), to [ |
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a watcher, a person must be a qualified voter: | ||
(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; | ||
(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 | ||
(3) of the political subdivision, in an election | ||
ordered by an authority of a political subdivision other than a | ||
county. | ||
(b) A person appointed as a watcher under Section 33.008 is | ||
not subject to the requirements of Subsection (a) and is eligible to | ||
serve as a watcher if the person: | ||
(1) is a registered voter in this state; and | ||
(2) understands and agrees to comply with the | ||
principles and practices set forth in the Declaration of Global | ||
Principles for Nonpartisan Election Observation and Monitoring by | ||
Citizen Organizations and Code of Conduct for Nonpartisan Citizen | ||
Election Observers and Monitors, as commemorated by the United | ||
Nations on April 3, 2012. | ||
SECTION 5. Section 213.013, Election Code, is amended by | ||
adding Subsection (d-1) to read as follows: | ||
(d-1) In any recount, a watcher appointed under Section | ||
33.008 may be present. | ||
SECTION 6. This Act takes effect September 1, 2021. |