ELECTION CODE
CHAPTER 33. WATCHERS
SUBCHAPTER A. APPOINTMENT
§ 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,
or the proponents or opponents of a measure.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 33.002. APPOINTMENT BY CANDIDATE. (a) Watchers may
be appointed by each candidate whose name appears on the ballot or
the list of declared write-in candidates in an election for:
(1) a public office other than the office of
vice-president of the United States; or
(2) an office of a political party.
(b) In an election for an office of the state government
that is filled by voters of more than one county, watchers may also
be appointed by the candidate's campaign treasurer.
(c) In an election for an office of the federal government
that is filled by voters of more than one county, watchers may also
be appointed by the chair or treasurer of the candidate's principal
campaign committee or by a designated agent of the chair or
treasurer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 32, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1349, § 15, eff. Sept. 1, 1997.
§ 33.003. APPOINTMENT BY POLITICAL PARTY. (a) The
county chair of each political party that has one or more nominees
on the ballot may appoint watchers.
(b) If the county chair does not make an authorized
appointment, any three members of the county executive committee
may make the appointment.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 33, eff. Sept. 1, 1997.
§ 33.004. APPOINTMENT FOR WRITE-IN CANDIDATE. (a) A
group of registered voters may appoint watchers on behalf of a
write-in candidate in an election in which a declaration of
write-in candidacy is not required to be filed.
(b) To be eligible to participate in the appointment under
this section of a watcher for a precinct polling place, a person
must be a registered voter of the precinct. To be eligible to
participate in the appointment under this section of a watcher for
an early voting polling place, the meeting place of an early voting
ballot board, or a central counting station, a person must be a
registered voter of the territory served by that facility.
(c) The minimum number of voters required to make an
appointment under this section is the lesser of:
(1) 15; or
(2) five percent of the registered voters of the
appropriate territory as determined from the list of registered
voters to be used for the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.38; Acts 1991, 72nd Leg., ch.
554, § 9, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1349,
§ 16, eff. Sept. 1, 1997.
§ 33.005. APPOINTMENT FOR ELECTION ON MEASURE. (a) In
an election on a measure, watchers may be appointed by the campaign
treasurer or an assistant campaign treasurer of a specific-purpose
political committee that supports or opposes the measure.
(b) This section does not apply to a referendum measure
submitted at a primary election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 33.006. CERTIFICATE OF APPOINTMENT. (a) For an
appointment of a watcher to be effective, the appointing authority
must issue a certificate of appointment to the appointee.
(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;
(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; and
(6) contain an affidavit executed by the appointee
stating that the appointee will not have possession of any
mechanical or electronic means of recording images or sound while
serving as a watcher.
(c) In addition to complying with Subsection (b), a
certificate issued to a watcher appointed for a write-in candidate
under Section 33.004 must:
(1) include the residence address and voter
registration number of eligible signers in the required number;
(2) include the signed statement of the candidate, or
a person who would be authorized to make appointments on the
candidate's behalf if the candidate's name appeared on the ballot,
that the appointment is made with the signer's consent; and
(3) state the residence or office address of the
signer under Subdivision (2) and the capacity in which the signer
signs, if the statement is not signed by the candidate.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 498, § 1, eff. Sept. 1, 1987; Acts
1993, 73rd Leg., ch. 728, § 8, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 864, § 34, eff. Sept. 1, 1997; Acts 1997, 75th
Leg., ch. 1349, § 17, eff. Sept. 1, 1997.
§ 33.007. NUMBER AND PLACE OF SERVICE OF
WATCHERS. (a) Each appointing authority may appoint not more
than two watchers for each precinct polling place, meeting place
for an early voting ballot board, or central counting station
involved in the election.
(b) Each appointing authority may appoint not more than
seven watchers for each main or branch early voting polling place
involved in the election. Not more than two watchers appointed by
the same authority may be on duty at the same early voting polling
place at the same time.
(c) In an election in which the election officers serving at
a precinct polling place also serve as an early voting ballot board,
a watcher who is appointed for the precinct polling place may
observe the processing of early voting ballots by the early voting
ballot board, or separate watchers may be appointed to observe only
that activity.
(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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.39; Acts 1991, 72nd Leg., ch.
554, § 10, eff. Sept. 1, 1991.
SUBCHAPTER B. ELIGIBILITY
§ 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) To be
eligible to serve as 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) The Alcoholic Beverage Code supersedes this section to
the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 33.032. INELIGIBILITY OF CANDIDATE FOR PUBLIC
OFFICE. (a) A person is ineligible to serve as a watcher in an
election if the person is a candidate for a public office in an
election to be held on the same day.
(b) 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 33.033. INELIGIBILITY OF EMPLOYEE OR RELATIVE OF
ELECTION OFFICER. (a) A person is ineligible to serve as a
watcher at a particular location if the person is the employer of or
is employed by or related within the second degree by consanguinity
or affinity, as determined under Chapter 573, Government Code, to
an election judge, an election clerk, an early voting clerk, or a
deputy clerk serving at that location.
(b) For purposes of this section, a person is employed by an
election officer in the same circumstances that a person is
employed by a candidate under Section 32.054(b).
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.40; Acts 1991, 72nd Leg., ch.
554, § 11, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 561,
§ 16, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, §
5.95(27), eff. Sept. 1, 1995.
§ 33.034. INELIGIBILITY OF PUBLIC OFFICER. (a) A
person who holds an elective public office is ineligible to serve as
a watcher in an election.
(b) For purposes of this section, a deputy or assistant
serving under a public officer does not hold a public office.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 33.035. INELIGIBILITY OF PERSON CONVICTED OF ELECTION
OFFENSE. A person is ineligible to serve as a watcher in an
election if the person has been finally convicted of an offense in
connection with conduct directly attributable to an election.
Added by Acts 1997, 75th Leg., ch. 1349, § 18, eff. Sept. 1,
1997.
SUBCHAPTER C. SERVICE
§ 33.051. ACCEPTANCE OF WATCHER. (a) A watcher
appointed to serve at a precinct polling place, a meeting place for
an early voting ballot board, or a central counting station must
deliver a certificate of appointment to the presiding judge at the
time the watcher reports for service. A watcher appointed to serve
at an early voting polling place must deliver a certificate of
appointment to the early voting clerk or deputy clerk in charge of
the polling place when the watcher first reports for service.
(b) The officer presented with a watcher's certificate of
appointment shall require the watcher to countersign the
certificate to ensure that the watcher is the same person who signed
the certificate. Except as provided by Subsection (c), a watcher
who presents himself or herself at the proper time with a
certificate of appointment shall be accepted for service unless the
person is ineligible to serve or the number of appointees to which
the appointing authority is entitled have already been accepted.
(c) A watcher may not be accepted for service if the watcher
has possession of any mechanical or electronic means of recording
images or sound. The presiding judge may inquire whether a watcher
has possession of any prohibited recording device before accepting
the watcher for service.
(d) The certificate of a watcher serving at an early voting
polling place shall be retained at the polling place until voting at
the polling place is concluded. At each subsequent time that the
watcher reports for service, the watcher shall inform the clerk or
deputy in charge. The officer may require the watcher to sign the
watcher's name in the officer's presence, for comparison with the
signature on the certificate, if the officer is uncertain of the
watcher's identity.
(e) If a watcher is not accepted for service, the
certificate of appointment shall be returned to the watcher with a
signed statement of the reason for the rejection.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 498, § 2, eff. Sept. 1, 1987; Acts
1991, 72nd Leg., ch. 203, § 2.41; Acts 1991, 72nd Leg., ch. 554,
§ 12, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728, § 9,
eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 864, § 35, eff.
Sept. 1, 1997.
§ 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE. 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.
(b) to (e) Repealed by Acts 2003, 78th Leg., ch. 254, § 2.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 7, eff. Sept. 1, 1987; Acts
1997, 75th Leg., ch. 864, § 36, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 254, § 1, 2, eff. Sept. 1, 2003.
§ 33.053. HOURS OF SERVICE AT EARLY VOTING POLLING
PLACE. A watcher serving at an early voting polling place may be
present at the polling place at any time it is open and until
completion of the securing of any voting equipment used at the
polling place that is required to be secured on the close of voting
each day. The watcher may serve during the hours the watcher
chooses.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.42; Acts 1991, 72nd Leg., ch.
554, § 13, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864,
§ 37, eff. Sept. 1, 1997.
§ 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
MEETING. (a) A watcher serving at the meeting place of an early
voting ballot board may be present at any time the board is
processing or counting ballots and until the board completes its
duties. The watcher may serve during the hours the watcher chooses,
except as provided by Subsection (b).
(b) A watcher 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.43; Acts 1991, 72nd Leg., ch.
554, § 14, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864,
§ 38, eff. Sept. 1, 1997.
§ 33.055. HOURS OF SERVICE AT CENTRAL COUNTING
STATION. (a) A watcher serving at a central counting station may
be present at any time the station is open for the purpose of
processing or preparing to process election results and until the
election officers complete their duties at the station. The
watcher may serve during the hours the watcher chooses, except as
provided by Subsection (b).
(b) A watcher may not leave during voting hours on election
day without the presiding judge's permission if the counting of
ballots at the central counting station has begun.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 39, eff. Sept. 1, 1997.
§ 33.056. OBSERVING ACTIVITY GENERALLY. (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 conveniently near the election
officers conducting the observed activity.
(b) A watcher is entitled to sit or stand near enough to the
member of a counting team who is announcing the votes to verify that
the ballots are read correctly or to a member who is tallying the
votes to verify that they are tallied correctly.
(c) A watcher is entitled to inspect the returns and other
records prepared by the election officers at the location at which
the watcher is serving.
(d) A watcher may not be prohibited from making written
notes while on duty. Before permitting a watcher who made written
notes at a precinct polling place to leave while the polls are open,
the presiding officer may require the watcher to leave the notes
with another person on duty at the polling place, selected by the
watcher, for retention until the watcher returns to duty.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 33.057. OBSERVING PREPARATION OF VOTER'S
BALLOT. (a) A watcher is entitled to be present at the voting
station when a voter is being assisted by an election officer, and
the watcher is entitled to examine the ballot before it is deposited
in the ballot box to determine whether it is prepared in accordance
with the voter's wishes.
(b) A watcher may not be present at the voting station when a
voter is preparing the voter's ballot or is being assisted by a
person of the voter's choice.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 40, eff. Sept. 1, 1997.
§ 33.058. RESTRICTIONS ON WATCHER'S
ACTIVITIES. (a) While on duty, a watcher may not:
(1) converse with an election officer regarding the
election, except to call attention to an irregularity or violation
of law;
(2) converse with a voter; or
(3) communicate in any manner with a voter regarding
the election.
(b) A watcher may call the attention of an election officer
to any occurrence that the watcher believes to be an irregularity or
violation of law and may discuss the matter with the officer. An
officer may refer the watcher to the presiding officer at any point
in the discussion. In that case, the watcher may not discuss the
occurrence further with the subordinate officer unless the
presiding officer invites the discussion.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 33.059. OBSERVING SECURING OF VOTING SYSTEM EQUIPMENT
BEFORE ELECTION. (a) A watcher appointed to serve at a polling
place in an election using voting system equipment that is required
to be delivered to the polling place in a secured condition is
entitled to observe the inspection and securing of the equipment in
the jurisdiction of the authority responsible for distributing
election supplies to the polling place at which the watcher is
appointed to serve.
(b) On request of a watcher, the authority responsible for
distributing the election supplies shall inform the watcher of the
place, date, and hour of the inspection. A watcher shall be
admitted on presentation of a certificate of appointment. The
person admitting the watcher shall return the certificate to the
watcher.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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) 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.44; Acts 1991, 72nd Leg., ch.
554, § 15, eff. Sept. 1, 1991.
§ 33.061. UNLAWFULLY OBSTRUCTING WATCHER. (a) A
person commits an offense if the person serves in an official
capacity at a location at which the presence of watchers is
authorized and knowingly prevents a watcher from observing an
activity the watcher is entitled to observe.
(b) An offense under this section is a Class A misdemeanor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
