CHAPTER 34. STATE INSPECTORS
ELECTION CODE
TITLE 3. ELECTION OFFICERS AND OBSERVERS
CHAPTER 34. STATE INSPECTORS
Sec. 34.001. APPOINTMENT OF STATE INSPECTORS. (a) The
secretary of state may appoint one or more state inspectors for
an election.
(b) The secretary of state shall appoint one or more inspectors
for an election if the secretary receives a written request for
the appointment from 15 or more registered voters:
(1) of the county for which the inspector is requested, for an
election ordered by the governor or a county authority or for a
primary election; or
(2) of the political subdivision in which the election specified
by the request is held, for an election ordered by an authority
of a political subdivision other than a county.
(c) A request under Subsection (b) must be received by the
secretary of state not later than the fourth regular business day
before the date of the election for which the inspectors are
requested. The request is not available for public inspection
until the day after election day.
(d) State inspectors are responsible to the secretary of state
and subject to the secretary's direction. The secretary may
terminate an appointment at any time.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 10, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 864, Sec. 41, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1349, Sec. 19, eff. Sept. 1, 1997.
Sec. 34.002. DUTIES AND PRIVILEGES. (a) Except as provided by
Subsection (b), a state inspector is entitled to be present at
and observe any function or activity at a polling place, central
counting station, place of canvass, or other place at which
official election or voter registration functions or activities
take place. An inspector may take reasonable steps to obtain
evidence of the manner in which a function or activity is being
performed.
(b) A state inspector may not observe the preparation of the
ballot of a voter not being assisted by an election officer.
(c) A state inspector shall report to the secretary of state any
violation of law that the inspector observes.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 34.003. TRAVEL EXPENSES. Subject to specific legislative
appropriation, the secretary of state may reimburse state
inspectors for travel expenses in an amount determined by the
secretary but not to exceed travel expenses allowable to state
employees generally.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 34.004. INSPECTIONS BY SECRETARY OF STATE. The secretary
of state or a member of the secretary's staff may make
inspections in the same manner as state inspectors whether or not
a violation of election laws is suspected.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 34.005. ACTION BY SECRETARY OF STATE. The secretary of
state may refer a reported violation of law for appropriate
action to the attorney general, if the attorney general has
jurisdiction, or to a prosecuting attorney having jurisdiction.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.