- -- 

THEATTORNEYGENERAL 

OF TEXAS 

AUSTIN 11. TEXAS 

W’ILL WILSON 

AlTORNEy GENERA=. 

March 27, 1961 

Honorable Joe Resweber Opinion No. W-1026 

County Attorney 

Harris County Courthouse Re: Is it mandatory that 

Houston 2, Texas "watchers" of elections 

in counties using voting machines be qualified 

voters of the election 

precinct In which they 

Dear Mr. Resweber: are named to serve? 

You have requested an opinion of this office as to 

whether It Is mandatory that "watchers" of elections in 

counties using voting machines be qualified voters of the 

election precinct In which they are named to serve. 

Section 24 of Article 7.14 of the V.A.T.S. Election 

Code, providing for voting machines reads, in part, as 

follows: 

. But each political party concerned in 

an election is entitled to name one watcher 

for each voting precinct where voting machines 

are used, said watcher to be recognized by the 

presiding officer of that precinct upon the 

presentation of a certificate signed by the 

County Chairman of that political party, and 

any candidate for a State office, the State 

Senate, any candidate for Representative in 

the House of the Legislature of Texas, or any 

candidate for District Judge, or any one-fifth 

(l/5) of the candidates for any county offices, 

or any one-fifth (l/5) of the candidates for 

precinct offices; or any candidate for mayor, 

or any candidate for city commissioner in 

municipalities, or any three (3) candidates In 

a school election, or the proponents or the 

opponents of a bond issue, may name one watcher 

for each precinct In an election or primary 

election for each precinct where voting machines 
Honorable Joe Resweber, Page 2 (~~-1026) 

are used. Any candidate for the United States 

Senate or Representative in the House of the 

United States Congress may name one watcher for 

each election precinct where a voting machine is 

used. The candidate desiring representation by a 

watcher shall sign a certificate setting out the 

name of the person, the number of the precinct 

where such watcher is to serve, such certificate 

to bear the signature of the candidate or candldates entitled to representatlon, together with 

the signature of the bearer. The presiding 

officer of ,the election must require a countersignature and preserve the certificate of the 

bearer to make certain he is the identical person 

referred to in the certificate but cannot for any 

other reason refuse to permit such watcher to 

serve. For their services election officials~and 

employees shall be paida~sum to be set by the 

authority charged with holding the election or primary election, but not less than the amount set now 

by law and not more than Ten Dollars ($10) per day, 

provided, however that no election official shall 

be paid more thanthe pro-rata part of two (2) hours 

overtime after the polls are closed. Watchers, a 

necessary adjunct to an election with voting machines, 

may be paid by the interest they represent, but not to 

exceed Ten Dollars ($10) per day, provided, however, 

that the authority holding such election shall not 

pay for the services of such watchers." 

Section 25 of Article 7.14 of the V.A.TiS. Election Code 

reads, In part, as follows: 

I, 

. . . The provisions of this Act shall apply 

only in counties in which such voting machine is 

adopted for use at elections. 

1, 

. . . 

"The term 'watcher' is similar to supervisor 

in meaning but he is an official of the election 

in this Act. 

492, art. 79." 

Acts 1951,, 52nd Leg., p. 1097, ch. 

First, we would like to state that we believe the provisions of Section 24, Article 7.14, relating to "watchers" 

and their qualifications in counties using voting machines 
Honorable Joe Resweber, Page 3 W-1026) 

are crystal clear and there is no requirement that the 

"watchers" In counties where voting machines are used be 

qualified voters of the election precinct In which they 

are named to serve. The general rule of construction Is 

that a statute that is plain and unambiguous, if construed at all, will be Interpreted literally. Exceptions, 

exemptions or llmltatlons may not ordinarily be read into 

a statute, nor may conditions, restrictions or requirements, 

be read out of it. And where a literal construction of a 

provision does not bring it Into conflict with any other 

part of the Act, it will be given the meaning which its 

reading Imports. 39 Tex. Jur. 180, Statutes, Sec. 95. 

However, the basic question involved In the answer to 

your question Is whether It was the Intent of the Leglslature to require "watchers" of elections In counties using 

voting machines to have the same qualifications as supervisors in elections where voting machines are not used. 

In determining the intent of the Legislature, we think 

it is important to study the history of Section 24 of Article 

7.14 of the Texas Election Code. The original laws pertalning to voting machines were enacted by the Forty-first Legislature, Fourth Called Session, 1930, Chapter 33, Page 50. 

The pertinent provisions of Section 24 regarding "watchers" 

in counties using voting machines read In the original enactment the same as they read today. In 1937, the Legislature 

amended certain parts of the statutes on voting machines but 

the provisions of Section 24 which are here under consideration remained the same although other provisions of those 

sections were amended by the Acts of the Forty-fifth Legislature, Second Called Session, 1937, Chapter 52, Page 1953. In 

1945, certain provisions of Section 24 were amended but again 

the Legislature failed to amend the provisions of Section 24 

pertaining to "watchers" that we are here considering. (Acts 

of the 49th Leg., 1945, ch. 280, p. 446). 

It can readily be seen by comparing the wording of the 

original statute and the two amended statutes with the present Section 24, quoted earlier In this opinion, that there 

was absolutely no change in the wording of the provisions 

concerning "watchers" in counties where voting machines are 

used. If it had been the intent of the Legislature to set up 

additional qualifications or disqualifications for "watchers" 

In counties using voting machines, we think the Legislature 

would have acted, particularly when other provisions of the 

same section were under consideration and re-study. 
Honorable Joe Resweber, Page 4 (~~-1026) 

As stated in paragraph 2, Section 25, Article 7.14, 

quoted above, the Articles relating to voting machines are 

special statutes, the provisions of which are to apply only 

in counties in which voting machines are adopted for use at 

elections. There is another firmly established principle 

of statutory construction that where an enactment contains 

a specific provision which Is at variance with a general provision. the soecific orovislon is treated as an exceotlon to 

the general and controls the subject matter which comes within its terms. City of Austin v. Cahill, 99 Tex. 172, 88 S.W. 

542 (1905); Gabbert v. City of Brownwood, 176 S.W.2d 344 

(Clv.App. 1943, error ref.), It therefore, follows that the 

specific provisions of Section 24 of Article 7.14 relating to 

"watchers" In counties where voting machines are used controls over the general statutes relating to supervisors in 

counties where voting machines are not used. 

As set out In Section 24, Article 7.14, the only requirement that "watchers" in counties where voting machines are 

used must meet is the requirement that a certificate, properly prepared as set out by Section 24, Article 7.14, be presented to the presiding officer of the election in the precinct 

where the "watcher" is to serve and where voting machines are 

used. There Is no provision In this Article, either by impllcation or otherwise, that the "watchers" be qualified voters 

In the precinct in which they are named to serve. Therefore, 

it is the opinion of this department that "watchers" of elections in counties using voting machines are not required to 

be qualified voters of the election precinct in which they are 

named to serve. 

SUMMARY 

In counties where voting machines are 

used, the provisions of Section 24, 

Article 7.14 of the V.A.T.S. Election 

Code relating to “watchers” control. 

Therefore, "watchers" of elections In 

counties using voting machines are not 

required to be qualified voters of the 
Honorable Joe Resweber, Page 5 (WW-1026) 

election precinct in which they are 

named to serve, there being no such 

qualification in the law. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

1BW:mm 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

W. Ray Scruggs 

Raymond V. Loftin, Jr. 

John Reeves 

William E. Allen 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Morgan Nesbitt