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A BILL TO BE ENTITLED
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AN ACT
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relating to a forensic audit of 2020 election results in certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 16, Election Code, is amended by adding |
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Chapter 280 to read as follows: |
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CHAPTER 280. FORENSIC AUDIT OF 2020 GENERAL ELECTION |
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Sec. 280.001. DEFINITIONS. In this chapter: |
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(1) "Majority precinct" means a precinct in which the |
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candidate who received the greatest number of votes in the most |
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recent presidential election is the same candidate who received the |
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greatest number of votes in the majority of precincts in the county |
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in the same election. |
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(2) "Minority precinct" means a precinct in which the |
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candidate who received the greatest number of votes in the most |
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recent presidential election is not the candidate who received the |
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greatest number of votes in the majority of precincts in the county |
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in the same election. |
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Sec. 280.002. FORENSIC AUDIT OF 2020 GENERAL ELECTION. (a) |
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The governor, lieutenant governor, and speaker of the house of |
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representatives shall appoint an independent third party to conduct |
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a forensic audit of the general election that took place on November |
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3, 2020. |
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(b) The independent third party appointed under this |
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section shall audit certain precincts in each county with a |
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population of 415,000 or more, as described by Subsection (c). |
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(c) The independent third party appointed under this |
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section shall audit the following precincts: |
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(1) each minority precinct from a county described by |
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Subsection (b); and |
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(2) a number of randomly selected majority precincts |
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from a county described by Subsection (b) equal to the number of |
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minority precincts audited in that same county under Subdivision |
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(1). |
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(d) The audit under this section shall include an audit of |
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precinct election records, as defined by Section 66.002. |
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(e) For each county audited under this section, a |
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representative of the secretary of state and the county clerk shall |
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oversee the independent third party appointed under this section to |
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ensure a proper chain of custody is maintained and documented for |
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each voting system involved in the audit. |
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(f) The secretary of state shall implement a video |
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surveillance system that retains a record of all areas in which |
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audit activity takes place for the duration of the audit. The |
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secretary of state shall provide a live video stream of any audit |
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activity recorded under this subsection on the Internet website of |
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the secretary of state. |
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(g) The independent third party appointed under this |
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section may accept and use donations from any public or private |
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source to fund the audit. |
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(h) The audit under this section must begin not later than |
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November 1, 2021, and be completed not later than February 1, 2022. |
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(i) Not later than March 1, 2022, the independent third |
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party conducting the audit under this section shall submit a report |
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to the governor, the lieutenant governor, the speaker of the house |
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of representatives, the secretary of state, and each member of the |
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legislature detailing any anomalies or discrepancies in voter data, |
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ballot data, or tabulation. |
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(j) The secretary of state shall publish the report under |
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Subsection (i) on the Internet website of the secretary of state. |
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(k) This chapter expires April 1, 2022. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |