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A BILL TO BE ENTITLED
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AN ACT
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relating to a voting system that produces a voter-verifiable paper |
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record. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 43.007(c) and (d), Election Code, are |
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amended to read as follows: |
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(c) In conducting the program, the secretary of state shall |
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provide for an audit of the voting system equipment [direct |
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recording electronic voting units] before and after the election, |
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and during the election to the extent such an audit is practicable. |
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(d) The secretary of state shall select to participate in |
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the program each county that: |
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(1) has held a public hearing under Subsection (b); |
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(2) has submitted documentation listing the steps |
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taken to solicit input on participating in the program by |
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organizations or persons who represent the interests of voters; |
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(3) has implemented a computerized voter registration |
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list that allows an election officer at the polling place to verify |
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that a voter has not previously voted in the election; |
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(4) uses direct recording electronic voting machines, |
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ballot marking devices, or hand-marked scannable paper ballots that |
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are printed and scanned at the polling place or any other type of |
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voting system equipment that the secretary of state determines is |
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capable of processing votes for each type of ballot to be voted in |
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the county; and |
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(5) is determined by the secretary of state to have the |
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appropriate technological capabilities. |
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SECTION 2. Subchapter A, Chapter 129, Election Code, is |
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amended by adding Section 129.003 to read as follows: |
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Sec. 129.003. AUDITABLE VOTING SYSTEM. (a) In this |
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section: |
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(1) "Auditable voting system" means a voting system |
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that produces a voter-verifiable paper record. |
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(2) "Voter-verifiable paper record" means a paper |
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record of an electronically generated ballot that may be: |
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(A) reviewed and corrected by the voter at the |
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time the ballot is cast; and |
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(B) used for a recount in an election in which |
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electronically generated ballots were used. |
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(b) Beginning September 1, 2021, an authority of a political |
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subdivision may not purchase a voting system consisting of direct |
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recording electronic voting machines that is not an auditable |
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voting system. |
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(c) Beginning September 1, 2030, a voting system consisting |
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of direct recording electronic voting machines may not be used in an |
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election unless the system is an auditable voting system. |
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SECTION 3. 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 September 1, 2021. |