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AN ACT
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relating to auditable voting systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 127, Election Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. RISK-LIMITING AUDIT |
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Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies to an election: |
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(1) that occurs after August 31, 2026; |
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(2) that contains a race or measure that is voted on |
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statewide; and |
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(3) in which an auditable voting system described by |
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Section 129.003(a) is used. |
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Sec. 127.302. RISK-LIMITING AUDIT. (a) Not later than 24 |
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hours after all ballots have been counted in an election, the |
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general custodian of election records shall conduct a risk-limiting |
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audit for a selected statewide race or measure. |
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(b) The secretary of state shall select, in accordance with |
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rules adopted by the secretary, the precincts to be counted and the |
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office or proposition to be counted. |
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(c) The general custodian of election records shall |
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complete the audit not later than 24 hours before the time for |
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conducting the canvass of the election. |
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(d) The general custodian of election records shall post a |
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notice of the date, hour, and place of the audit in the custodian's |
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office and on the county's Internet website, if the county |
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maintains a website. |
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(e) A watcher may be present for the audit if appointed by a |
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candidate in the election. A watcher must deliver a certificate of |
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appointment to the general custodian of election records at the |
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time the watcher reports for service. The certificate must be in |
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writing and must include: |
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(1) the printed name and signature of the watcher; |
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(2) the election subject to the audit; and |
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(3) the printed name and signature of the candidate |
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making the appointment. |
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(f) The secretary of state may appoint personnel to assist |
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with the audit, including applicable voting system technicians or |
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representatives and persons who have assisted with the design and |
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implementation of the audit. |
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Sec. 127.303. RULES. (a) The secretary of state shall |
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adopt rules prescribing procedures necessary to implement this |
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subchapter. |
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(b) Rules adopted under this subchapter must include a rule, |
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using widely accepted statistical methods, that provides for the |
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number or percentage of paper records that must be counted in a |
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risk-limiting audit under Section 127.302. |
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Sec. 127.304. PUBLICATION OF RESULTS. The results of a |
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risk-limiting audit conducted under this subchapter must be |
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published on the Internet website of the secretary of state not |
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later than three days after the completion of the audit. |
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Sec. 127.305. PILOT PROGRAM. (a) Notwithstanding Section |
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127.301(1), the secretary of state shall conduct a pilot program, |
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beginning with the election taking place November 8, 2022, of the |
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risk-limiting audit program created under this subchapter. |
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(b) The secretary of state shall select at least five |
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counties to participate in the pilot program. At least one county |
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participating in the pilot program must have a population of at |
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least 500,000. |
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(c) After each election conducted under the pilot program, |
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the secretary of state shall send a detailed report to each member |
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of the legislature evaluating the success of the program and making |
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a recommendation as to whether the legislature should act to delay |
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the statewide implementation of the program. |
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(d) The secretary of state shall adopt rules as necessary to |
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implement this section. |
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(e) This section expires August 31, 2026. |
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Sec. 127.306. WAIVER NOT PERMITTED. The secretary of state |
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may not waive any requirements of this subchapter. |
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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. PAPER AUDIT TRAIL REQUIRED. (a) In this |
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section, "auditable voting system" means a voting system that: |
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(1) uses, creates, or displays a paper record that may |
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be read by the voter; and |
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(2) is not capable of being connected to the Internet |
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or any other computer network or electronic device. |
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(b) Except as otherwise provided by this section, a voting |
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system that consists of direct recording electronic voting machines |
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may not be used in an election unless the system is an auditable |
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voting system. |
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(c) The electronic vote is the official record of the vote |
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cast if a risk-limiting audit conducted under Section 127.302 |
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produces strong evidence that the reported outcome of the election |
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matches the results that a full counting of the paper records would |
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reveal. |
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(d) The paper record is the official record of the vote |
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cast: |
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(1) for a recount under Title 13, including a recount |
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of ballots cast on a system involving direct recording electronic |
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voting machines; |
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(2) for an election contest under Title 14; or |
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(3) if a risk-limiting audit conducted under Section |
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127.302 fails to produce strong evidence that the reported outcome |
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of the election matches the results that a full counting of the |
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paper records would reveal. |
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(e) An authority that purchased a voting system other than |
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an auditable voting system after September 1, 2014, and before |
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September 1, 2021, may use available federal funding and, if |
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federal funding is not available, available state funding to |
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convert the purchased voting system into an auditable voting system |
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in accordance with the following schedule: |
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(1) if the voting system was converted into an |
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auditable voting system not later than the election taking place |
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November 8, 2022, the authority is eligible to have 100 percent of |
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the cost of conversion reimbursed under this section; and |
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(2) if the authority is not eligible for a 100 percent |
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reimbursement of cost under Subdivision (1) and the voting system |
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was converted into an auditable voting system not later than the |
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election taking place November 3, 2026, the authority is eligible |
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to have 50 percent of the cost of conversion reimbursed under this |
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section. |
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(f) The secretary of state may use any available funds to |
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assist an authority with the purchase of an auditable voting system |
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if the funds have been appropriated for that purpose. |
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(g) Subsections (b), (c), and (d) do not apply to an |
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election held before September 1, 2026. |
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(h) A paper record generated by an auditable voting system |
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may be used only for the purposes described by this section and may |
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not be retained by the voter. |
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(i) Notwithstanding Subsection (b), a voter voting under |
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Section 64.009 may use a direct recording electronic voting machine |
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regardless of whether the direct recording electronic voting |
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machine is part of an auditable voting system. |
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(j) The secretary of state may not waive any requirements of |
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this section. |
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SECTION 3. Section 129.054, Election Code, is amended to |
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read as follows: |
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Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY. |
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(a) A voting system may not be connected to any external |
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communications network, including the Internet. Beginning |
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September 1, 2026, a voting system may not be capable of being |
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connected to any external or internal communications network, |
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including the Internet. |
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(b) A voting system may not have the capability of |
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permitting wireless communication unless the system uses |
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line-of-sight infrared technology that shields the transmitter and |
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receiver from external infrared transmissions and the system can |
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only accept transmissions generated by the system. Beginning |
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September 1, 2026, a voting system may not have the capability of |
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permitting wireless communication. |
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(c) The secretary of state may not waive any requirements of |
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this section. |
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SECTION 4. The secretary of state is required to implement a |
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provision of this Act only if the legislature appropriates money |
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specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the secretary of |
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state may, but is not required to, implement a provision of this Act |
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using other appropriations that are available for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 598 passed the Senate on |
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April 12, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 598 passed the House on |
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May 26, 2021, by the following vote: Yeas 136, Nays 8, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |