BILL ANALYSIS

Senate Research Center	H.B. 246
88R23144 MLH-D	By: Swanson; Smith (Bettencourt)
	State Affairs
	5/12/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Concerns have been raised regarding the integrity of elections conducted in Texas, particularly concerning fraudulent activity potentially occurring in ballot counting rooms. There have been calls to ensure that ballot counting activity is aboveboard and held accountable at all times. While the 87th Legislature passed legislation during its 2nd Called Session that required video surveillance of areas where ballots are being counted in counties with a population greater than 100,000, there are few existing mechanisms to run the surveillance in these areas effectively. Furthermore, the population threshold for this requirement excludes many Texas counties. Some observers have also noticed that the distance between camera placements and ballot counting activity in current surveillance practices often inhibits a viewer's ability to observe details of the process. H.B. 246 seeks to optimize the surveillance of ballot counting activities statewide by requiring the secretary of state to establish a pilot program for recording activity in certain counties.

H.B. 246 amends current law relating to establishing a pilot program for recording ballot counting activity.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 65, Election Code, by adding Section 65.017, as follows:

Sec. 65.017. VIDEO RECORDING OF BALLOT COUNTING AND PROCESSING. (a) Requires the secretary of state (SOS), except as provided by Subsection (d), to establish a pilot program requiring a county to use a video recording device to record:

(1) all areas containing voted ballots in:

(A) each central counting station in the manner required by Section 127.1232 (Security of Voted Ballots); or

(B) if the county has not established a central counting station, not less than 20 percent of precincts in the county; and

(2) ballot counting activity performed by the early voting ballot board after the polls close on election day, including the processing of:

(A) early voting ballots voted by mail;

(B) early voting ballots voted by mail that have had a defect corrected under Section 87.0411 (Opportunity to Correct Defect); and

(C)� provisional ballots.

(b) Requires SOS to select six counties to take part in the pilot program, including:

(1) two counties with a population of more than 100,000 and not more than 500,000;

(2) two counties with a population of not less than 50,000 and not more than 100,000; and

(3) two counties with a population of not more than 5,000.

(c) Requires SOS to adopt procedures to implement this section, including procedures to determine which counties are authorized to participate in the pilot program under this section.

(d) Prohibits the procedures adopted under Subsection (c) from violating the requirements of Section 61.014 (Use of Certain Devices).

(e) Requires SOS to operate the pilot program established under this section until January 1, 2025.

(f) Requires SOS, not later than January 1, 2025, to file a report with the legislature. Requires that the report state:

(1) which counties participated in the pilot program;

(2) the number of precincts and central counting stations that recorded video;

(3) any best practices for placement and use of the video recording devices, including:

(A) best angles for visibility;

(B) best distance between device and counting station; and

(4) the cost and availability of broadband Internet connectivity required to implement the program; and

(5) any other information and recommendations considered necessary by SOS.

(g) Provides that this section expires January 1, 2025.

SECTION 2. Effective date: upon passage or September 1, 2023. �