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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a pilot program for recording ballot |
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counting activity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 65, Election Code, is |
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amended by adding Section 65.017 to read as follows: |
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Sec. 65.017. VIDEO RECORDING OF BALLOT COUNTING AND |
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PROCESSING. (a) Except as provided by Subsection (d), the |
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secretary of state shall establish a pilot program requiring a |
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county to use a video recording device to record: |
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(1) all areas containing voted ballots in: |
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(A) each central counting station in the manner |
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required by Section 127.1232; or |
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(B) if the county has not established a central |
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counting station, not less than 20 percent of precincts in the |
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county; and |
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(2) ballot counting activity performed by the early |
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voting ballot board after the polls close on election day, |
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including the processing of: |
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(A) early voting ballots voted by mail; |
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(B) early voting ballots voted by mail that have |
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had a defect corrected under Section 87.0411; and |
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(C) provisional ballots. |
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(b) The secretary of state shall select six counties to take |
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part in the pilot program, including: |
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(1) two counties with a population of more than |
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100,000 and not more than 500,000; |
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(2) two counties with a population of not less than |
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50,000 and not more than 100,000; and |
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(3) two counties with a population of not more than |
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5,000. |
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(c) The secretary of state shall adopt procedures to |
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implement this section, including procedures to determine which |
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counties may participate in the pilot program under this section. |
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(d) The procedures adopted under Subsection (c) may not |
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violate the requirements of Section 61.014. |
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(e) The secretary of state shall operate the pilot program |
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established under this section until January 1, 2025. |
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(f) Not later than January 1, 2025, the secretary of state |
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shall file a report with the legislature. The report must state: |
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(1) which counties participated in the pilot program; |
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(2) the number of precincts and central counting |
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stations that recorded video; |
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(3) any best practices for placement and use of the |
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video recording devices, including: |
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(A) best angles for visibility; |
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(B) best distance between device and counting |
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station; and |
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(C) best devices for clarity; |
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(4) the cost and availability of broadband Internet |
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connectivity required to implement the program; and |
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(5) any other information and recommendations |
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considered necessary by the secretary of state. |
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(g) This section expires January 1, 2025. |
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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 September 1, 2023. |