| |
| |
| |
|
|
AN ACT
|
|
|
relating to establishing a pilot program for recording ballot |
|
|
counting activity. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 65, Election Code, is |
|
|
amended by adding Section 65.017 to read as follows: |
|
|
Sec. 65.017. VIDEO RECORDING OF BALLOT COUNTING AND |
|
|
PROCESSING. (a) Except as provided by Subsection (d), the |
|
|
secretary of state shall 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; 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; and |
|
|
(C) provisional ballots. |
|
|
(b) The secretary of state shall 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) The secretary of state shall adopt procedures to |
|
|
implement this section, including procedures to determine which |
|
|
counties may participate in the pilot program under this section. |
|
|
(d) The procedures adopted under Subsection (c) may not |
|
|
violate the requirements of Section 61.014. |
|
|
(e) The secretary of state shall operate the pilot program |
|
|
established under this section until January 1, 2025. |
|
|
(f) Not later than January 1, 2025, the secretary of state |
|
|
shall file a report with the legislature. The report must 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 |
|
|
(C) best devices for clarity; |
|
|
(4) the cost and availability of broadband Internet |
|
|
connectivity required to implement the program; and |
|
|
(5) any other information and recommendations |
|
|
considered necessary by the secretary of state. |
|
|
(g) This section expires January 1, 2025. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 246 was passed by the House on May 3, |
|
|
2023, by the following vote: Yeas 83, Nays 58, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 246 was passed by the Senate on May |
|
|
18, 2023, by the following vote: Yeas 19, Nays 12. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |