By: Hall S.B. No. 2464

A BILL TO BE ENTITLED

AN ACT

relating to elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 43, Election Code, is amended by adding Section 43.008 to read as follows:

Sec. 43.008. POLLING PLACES DURING ELECTION PERIOD. (a) Notwithstanding any other law, the county clerk or commissioners court, as applicable, shall determine the number of polling places needed during an election period and cause that number of polling places to be open during the election period.

SECTION 2. Section 51.005(a), Election Code, is amended to read as follows:

(a) The authority responsible for procuring the election supplies for an election shall provide for each election precinct a number of secure paper ballots equal to at least the number[percentage] of qualified voters [who voted] in that precinct [in the most recent corresponding election] plus 10 [25] percent of that number[, except that the number of ballots provided may not exceed the total number of registered voters in the precinct].

SECTION 3. Section 61.002(c), Election Code, is amended to read as follows:

(c) Immediately after closing the polls for voting [on election day], the presiding election judge or alternate election judge shall print the tape to show the number of votes cast for each candidate or ballot measure for each voting machine.

SECTION 4. Section 62.008(b), Election Code, is amended to read as follows:

(b) The judge shall sign each ballot [or an election officer shall stamp a facesmile of the judge's signature on each ballot].

(c) The signing of a ballotsneed not be completed before the polls open shall occur for each voter when a voter is handed a ballot[,-]. [but a] An unsigned ballot may not be made available for selection by the voters.

SECTION 5. Section 63.002(d), Election Code, is amended to read as follows:

(d) A [The] signature roster [may be] in the form of an electronic device may not be used in an election [approved by the secretary of state that is capable of capturing a voter's signature next to the voter's name on the device. The secretary of state shall adopt rules governing the processing of electronic signatures captured under this subsection].

SECTION 6. Section 63.003, Election Code, is amended by amending (d) and adding subsection (e) to read as follows:

(d) A [Thc] poll list [may be] in the form of an electronic device may not be used in an election [approved by the secretary of state. The secretary of state shall adopt rules governing the use of electronic poll list].

(e) A paper poll list for each precinct shall be printed 30 days prior to the start of voting by personal appearance. The secretary of state shall prescribe special instructions for maintaining a secure chain-of-custody of the poll list.

SECTION 7. Section 63.004(e), Election Code, is amended to read as follows:

(e) A combination form [may be] in the form of an electronic device may not be used in an election [approved by the secretary of state. The secretary of statc shall adopt rulcs governing the minimum requirements and approval of an electronic device used for any form used in connection with the acceptance of voters at a polling place].

SECTION 8. Section 64.009, Election Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:

(d) On the voter's request for assistance in marking the ballot, two election officers aligned with different political parties shall provide assistance in marking the ballot in the manner prescribed by Section 64.032 [a person accompanying the voter shall be permitted to select the voter's ballot and deposit the ballot in the ballot box].

(d-1) Any non-disabled person accompanying the voter shall exit the vehicle and remain outside of the vehicle unless the person is selected by the voter under Section 64.032(c).

SECTION 9. Chapter 65, Election Code, is amended by adding Section 65.101 to read as follows:

Section 65.101. PARTIAL HAND COUNT REQUIRED. (a) Notwithstanding any other provision of this code, immediately after closing the polls for voting, each presiding precinct judge shall conduct by hand a partial count of voted ballots for a selected number of races according to the counting procedures set forth in this Section.

(b) The secretary of state shall prescribe a process for conducting a partial count that must include a selection of at least two ballot races and 10 percent of the precincts in the county.

(c) The secretary of state shall provide training for election officers to carry out this Section.

SECTION 10. Section 66.052, Election Code, is amended to read as follows:

Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY. (a) A delivery of election records or supplies that is to be performed by the presiding judge may be performed by an election clerk designated by the presiding judge.

(b) If the presiding judge of a polling place designates a clerk to deliver election supplies, the presiding judge shall attest to the designation, and the clerk shall attest to the clerk's acceptance of the responsibility. The secretary of state shall create and promulgate a form to facilitate compliance with this section.

SECTION 11. Section 66.058(f), Election Code, is amended to read as follows:

(f) Except for unused ballots, the [The] records in ballot box no. 4 may be preserved in that box or by any other method chosen by the custodian. If the records are removed from the box, they may not be commingled with any other election records kept by the custodian. Immediately after closing the polls for voting, the custodian shall spoil any unused ballots in ballot box no. 4 and document the number of spoiled, unused ballots on the reconciliation form.

SECTION 12. Section 67.004(d), Election Code, is amended to read as follows:

(d) The canvassing authority shall [may] compare the precinct returns with the corresponding tally list. If a discrepancy is discovered between the vote totals shown on the returns and those shown on the tally list for a precinct, the presiding judge of the precinct shall examine the returns and tally list and make the necessary corrections on the returns. The county canvassing authority shall verify that the precinct returns are accurately and truly reflected in the county returns.

SECTION 13. Section 67.007(d) is amended to read as follows: Not later than 24 hours after completion of the local canvass, the county clerk shall deliver to the secretary of state, in the manner directed by the secretary, the county returns. The secretary of state shall post the preliminary county returns on a precinct-by-precinct basis on the secretary of state's Internet website. Not later than 24 hours after the secretary of state posts the county returns, the county clerk shall verify that the county returns are accurately and truly reflected on the secretary of state's website.

SECTION 14. Section 67.013, Election Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) The secretary of state shall compare the county returns with the corresponding local election register. If a discrepancy is discovered between the vote totals shown on the returns and those shown in the register, the secretary of state shall examine the returns and register and make the necessary corrections on the returns.

SECTION 15. Subchapter A, Chapter 68, Election Code, is amended by adding Section 68.0061 to read as follows:

Sec. 68.0061. PAPER COPY OF REPORTS. The secretary of state shall create and maintain a paper copy of any of the reports prepared under this subchapter to be stored with the other election records for the preservation period.

SECTION 16. Section 68.007(b), Election Code, is amended to read as follows:

(b) Not later than 48 hours after receiving the vote totals of each county, the [The] secretary of state shall [may] post for public inspection on the secretary of state's Internet website any of the reports prepared under this subchapter. Where applicable, such reports shall be posted on a precinct-by-precinct basis.

SECTION 17. Section 68.008, Election Code, is amended to read as follows:

Sec. 68.008. BACKUP SYSTEM. The secretary of state shall provide a secure backup system for the tabulation of the results that satisfies the requirements of the rules adopted by the secretary of state under Section 279.002.

SECTION 18. Section 68.034, Election Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) The county clerk shall contact [transmit periodically], by telephone or other secure electronic means, [to] the secretary of state to provide the results for the races being tabulated by the secretary. The results shall be transmitted continuously until complete.

(a-1) The precinct totals for each contested race or measure shall be posted on the county clerk's Internet website. The secretary of state shall adopt rules and implement procedures necessary to investigate any discrepancy in the precinct totals reported on a county clerk's Internet website and the secretary of state's Internet website.

SECTION 19. Subchapter C, Chapter 68, Election Code, is amended by adding Section 68.0551 to read as follows:

Sec. 68.0551. POSTING OF REPORT. Not later than 48 hours after receiving a written report prepared under this subchapter, the secretary of state shall post the report on the secretary of state's Internet website.

SECTION 20. Section 125.003, Election Code, is amended to read as follows:

Sec. 125.003. DELIVERY OF EQUIPMENT TO POLLING PLACES. (a) The secretary of state shall prescribe procedures governing delivery of voting system equipment to polling places to protect the equipment from tampering and damage.

(b) The procedures prescribed by the secretary of state under this section may allow voting system equipment to be delivered on a day before early voting begins and for additional voting system equipment to be delivered after early voting begins. The procedures may not allow for voting system equipment or ballot bins or boxes to be collected until all voting is completed and the results tapes are printed.

SECTION 21. Subchapter A, Chapter 125, Election Code, is amended by adding Section 125.0071 to read as follows:

Sec. 125.0071. PROVISION OF PAPER BALLOT. A ballot printed on secure paper shall be provided to each voter. A paper ballot provided under this section, after being voted by the voter, must be scanned at the polling place with a non-software-programmable optical scanner. The secretary of state shall prescribe specifications for a secure ballot and an optical scanner that meets the requirements of this section.

SECTION 22. Subchapter A, Chapter 125, Election Code, is amended by adding Section 125.011 to read as follows:

Sec. 125.011. USE OF BALLOT MARKING DEVICE. A voting system that consists of a ballot marking device may not be used in an election.

SECTION 23. Chapter 279, Election Code, is amended by adding Section 279.004 to read as follows:

Sec. 279.004. TRANSMISSION BETWEEN SECRETARY OF STATE AND COUNTY ELECTION OFFICERS. (a) In this section, "asymmetric cryptography" means a system of cryptography that employs a pair of keys, one known to county election officers, the other only known to the secretary of state, to encrypt and decrypt the transmission of election data.

(b) Any transmission of election data that occurs between the secretary of state and a county election officer must be done through:

(1) a secure virtual private network; or

(2) a landline link that employs asymmetric cryptography.

SECTION 24. The following provisions of the Election Code are repealed:

(1) Section 31.014;

(2) Section 43.004 (c);

(3) Section 43.007;

(4) Section 63.004 (e);

(5) Section 63.002 (d);

(6) Sections 64.009 (f), (f-1), (g), and (h);

(7) Section 82.003;

(8) Section 84.0111 (c);

(9) Sections 85.001 (b) and (e); and

(10) Section 85.062 (f-1).

SECTION 25. The changes in law made by this Act apply only to an election held on or after the effective date of this Act. An election held before the effective date of this Act is governed by the law in effect when the election was held, and that law is continued in effect for that purpose.

SECTION 26. 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.