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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for the testing of voting system |
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equipment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 127.094(b), Election Code, is amended to |
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read as follows: |
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(b) A group of test ballots, including ballots by mail, |
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shall be counted with the equipment using the program prepared for |
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processing the ballots voted in the election. The test ballots must |
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be printed on the same stock as the official ballots for the |
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election. |
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SECTION 2. Section 129.023, Election Code, is amended by |
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amending Subsection (c) and adding Subsection (c-2) to read as |
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follows: |
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(c) The general custodian of election records shall adopt |
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procedures for testing that: |
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(1) direct the testing board to cast votes; |
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(2) verify that each contest position, as well as each |
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precinct and ballot style, on the ballot can be voted and is |
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accurately counted; |
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(3) include overvotes and undervotes for each race, if |
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applicable to the system being tested; |
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(4) include write-in votes, when applicable to the |
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election; |
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(5) include provisional votes, if applicable to the |
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system being tested; |
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(6) calculate the expected results from the test |
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ballots; |
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(7) ensure that each voting machine has any public |
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counter reset to zero and presented to the testing board for |
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verification before testing; |
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(8) require that, for each feature of the system that |
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allows disabled voters to cast a ballot, at least one vote be cast |
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and verified by a two-person testing board team using that feature; |
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[and] |
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(9) require that, when all votes are cast, the general |
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custodian of election records and the testing board observe the |
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tabulation of all ballots and compare the actual results to the |
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expected results; |
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(10) include the testing of optical scanners and |
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ballot marking devices, if applicable to the system being tested; |
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(11) require that each test ballot is marked and |
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labeled as a test ballot to ensure that it is not used to cast votes |
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in an election; |
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(12) require that, for a test ballot marked by hand, |
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the votes are cast and verified by a two-person testing board team; |
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and |
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(13) require that, if the general custodian of |
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election records discovers a discrepancy in the actual and expected |
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results under Subdivision (9), the general custodian of election |
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records must: |
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(A) reconcile or verify the discrepancy; |
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(B) provide a written explanation for the |
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discrepancy; |
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(C) publish the written explanation described by |
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Paragraph (B) on the county's Internet website; and |
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(D) immediately following the completion of the |
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test, conduct another test open to the public in accordance with the |
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procedures provided by this section. |
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(c-2) For purposes of Subsection (c-1), a representative |
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sample of voting system equipment consists of the lesser of 10 units |
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of voting system equipment or five percent of the total number of |
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units of voting system equipment to be used by the county in an |
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election. |
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SECTION 3. The changes in law made by this Act apply only to |
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an election that is ordered on or after the effective date of this |
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Act. |
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SECTION 4. 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, 2025. |