1-1 AN ACT
1-2 relating to the use of certain voting systems.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 121.003, Election Code, is amended by
1-5 adding Subdivision (17) to read as follows:
1-6 (17) "Direct recording electronic voting machine" or
1-7 "DRE" means a voting machine that is designed to allow a direct
1-8 vote on the machine by the manual touch of a screen, monitor, or
1-9 other device and that records the individual votes and vote totals
1-10 electronically.
1-11 SECTION 2. Section 123.001, Election Code, is amended by
1-12 adding Subsection (d) to read as follows:
1-13 (d) A voting system that uses a punch-card ballot or similar
1-14 form of tabulating card may not be adopted for use in elections,
1-15 except for purposes of early voting by mail, on or after September
1-16 1, 2001. This subsection does not prohibit the use of a punch-card
1-17 ballot system or similar form of tabulating card if such system was
1-18 adopted prior to September 1, 2001.
1-19 SECTION 3. Subchapter B, Chapter 123, Election Code, is
1-20 amended by adding Section 123.0331 to read as follows:
1-21 Sec. 123.0331. ACQUISITION OF PUNCH-CARD BALLOT EQUIPMENT
1-22 GENERALLY PROHIBITED. A contract to acquire the equipment
1-23 necessary for operating a voting system that uses a punch-card
1-24 ballot or similar form of tabulating card may not be executed or
2-1 renewed, except for purposes of early voting by mail, on or after
2-2 September 1, 2001.
2-3 SECTION 4. Section 124.061, Election Code, is amended by
2-4 amending Subsection (a) and adding Subsection (c) to read as
2-5 follows:
2-6 (a) Except as provided by Subsection (c), the [The]
2-7 punch-card ballot label may be any size, composition, and texture
2-8 that is suitable for the electronic voting system in which it is
2-9 used.
2-10 (c) The order of the candidates' and propositions'
2-11 punch-hole spaces and corresponding numbers on the ballot label
2-12 must be the same as the order in which the candidates' names and
2-13 the propositions are to appear on the ballot under Chapter 52.
2-14 SECTION 5. Section 125.061, Election Code, is amended by
2-15 adding Subsection (c) to read as follows:
2-16 (c) Before the polls open, an election officer shall check
2-17 each voting device and remove from the device any punch-card ballot
2-18 chads that have accumulated.
2-19 SECTION 6. Section 127.061, Election Code, is amended to read
2-20 as follows:
2-21 Sec. 127.061. [AUTHORITY TO USE] SEALED BALLOT BOXES
2-22 REQUIRED. Sealed [As an alternative to the procedure of Subchapter
2-23 B, the authority adopting the voting system may provide by
2-24 resolution, order, or other official action for the use of sealed]
2-25 ballot boxes shall be used to deliver electronic system ballots
2-26 from the polling place to the central counting station in
2-27 accordance with this subchapter.
3-1 SECTION 7. Section 127.125(b), Election Code, is amended to
3-2 read as follows:
3-3 (b) The manager shall have the ballots examined to detect
3-4 any irregularly marked ballots and to determine whether the ballots
3-5 to be counted automatically are ready for counting and can be
3-6 properly counted. The manager shall have each irregularly marked
3-7 ballot duplicated to indicate the intent of the voter if the
3-8 voter's intent is clearly ascertainable, unless other law prohibits
3-9 counting the vote. After making the appropriate determinations and
3-10 taking the appropriate actions, the manager [when ready] shall
3-11 approve the ballots [them] for counting.
3-12 SECTION 8. Subchapter E, Chapter 127, Election Code, is
3-13 amended by adding Section 127.1301 to read as follows:
3-14 Sec. 127.1301. TALLYING, TABULATING, AND REPORTING
3-15 PUNCH-CARD OR CENTRALLY COUNTED OPTICAL SCAN BALLOT UNDERVOTES AND
3-16 OVERVOTES. In an election using punch-card or centrally counted
3-17 optical scan ballots, the undervotes and overvotes on those ballots
3-18 shall be tallied, tabulated, and reported by race and by election
3-19 precinct in the form and manner prescribed by the secretary of
3-20 state.
3-21 SECTION 9. Section 127.151, Election Code, is amended by
3-22 amending Subsection (b) and adding Subsection (c) to read as
3-23 follows:
3-24 (b) An electronic voting system used under this subchapter
3-25 must require voters to deposit the ballots directly into a unit of
3-26 automatic tabulating equipment. The tabulating equipment shall be
3-27 programmed to return an irregularly marked ballot to the voter.
4-1 (c) The secretary of state shall prescribe any necessary
4-2 procedures, in addition to those prescribed by this subchapter, for
4-3 processing the election results.
4-4 SECTION 10. Title 8, Election Code, is amended by adding
4-5 Chapter 129 to read as follows:
4-6 CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
4-7 Sec. 129.001. CERTAIN DIRECT RECORDING ELECTRONIC VOTING
4-8 MACHINE PROCEDURES. (a) As part of the testing of the direct
4-9 recording electronic voting machine equipment before its use in a
4-10 particular election, the general custodian of election records
4-11 shall include a specific test of each machine's logic and accuracy
4-12 functions to ensure that the machine properly records, counts, and
4-13 tabulates the votes.
4-14 (b) Each direct recording electronic voting machine must
4-15 provide the voter with a screen in summary format of the voter's
4-16 choices for the voter to review before the vote is actually cast.
4-17 (c) During the early voting period, the early voting clerk
4-18 shall conduct a daily audit of the direct recording electronic
4-19 voting machines used in the election to ensure proper
4-20 correspondence among the numbers of ballots provided on the
4-21 machines, names on the poll list, and ballots cast on the machines.
4-22 (d) The general custodian of election records shall conduct
4-23 a recount sufficient to confirm the accuracy of the vote totals in
4-24 an election in which direct recording electronic voting machines
4-25 are used for the first time.
4-26 (e) The secretary of state shall prescribe any procedures
4-27 necessary to implement this section and to ensure the orderly and
5-1 proper administration of elections using direct recording
5-2 electronic voting machines.
5-3 SECTION 11. The following provisions of the Election Code are
5-4 repealed:
5-5 (1) Subchapter B, Chapter 127; and
5-6 (2) Section 127.062.
5-7 SECTION 12. The secretary of state shall prescribe any
5-8 necessary rules and take any appropriate action to implement this
5-9 Act and to facilitate the orderly phasing out of the general use of
5-10 punch-card ballot voting systems in this state.
5-11 SECTION 13. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1856 was passed by the House on May
3, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1856 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1856 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor