1-1 By: Danburg, Madden (Senate Sponsor - Shapiro) H.B. No. 1856
1-2 (In the Senate - Received from the House May 4, 2001;
1-3 May 7, 2001, read first time and referred to Committee on State
1-4 Affairs; May 10, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; May 10, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Shapleigh
1-7 Amend H.B. 1856 as follows:
1-8 On page 1, line 28, add the following sentence:
1-9 "This subdivision does not prohibit the use of a punch card ballot
1-10 system or similar form of tabulating card if such system was
1-11 adopted prior to September 1, 2001."
1-12 A BILL TO BE ENTITLED
1-13 AN ACT
1-14 relating to the use of certain voting systems.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Section 121.003, Election Code, is amended by
1-17 adding Subdivision (17) to read as follows:
1-18 (17) "Direct recording electronic voting machine" or
1-19 "DRE" means a voting machine that is designed to allow a direct
1-20 vote on the machine by the manual touch of a screen, monitor, or
1-21 other device and that records the individual votes and vote totals
1-22 electronically.
1-23 SECTION 2. Section 123.001, Election Code, is amended by
1-24 adding Subsection (d) to read as follows:
1-25 (d) A voting system that uses a punch-card ballot or similar
1-26 form of tabulating card may not be adopted for use in elections,
1-27 except for purposes of early voting by mail, on or after September
1-28 1, 2001.
1-29 SECTION 3. Subchapter B, Chapter 123, Election Code, is
1-30 amended by adding Section 123.0331 to read as follows:
1-31 Sec. 123.0331. ACQUISITION OF PUNCH-CARD BALLOT EQUIPMENT
1-32 GENERALLY PROHIBITED. A contract to acquire the equipment
1-33 necessary for operating a voting system that uses a punch-card
1-34 ballot or similar form of tabulating card may not be executed or
1-35 renewed, except for purposes of early voting by mail, on or after
1-36 September 1, 2001.
1-37 SECTION 4. Section 124.061, Election Code, is amended by
1-38 amending Subsection (a) and adding Subsection (c) to read as
1-39 follows:
1-40 (a) Except as provided by Subsection (c), the [The]
1-41 punch-card ballot label may be any size, composition, and texture
1-42 that is suitable for the electronic voting system in which it is
1-43 used.
1-44 (c) The order of the candidates' and propositions'
1-45 punch-hole spaces and corresponding numbers on the ballot label
1-46 must be the same as the order in which the candidates' names and
1-47 the propositions are to appear on the ballot under Chapter 52.
1-48 SECTION 5. Section 125.061, Election Code, is amended by
1-49 adding Subsection (c) to read as follows:
1-50 (c) Before the polls open, an election officer shall check
1-51 each voting device and remove from the device any punch-card ballot
1-52 chads that have accumulated.
1-53 SECTION 6. Section 127.061, Election Code, is amended to read
1-54 as follows:
1-55 Sec. 127.061. [AUTHORITY TO USE] SEALED BALLOT BOXES
1-56 REQUIRED. Sealed [As an alternative to the procedure of Subchapter
1-57 B, the authority adopting the voting system may provide by
1-58 resolution, order, or other official action for the use of sealed]
1-59 ballot boxes shall be used to deliver electronic system ballots
1-60 from the polling place to the central counting station in
1-61 accordance with this subchapter.
1-62 SECTION 7. Section 127.125(b), Election Code, is amended to
1-63 read as follows:
2-1 (b) The manager shall have the ballots examined to detect
2-2 any irregularly marked ballots and to determine whether the ballots
2-3 to be counted automatically are ready for counting and can be
2-4 properly counted. The manager shall have each irregularly marked
2-5 ballot duplicated to indicate the intent of the voter if the
2-6 voter's intent is clearly ascertainable, unless other law prohibits
2-7 counting the vote. After making the appropriate determinations and
2-8 taking the appropriate actions, the manager [when ready] shall
2-9 approve the ballots [them] for counting.
2-10 SECTION 8. Subchapter E, Chapter 127, Election Code, is
2-11 amended by adding Section 127.1301 to read as follows:
2-12 Sec. 127.1301. TALLYING, TABULATING, AND REPORTING
2-13 PUNCH-CARD OR CENTRALLY COUNTED OPTICAL SCAN BALLOT UNDERVOTES AND
2-14 OVERVOTES. In an election using punch-card or centrally counted
2-15 optical scan ballots, the undervotes and overvotes on those ballots
2-16 shall be tallied, tabulated, and reported by race and by election
2-17 precinct in the form and manner prescribed by the secretary of
2-18 state.
2-19 SECTION 9. Section 127.151, Election Code, is amended by
2-20 amending Subsection (b) and adding Subsection (c) to read as
2-21 follows:
2-22 (b) An electronic voting system used under this subchapter
2-23 must require voters to deposit the ballots directly into a unit of
2-24 automatic tabulating equipment. The tabulating equipment shall be
2-25 programmed to return an irregularly marked ballot to the voter.
2-26 (c) The secretary of state shall prescribe any necessary
2-27 procedures, in addition to those prescribed by this subchapter, for
2-28 processing the election results.
2-29 SECTION 10. Title 8, Election Code, is amended by adding
2-30 Chapter 129 to read as follows:
2-31 CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
2-32 Sec. 129.001. CERTAIN DIRECT RECORDING ELECTRONIC VOTING
2-33 MACHINE PROCEDURES. (a) As part of the testing of the direct
2-34 recording electronic voting machine equipment before its use in a
2-35 particular election, the general custodian of election records
2-36 shall include a specific test of each machine's logic and accuracy
2-37 functions to ensure that the machine properly records, counts, and
2-38 tabulates the votes.
2-39 (b) Each direct recording electronic voting machine must
2-40 provide the voter with a screen in summary format of the voter's
2-41 choices for the voter to review before the vote is actually cast.
2-42 (c) During the early voting period, the early voting clerk
2-43 shall conduct a daily audit of the direct recording electronic
2-44 voting machines used in the election to ensure proper
2-45 correspondence among the numbers of ballots provided on the
2-46 machines, names on the poll list, and ballots cast on the machines.
2-47 (d) The general custodian of election records shall conduct
2-48 a recount sufficient to confirm the accuracy of the vote totals in
2-49 an election in which direct recording electronic voting machines
2-50 are used for the first time.
2-51 (e) The secretary of state shall prescribe any procedures
2-52 necessary to implement this section and to ensure the orderly and
2-53 proper administration of elections using direct recording
2-54 electronic voting machines.
2-55 SECTION 11. The following provisions of the Election Code are
2-56 repealed:
2-57 (1) Subchapter B, Chapter 127; and
2-58 (2) Section 127.062.
2-59 SECTION 12. The secretary of state shall prescribe any
2-60 necessary rules and take any appropriate action to implement this
2-61 Act and to facilitate the orderly phasing out of the general use of
2-62 punch-card ballot voting systems in this state.
2-63 SECTION 13. This Act takes effect September 1, 2001.
2-64 * * * * *