79R3586 DRH-D

By:  Baxter                                                       H.B. No. 2259



A BILL TO BE ENTITLED

AN ACT

relating to the use of direct recording electronic voting machines.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 129, Election Code, is amended by adding 
Section 129.002 to read as follows:
	Sec. 129.002.  PAPER RECORD COPY REQUIRED.  (a)  A voting 
system that consists of direct recording electronic voting machines 
may not be used in an election unless the system creates a 
contemporaneous auditable paper record copy of each electronic 
ballot that allows a voter to confirm the choices the voter made 
through both a visual and a nonvisual method, such as through an 
audio component, before the voter casts the ballot.
	(b)  A voter must be allowed to privately and independently 
view the paper record copy required under Subsection (a) without 
being allowed to handle the copy.  Once the voter has confirmed that 
the paper record copy corresponds to the vote the voter has 
indicated electronically, the vote may be recorded electronically 
and the paper record copy must be deposited in a secure storage 
container.  If the voter finds that the paper record copy does not 
correspond to the voter's choices indicated electronically, the 
system must:
		(1)  invalidate or otherwise spoil the paper record 
copy;            
		(2)  allow the voter to review the choices the voter 
made electronically; and
		(3)  generate a new paper record copy for the voter to 
review as provided by this subsection.
	(c)  The paper record copy must indicate the voter's choice 
on each office or measure for which the voter cast a vote and 
indicate the offices and measures for which the voter did not cast a 
vote.
	(d)  Except for a recount under Title 13, the electronic vote 
is the official record of the ballot.  For a recount of ballots cast 
on a system involving direct recording electronic voting machines, 
the paper record copy is the official record of the vote cast.
	(e)  If after the voter reviews the ballot in the manner 
prescribed by Subsection (b) the paper record copy generated under 
Subsection (b)(3) does not correspond to the voter's choices 
indicated electronically, the presiding judge shall remove the 
machine from service in the election and ensure that the electronic 
vote is not recorded.  The voter must be allowed to vote on another 
machine or on a paper ballot.
	SECTION 2.  This Act takes effect January 1, 2006.