79R962 DRH-D

By:  Shapleigh                                                    S.B. No. 94 



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 AUDIT TRAIL REQUIRED.  (a)  A voting 
system that consists of direct recording electronic voting machines 
may not be used in an election unless the system:
		(1)  has:                                                              
			(A)  been certified or otherwise approved by means 
of qualification testing by a nationally recognized test 
laboratory; and
			(B)  met or exceeded the minimum requirements 
contained in "Performance and Test Standards for Punch Card, Mark 
Sense, and Direct Recording Electronic Voting Systems" or a 
successor voluntary standards document developed and adopted by the 
Federal Election Commission, the Election Assistance Commission, 
or the National Institute of Standards and Technology; and
		(2)  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)  The paper record copy must list the contests on the 
ballot and the voter's choices in those contests.  The paper record 
copy is not a ballot.
	SECTION 2.  This Act takes effect January 1, 2006.