79(R) SB 1672 - Introduced version


                                                                                

79R7695 DRH-F

By:  Ellis                                                        S.B. No. 1672



A BILL TO BE ENTITLED

AN ACT

relating to the approval of voting systems and equipment.                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 122.035, Election Code, is amended by 
amending Subsections (a) and (b) and adding Subsection (e) to read 
as follows:
	(a)  On submission of an application for approval of a voting 
system or voting system equipment, the secretary of state shall 
appoint five [four] persons as examiners, one of whom must be a 
full-time employee of the secretary.  The attorney general shall:
		(1)  appoint three [two] persons as examiners:[,]
			(A)  one of whom must be a full-time employee of 
the general; and
			(B)  one of whom must be a member of the public; 
and                
		(2)  in making appointments under Subdivision (1), 
include one person who is an attorney with five years' or more 
experience in election law and procedure.
	(b)  The [Two of the] secretary of state's appointees must 
include:
		(1)  one person with at least 10 years' experience as an 
information security professional;
		(2)  one person with at least 10 years' experience in 
the design and usability testing of usable, accessible human 
interfaces for computer systems;
		(3)  one person with experience as an election judge, a 
county election administrator, or a county clerk from a county 
using electronic voting systems; and
		(4)  one person who is a member of the public with 
experience in non-partisan election monitoring [have demonstrated 
ability and experience in mechanics or electronics appropriate to 
the system or equipment to be examined, and two of the secretary's 
appointees must have demonstrated knowledge of and experience in 
election law and procedure].
	(e)  Before being appointed as an examiner, a person shall 
submit to the secretary of state a summary containing descriptions 
of the person's work history and education, any publications by or 
certification or training received by the person, and any relevant 
experience of the person with election equipment or election law.
	SECTION 2.  Section 122.036(a), Election Code, is amended to 
read as follows:
	(a)  The examiners shall examine the voting system or voting 
system equipment for which an application has been submitted at the 
time and in the manner directed by the secretary of state except 
that:
		(1)  the examination must occur at an open meeting 
subject to Chapter 551, Government Code; and
		(2)  an audio-visual recording of the examination must 
be created and made available to the public on request.
	SECTION 3.  Section 122.038, Election Code, is amended by 
amending Subsection (c) and adding Subsection (d) to read as 
follows:
	(c)  If the system or equipment satisfies the applicable 
requirements for approval, the secretary by written order shall 
grant preliminary approval of [approve] the system or equipment of 
that design for use in elections.  Otherwise, the secretary shall 
deny the application.
	(d)  The secretary of state may finalize approval of a system 
or equipment only if the secretary follows the process for final 
adoption of a rule contained in Sections 2001.023, 2001.029, 
2001.030, 2001.031, 2001.033, and 2001.034, Government Code.  
Section 2001.035, Government Code, applies to a final approval with 
respect to compliance with the sections of Subchapter B, Chapter 
2001, Government Code, listed in this subsection.
	SECTION 4.  Section 122.067, Election Code, is amended to 
read as follows:   
	Sec. 122.067.  APPOINTMENT OF EXAMINERS.  (a)  If the 
secretary of state requires an independent examination of the 
modified system or equipment, the secretary shall appoint five
[four] persons as examiners, one of whom must be a full-time 
employee of the secretary.  The attorney general shall appoint 
three [two] persons as examiners, one of whom must be a full-time 
employee of the general.
	(b)  To be eligible for appointment as an examiner under this 
section, a person must be eligible for appointment as an examiner 
for an application for initial approval of a system or equipment.  
The examiners appointed by the secretary of state must meet the 
requirements of Section 122.035(b) and the examiners appointed by 
the attorney general must meet the requirements of Section 
122.035(a). Only one employee of the secretary of state may be 
appointed.
	(c)  Before being appointed as an examiner, a person shall 
submit to the secretary of state a summary containing descriptions 
of the person's work history and education, any publications by or 
certification or training received by the person, and any relevant 
experience of the person with election equipment or election law.  
[Two of the secretary of state's appointees must have demonstrated 
ability and experience in mechanics or electronics appropriate to 
the system or equipment to be examined.]
	SECTION 5.  Section 122.070, Election Code, is amended by 
amending Subsection (c) and adding Subsection (d) to read as 
follows:
	(c)  If the modified design satisfies the applicable 
requirements for approval, the secretary by written order shall 
grant preliminary approval of [approve] the system or equipment of 
that design for use in elections.  Otherwise, the secretary shall 
deny the application.
	(d)  The secretary of state may finalize approval of a system 
or equipment only if the secretary follows the process for final 
adoption of a rule contained in Sections 2001.023, 2001.029, 
2001.030, 2001.031, 2001.033, and 2001.034, Government Code.  
Section 2001.035, Government Code, applies to a final approval with 
respect to compliance with the sections of Subchapter B, Chapter 
2001, Government Code, listed in this subsection.
	SECTION 6.  Section 122.092, Election Code, is amended by 
amending Subsections (a) and (b) and adding Subsection (e) to read 
as follows:
	(a)  The secretary of state shall appoint five [four] persons 
as examiners, one of whom must be a full-time employee of the 
secretary, to assist in a reexamination of an approved voting 
system or voting system equipment.  The attorney general shall 
appoint three [two] persons as examiners, one of whom must be a 
full-time employee of the general.
	(b)  To be eligible for appointment as an examiner under this 
section, a person must be eligible for appointment as an examiner 
for an application for initial approval of a system or equipment.  
The examiners appointed by the secretary of state must meet the 
requirements of Section 122.035(b) and the examiners appointed by 
the attorney general must meet the requirements of Section 
122.035(a).  [Two of the secretary of state's appointees must have 
demonstrated knowledge of and experience in the operation of the 
system or equipment.]
	(e)  Before being appointed as an examiner, a person shall 
submit to the secretary of state a summary containing descriptions 
of the person's work history and education, any publications by or 
certification or training received by the person, and any relevant 
experience of the person with election equipment or election law.
	SECTION 7.  Section 122.093(a), Election Code, is amended to 
read as follows:
	(a)  The examiners shall examine the system or equipment to 
be reexamined at the time and in the manner directed by the 
secretary of state except that:
		(1)  the examination must occur at an open meeting 
subject to Chapter 551, Government Code; and
		(2)  an audio-visual recording of the examination must 
be created and made available to the public on request.
	SECTION 8.  This Act takes effect January 1, 2006.