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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of direct recording electronic voting machines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 129, Election Code, is amended by adding |
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Section 129.002 to read as follows: |
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Sec. 129.002. VOTER-VERIFIED PERMANENT PAPER RECORD. (a) |
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A voting system that consists of direct recording electronic voting |
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machines may not be used in an election unless the system produces a |
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voter-verified permanent paper record suitable for a manual audit. |
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(b) The system must allow a voter: |
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(1) to inspect and verify the paper record before the |
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voter's ballot is recorded electronically; and |
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(2) an opportunity to make changes to the voter's |
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electronic ballot after reviewing the paper record. |
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(c) If the voter makes changes under Subsection (b)(2), the |
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system must invalidate the paper record that the voter reviewed and |
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generate a new paper record corresponding to the changed vote. The |
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new paper record must be reviewed by the voter in the manner |
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provided by Subsection (b). |
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(d) If the voter verifies that the paper record is correct, |
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the system shall record the voter's electronic vote and preserve |
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the paper records at the polling place in the same manner as paper |
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ballots are preserved to ensure that the paper records may be used |
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in a manual audit or recount. |
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(e) Except for a recount under Title 13, the electronic vote |
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is the official record of the ballot. For a recount of ballots cast |
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on a system involving direct recording electronic voting machines, |
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the paper record is the official record of the vote cast. The paper |
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record may be used for a manual audit of the system and shall be |
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preserved in the same manner as other paper records in an election. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2007. |
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(b) The change in law made by Section 1 of this Act does not |
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apply until July 1, 2008, to a voting system that: |
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(1) uses direct recording electronic machines; |
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(2) was approved by the secretary of state; and |
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(3) was used in an election held before September 1, |
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2007 |
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. |