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A BILL TO BE ENTITLED
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AN ACT
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relating to the approval of direct recording electronic voting |
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machines that use publicly disclosed program codes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 122.0331, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Notwithstanding Subsection (d), materials described by |
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Subsection (a) relating to a direct recording electronic voting |
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machine approved by the secretary of state under Section 129.002, |
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Election Code, are public information, and are subject to |
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disclosure under Chapter 552, Government Code. |
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SECTION 2. Chapter 129, Election Code, is amended by adding |
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Sections 129.002 and 129.003 to read as follows: |
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Sec. 129.002. SYSTEM USING OPEN SOURCE CODE. In addition to |
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the other requirements of this title, a direct recording electronic |
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voting machine that uses an open source code must comply with |
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standards adopted by the secretary of state. The standards may not |
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allow for the use of an open source code unless the code: |
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(1) has been certified by the Open Source Initiative; |
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or |
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(2) uses program codes that would satisfy the |
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requirements of version 1.9 of the Open Source Definition adopted |
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by the Open Source Initiative as the version existed on March 5, |
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2007. |
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Sec. 129.003. SYSTEM USING VOTER-VERIFIED PAPER AUDIT |
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TRAIL. In addition to the other requirements of this title, a |
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direct recording electronic voting machine that uses a |
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voter-verified paper audit trail must comply with standards adopted |
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by the secretary of state. The standards may not allow for the use |
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of a voter-verified paper audit trail unless the machine: |
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(1) creates a contemporaneous auditable paper record |
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copy of each electronic ballot that allows a voter to confirm the |
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choices the voter made; and |
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(2) preserves the paper record at the polling place in |
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the same manner as paper ballots are preserved to ensure that the |
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paper records may be used in a manual audit or recount. |
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SECTION 3. This Act takes effect September 1, 2007. |