BILL ANALYSIS

H.B. 2524

By: Anchia

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, the secretary of state provides recommendations for counties to adequately secure elections and electronic voting systems.  However, each individual county has the discretion of whether to abide by many of the recommendations, and this results in a patchwork of election practices and voting systems because Texas has 254 counties.

H.B. 2524 codifies the secretary of state's recommendations to ensure statewide uniformity in accuracy, security, and reliability of certain electronic voting systems.  The bill outlines how and where electronic records are secured, instructions for the secure transport, delivery, storage, and testing of voting systems, access to voting system equipment, network connections and wireless technology, equipment and software, plan for machine failure, and use of machines in early voting.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2524 amends the Election Code to require the general custodian of election records, immediately after receiving a direct recording electronic voting system from a vendor, to verify that the system delivered is certified by the secretary of state, to perform a hardware diagnostic test on the system, to perform a public test of logic and accuracy on the system, and to perform any additional test that the secretary of state may prescribe.  The bill requires the general custodian of election records to conduct a successful hardware diagnostic test before a direct recording electronic voting system is used in an election, and provides that the test must ensure that each part of the system functions properly as prescribed by the secretary of state.  The bill removes a provision requiring the general custodian of election records to include a specific test of each direct recording electronic voting machine's logic and accuracy functions to ensure that the machine properly records, counts, and tabulates the votes before its use in a particular election.

H.B. 2524 requires the general custodian of election records to create a testing board consisting of at least two persons, making every reasonable effort to ensure that the board consists of at least one person from each political party that holds a primary election. The bill requires the general custodian of election records to conduct a logic and accuracy test not later than 48 hours before voting begins on a voting system, requires that public notice of the test must be published at least 48 hours before the test begins, and requires the test to be open to the public.  The bill sets forth what must be verified by the testing for which the general custodian of election records is required to adopt procedures, and provides that a test is successful if the actual results are identical to the expected results.  The bill requires the testing board and the general custodian of election records, in order to provide a full and accurate account of the condition of a given voting machine, to sign a written statement attesting to the qualification of each direct recording electronic voting machine that was successfully tested, any problems discovered, the cause of any problem if it can be identified, and to provide any other documentation as necessary.  The bill requires the testing board, on completing testing, to witness and document all steps taken to reset, seal, and secure any equipment or test materials, as appropriate, and requires the general custodian for election records to preserve a copy of the system's software at a secure location that is outside the administrator's and programming entity's control until at least 22 months after election day. 

H.B. 2524 requires the general custodian of election records, on completing each test, to place the test materials in a container provided for that purpose and seal the container in a manner that prevents opening without breaking the seal.  The bill requires the general custodian of election records and at least two members of the testing board to sign the seal, and requires the test materials to remain sealed for the period for preserving the precinct election records.  The bill prohibits the container from being unsealed unless the contents are necessary to conduct a public test of logic and accuracy or a criminal investigation, election contest, or other official proceeding.  The bill requires the authority in charge of the proceeding to reseal the contents of the container when not in use if the container is unsealed.

H.B. 2524 requires the general custodian of election records to create and maintain an inventory of all electronic information storage media.  The bill requires the general custodian of election records to develop a procedure for tracking the custody of each electronic information storage medium from its storage location, through election coding and the election process, to its final post-election disposition and return to storage, and requires the chain of custody to require two or more individuals to perform a check and verification check whenever a transfer of custody occurs.  The bill requires the general custodian of election records to establish a secured location for storing electronic information storage media when not in use, coding a medium for an election, transferring and installing the medium into voting system equipment, and storing voting system equipment after election parameters are loaded.  The bill requires an election information storage medium to be kept in the presence of an election official or in a secured location once the medium has been coded for an election.  The bill requires the general custodian of election records to create a procedure for tracking the custody of voting system equipment once election parameters are loaded and to create a recovery plan to be followed that includes immediate notification of the secretary of state if a breach in security procedures is indicated.  The bill requires the general custodian of election records to conduct a criminal background check for relevant election officials, staff, and temporary workers upon hiring.

H.B. 2524 requires the general custodian of election records to adopt procedures for securely storing and transporting voting system equipment and requires the procedures to include provisions for locations outside the direct control of the general custodian of election records, including overnight storage at a polling location.  The bill requires procedures relating to the chain of custody to require two or more individuals to perform a check and verification check whenever a transfer of custody occurs.  The bill requires the general custodian of election records to create a recovery plan to be followed that includes immediate notification of the secretary of state if a breach in security procedures is indicated.  The bill requires the general custodian of election records to provide a training plan for relevant election officials, staff, and temporary workers that addresses procedures related to the transport of voting system equipment.

H.B. 2524 requires the general custodian of election records to secure access control keys or passwords to voting system equipment and requires the use of access control keys or passwords to be witnessed by one or more individuals authorized to use that information.  The bill requires the use of an access control key or password to be documented and witnessed in a log dedicated for that purpose that is retained until the political subdivision disposes of the equipment.

H.B. 2524 prohibits a voting system from being connected to any external communications network, including the Internet, and from having the capability of permitting wireless communication, unless the system uses line-of-sight infrared technology that shields the transmitter and receiver from external infrared transmissions and the system can only accept transmissions generated by the system.  The bill provides that the sole purpose of voting system equipment is the conduct of an election, and authorizes only software certified by the secretary of state and necessary for an election to be loaded on the equipment.  The bill requires the general custodian of election records to create a contingency plan for addressing direct recording electronic voting machine failure and requires this plan to include the timely notification of the secretary of state.

H.B. 2524 prohibits a direct recording electronic voting machine deployed for early voting from being deployed on election day.  The bill removes a provision requiring the general custodian of election records to conduct a recount sufficient to confirm the accuracy of the vote totals in an election in which direct recording electronic voting machines are used for the first time.  The bill requires the secretary of state to prescribe any procedures necessary to implement its provisions and to ensure the orderly and proper administration of elections using direct recording electronic voting machines.

H.B. 2524 applies its provisions only to a voting system that uses direct recording electronic voting machines and, to the extent possible, provides that the procedures applicable to an electronic voting system are also applicable to a direct recording electronic voting system.

EFFECTIVE DATE

September 1, 2009.