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A BILL TO BE ENTITLED
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AN ACT
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relating to the accuracy, security, and reliability of certain |
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electronic voting systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 66.058, Election Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) Electronic records created under Chapter 129 shall be |
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preserved in a secure container. |
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SECTION 2. Chapter 129, Election Code, is amended to read as |
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follows: |
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CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 129.001. APPLICABILITY. (a) This chapter applies |
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only to a voting system that uses direct recording electronic |
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voting machines. |
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(b) To the extent possible, the procedures applicable to an |
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electronic voting system under Chapter 127 are applicable to a |
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voting system under this chapter. |
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Sec. 129.002. GENERAL [CERTAIN DIRECT RECORDING
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ELECTRONIC VOTING MACHINE] PROCEDURES. (a) [As part of the testing
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of the direct recording electronic voting machine equipment before
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its use in a particular election, the general custodian of election
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records shall include a specific test of each machine's logic and
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accuracy functions to ensure that the machine properly records,
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counts, and tabulates the votes.
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[(b)] Each direct recording electronic voting machine must |
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provide the voter with a screen in summary format of the voter's |
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choices for the voter to review before the vote is actually cast. |
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(b) [(c)] During the early voting period, the early voting |
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clerk shall conduct a daily audit of the direct recording |
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electronic voting machines used in the election to ensure proper |
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correspondence among the numbers of ballots provided on the |
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machines, names on the poll list, and ballots cast on the machines. |
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(c) [(d)
The general custodian of election records shall
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conduct a recount sufficient to confirm the accuracy of the vote
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totals in an election in which direct recording electronic voting
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machines are used for the first time.
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[(e)] The secretary of state shall prescribe any procedures |
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necessary to implement this chapter [section] and to ensure the |
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orderly and proper administration of elections using direct |
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recording electronic voting machines. |
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[Sections 129.003-129.020 reserved for expansion] |
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SUBCHAPTER B. PRE-ELECTION ACCEPTANCE AND |
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TESTING OF VOTING SYSTEM |
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Sec. 129.021. ACCEPTANCE TESTING. Immediately after |
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receiving a voting system from a vendor, the general custodian of |
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election records shall: |
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(1) verify that the system delivered is certified by |
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the secretary of state; |
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(2) perform a hardware diagnostic test on the system |
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as provided by Section 129.022(b); |
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(3) perform a public test of logic and accuracy on the |
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system as provided by Section 129.023; and |
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(4) perform any additional test that the secretary of |
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state may prescribe. |
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Sec. 129.022. HARDWARE DIAGNOSTIC TEST. (a) The general |
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custodian of election records shall conduct a successful hardware |
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diagnostic test before a voting system is used in an election. |
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(b) The hardware diagnostic test must ensure that each part |
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of the system functions properly as prescribed by the secretary of |
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state. |
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Sec. 129.023. PUBLIC TEST OF LOGIC AND ACCURACY. (a) The |
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general custodian of election records shall create a testing board |
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consisting of at least two persons. The general custodian of |
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election records shall make every reasonable effort to ensure that |
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the testing board consists of at least one person from each |
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political party that holds a primary election. |
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(b) Not later than 48 hours before voting begins on a voting |
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system, the general custodian of election records shall conduct a |
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logic and accuracy test. Public notice of the test must be |
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published at least 48 hours before the test begins, and the test |
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must be open to the public. |
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(c) The general custodian of election records shall adopt |
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procedures for testing that: |
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(1) direct the testing board to cast votes; |
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(2) verify that each contest position on the ballot |
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can be voted and is accurately counted for each precinct and ballot |
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style; |
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(3) include overvotes and undervotes for each race, if |
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applicable to the system being tested; |
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(4) include straight-party votes and crossover votes; |
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(5) include write-in votes, when applicable to the |
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election; |
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(6) include provisional votes, if applicable to the |
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system being tested; |
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(7) calculate the expected results from the test |
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ballots; |
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(8) ensure that each voting machine has any public |
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counter reset to zero and presented to the testing board for |
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verification before testing; |
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(9) require that, for each feature of the system that |
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allows disabled voters to cast a ballot, at least one vote be cast |
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and verified by a two-person testing board team using that feature; |
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and |
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(10) require that, when all votes are cast, the |
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general custodian of election records and the testing board observe |
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the tabulation of all ballots and compare the actual results to the |
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expected results. |
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(d) A test is successful if the actual results are identical |
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to the expected results. |
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(e) To provide a full and accurate account of the condition |
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of a given voting machine, the testing board and the general |
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custodian of election records shall: |
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(1) sign a written statement attesting to: |
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(A) the qualification of each direct recording |
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electronic voting machine that was successfully tested; |
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(B) any problems discovered; and |
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(C) the cause of any problem if it can be |
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identified; and |
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(2) provide any other documentation as necessary. |
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(f) On completing the testing: |
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(1) the testing board shall witness and document all |
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steps taken to reset, seal, and secure any equipment or test |
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materials, as appropriate; and |
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(2) the general custodian for election records shall |
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preserve a copy of the system's software at a secure location that |
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is outside the administrator's and programming entity's control |
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until at least 22 months after election day. |
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Sec. 129.024. SECURITY OF TEST MATERIALS. (a) On |
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completing each test, the general custodian of election records |
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shall place the test materials in a container provided for that |
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purpose and seal the container in a manner that prevents opening |
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without breaking the seal. The general custodian of election |
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records and at least two members of the testing board shall sign the |
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seal. |
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(b) The test materials shall remain sealed for the period |
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for preserving the precinct election records. |
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(c) The container may not be unsealed unless the contents |
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are necessary to conduct a test under this subchapter or a criminal |
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investigation, election contest, or other official proceeding |
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under this code. If the container is unsealed, the authority in |
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charge of the proceeding shall reseal the contents when not in use. |
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[Sections 129.025-129.050 reserved for expansion] |
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SUBCHAPTER C. VOTING SYSTEM SECURITY |
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Sec. 129.051. PRE-ELECTION SECURITY PROCEDURE. (a) The |
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general custodian of election records shall create and maintain an |
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inventory of all electronic information storage media. |
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(b) The general custodian of election records shall develop |
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a procedure for tracking the custody of each electronic information |
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storage medium from its storage location, through election coding |
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and the election process, to its final post-election disposition |
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and return to storage. The chain of custody must require two or more |
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individuals to perform a check and verification check whenever a |
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transfer of custody occurs. |
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(c) The general custodian of election records shall |
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establish a secured location for storing electronic information |
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storage media when not in use, coding a medium for an election, |
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transferring and installing the medium into voting system |
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equipment, and storing voting system equipment after election |
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parameters are loaded. |
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(d) An election information storage medium shall be kept in |
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the presence of an election official or in a secured location once |
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the medium has been coded for an election. |
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(e) The general custodian of election records shall create a |
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procedure for tracking the custody of voting system equipment once |
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election parameters are loaded. |
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(f) The general custodian of election records shall create a |
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recovery plan to be followed if a breach in security procedures is |
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indicated. This plan must include immediately notifying the |
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secretary of state. |
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(g) The general custodian of election records shall conduct |
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a criminal background check for relevant election officials, staff, |
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and temporary workers upon hiring. |
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Sec. 129.052. TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a) |
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The general custodian of election records shall adopt procedures |
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for securely storing and transporting voting system equipment. The |
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procedures shall include provisions for locations outside the |
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direct control of the general custodian of election records, |
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including overnight storage at a polling location. Procedures |
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relating to the chain of custody must require two or more |
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individuals to perform a check and verification check whenever a |
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transfer of custody occurs. |
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(b) The general custodian of election records shall create a |
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recovery plan to be followed if a breach in security procedures is |
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indicated. This plan must include immediately notifying the |
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secretary of state. |
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(c) The general custodian of election records shall provide |
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a training plan for relevant election officials, staff, and |
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temporary workers that addresses the procedures authorized under |
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this section. |
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Sec. 129.053. ACCESS TO VOTING SYSTEM EQUIPMENT. The |
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general custodian of election records shall secure access control |
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keys or passwords to voting system equipment. Use of access control |
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keys or passwords must be witnessed by one or more individuals |
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authorized to use that information. The use of an access control |
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key or password must be documented and witnessed in a log dedicated |
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for that purpose that is retained until the political subdivision |
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disposes of the equipment. |
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Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY. |
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(a) A voting system may not be connected to any external |
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communications network, including the Internet. |
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(b) A voting system may not have the capability of |
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permitting wireless communication unless the system uses |
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line-of-sight infrared technology that shields the transmitter and |
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receiver from external infrared transmissions and the system can |
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only accept transmissions generated by the system. |
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Sec. 129.055. EQUIPMENT AND SOFTWARE. The sole purpose of |
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voting system equipment is the conduct of an election, and only |
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software certified by the secretary of state and necessary for an |
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election may be loaded on the equipment. |
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Sec. 129.056. PLAN FOR MACHINE FAILURE. The general |
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custodian of election records shall create a contingency plan for |
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addressing direct recording electronic voting machine failure. |
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This plan must include the timely notification of the secretary of |
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state. |
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Sec. 129.057. USE OF MACHINE IN EARLY VOTING. A direct |
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recording electronic voting machine deployed for early voting may |
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not be deployed on election day. |
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SECTION 3. This Act takes effect September 1, 2009. |