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A BILL TO BE ENTITLED
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AN ACT
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relating to a pilot program authorizing counties to use direct |
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recording electronic voting machines that produce paper records. |
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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 PILOT |
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PROGRAM. (a) The secretary of state shall implement a program to |
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allow a county to require a voting system that uses direct recording |
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electronic voting machines to produce a voter-verified permanent |
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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 as allowed under Subsection |
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(b)(2), the system must invalidate the paper record that the voter |
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reviewed and generate a new paper record corresponding to the |
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changed vote. The new paper record must be reviewed by the voter in |
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the manner 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) The commissioners court of a county that desires to |
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participate in the pilot program authorized by this section shall |
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submit an application to the secretary of state not later than the |
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180th day before the date of the election in which the county wishes |
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to use a voting system involving direct recording electronic voting |
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machines that produce a voter-verified permanent paper record. The |
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secretary of state shall approve the application of a county that |
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demonstrates that it has the capability to fulfill the requirements |
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of this section. |
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(f) 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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that produce voter-verified permanent paper records, the paper |
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record is the official record of the vote cast. The paper record |
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may be used for a manual audit of the system and shall be preserved |
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in the same manner as other paper records in an election. |
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(g) Not later than January 1, 2011, the secretary of state |
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shall submit a report to the legislature on the effectiveness of |
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voting systems involving direct recording electronic voting |
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machines that produce a voter-verified permanent paper record. The |
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report must include a detailed account of any recount conducted in a |
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county using such a voting system. This subsection expires |
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September 1, 2011. |
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(h) Before July 1, 2010, a county may not prohibit the use of |
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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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2009. |
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(i) Subsection (h) and this subsection expire July 1, 2010. |
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SECTION 2. This Act takes effect September 1, 2009. |