|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the use of direct recording electronic voting systems. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 129, Election Code, is amended to read as |
|
follows: |
|
CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 129.001. APPLICABILITY. (a) This chapter applies |
|
only to a voting system that uses direct recording electronic |
|
voting machines. |
|
(b) To the extent possible, the procedures applicable to an |
|
electronic voting system under Chapter 127 are applicable to a |
|
voting system under this chapter. |
|
Sec. 129.002. GENERAL [CERTAIN DIRECT RECORDING ELECTRONIC
|
|
VOTING MACHINE] PROCEDURES. (a) [As part of the testing of the
|
|
direct recording electronic voting machine equipment before its use
|
|
in a particular election, the general custodian of election records
|
|
shall include a specific test of each machine's logic and accuracy
|
|
functions to ensure that the machine properly records, counts, and
|
|
tabulates the votes.
|
|
[(b)] Each direct recording electronic voting machine must |
|
provide the voter with a screen in summary format of the voter's |
|
choices for the voter to review before the vote is actually cast. |
|
(b) [(c)] During the early voting period, the early voting |
|
clerk shall conduct a daily audit of the direct recording |
|
electronic voting machines used in the election to ensure proper |
|
correspondence among the numbers of ballots provided on the |
|
machines, names on the poll list, and ballots cast on the machines. |
|
(c) [(d)
The general custodian of election records shall
|
|
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.
|
|
[(e)] The secretary of state shall prescribe any procedures |
|
necessary to implement this chapter [section] and to ensure the |
|
orderly and proper administration of elections using direct |
|
recording electronic voting machines. |
|
(d) A provisional vote may not be cast on a direct recording |
|
electronic voting machine. |
|
Sec. 129.003. DEFINITION. In this chapter, "electronic |
|
information storage medium" means any device that is used within a |
|
voting system to temporarily store voting information specific to a |
|
particular election. |
|
Sec. 129.004. PAPER AUDIT TRAIL REQUIRED. (a) Except as |
|
provided by Subsection (e), a voting system that consists of direct |
|
recording electronic voting machines may not be used in an election |
|
unless the system: |
|
(1) has: |
|
(A) been certified or otherwise approved by means |
|
of qualification testing by a nationally recognized test |
|
laboratory; and |
|
(B) met or exceeded the minimum requirements |
|
contained in "Performance and Test Standards for Punch Card, Mark |
|
Sense, and Direct Recording Electronic Voting Systems" or a |
|
successor voluntary standards document developed and adopted by the |
|
Federal Election Commission, the Election Assistance Commission, |
|
or the National Institute of Standards and Technology; and |
|
(2) creates a contemporaneous auditable paper record |
|
copy of each electronic ballot that allows a voter to confirm the |
|
choices the voter made through both a visual and a nonvisual method, |
|
such as through an audio component, before the voter casts the |
|
ballot. |
|
(b) A voter must be allowed to privately and independently |
|
view the paper record copy required under Subsection (a)(2) without |
|
being allowed to handle the copy. Once the voter has confirmed that |
|
the paper record copy corresponds to the vote the voter has |
|
indicated electronically, the vote may be recorded electronically |
|
and the paper record copy must be deposited in a secure storage |
|
container. If the voter finds that the paper record copy does not |
|
correspond to the voter's choices indicated electronically, the |
|
system must: |
|
(1) invalidate or otherwise spoil the paper record |
|
copy; |
|
(2) allow the voter to review the choices the voter |
|
made electronically; and |
|
(3) generate a new paper record copy for the voter to |
|
review as provided by this subsection. |
|
(c) The paper record copy must: |
|
(1) indicate the voter's choice on each office or |
|
measure for which the voter cast a vote and indicate the offices and |
|
measures for which the voter did not cast a vote; |
|
(2) be printed in the same language that the voter used |
|
to cast the voter's electronic vote; and |
|
(3) be designed to be read electronically. |
|
(d) Except for a recount under Title 13, the electronic vote |
|
is the official record of the ballot. For a recount of ballots cast |
|
on a system involving direct recording electronic voting machines, |
|
the paper record copy is the official record of the vote cast. |
|
(e) A system involving direct recording electronic voting |
|
machines that was acquired before January 1, 2010, may be used in an |
|
election without meeting the requirements of this section only if: |
|
(1) a voter has the option of casting a paper ballot |
|
instead of using the machine; |
|
(2) a permanent record of each ballot is created at the |
|
time the ballot is cast or during the local canvass of the votes; |
|
(3) the system is subject to parallel monitoring; and |
|
(4) at least 46 days before the date the system is to |
|
be used for voting, the authority responsible for holding the |
|
election submits a technical security plan for the system to the |
|
secretary of state. |
|
(f) The record created under Subsection (e)(2) may be in a |
|
paper format or be an electronically recorded image. |
|
[Sections 129.005-129.020 reserved for expansion] |
|
SUBCHAPTER B. PRE-ELECTION ACCEPTANCE AND |
|
TESTING OF VOTING SYSTEM |
|
Sec. 129.021. REQUIREMENTS FOR SYSTEM USING DIRECT |
|
RECORDING ELECTRONIC VOTING MACHINES. On request of the secretary |
|
of state, the authority adopting a system that uses direct |
|
recording electronic voting machines must provide: |
|
(1) the source code for any software and firmware used |
|
as part of the system; |
|
(2) all documents relating to the federal |
|
qualification process; and |
|
(3) complete documentation of all hardware, software, |
|
and firmware components, including detailed change logs, and |
|
documentation regarding the development process. |
|
Sec. 129.022. ACCEPTANCE TESTING. Immediately after |
|
receiving a voting system from a vendor, the general custodian of |
|
election records shall: |
|
(1) verify that the model number or name of the system |
|
is the same as ordered; |
|
(2) verify that the system delivered is certified by |
|
the secretary of state; |
|
(3) verify that the appropriate software is installed |
|
on the system; |
|
(4) perform a hardware diagnostic test on the system |
|
as provided by Section 129.023(b); |
|
(5) perform a logic and accuracy test on the system as |
|
provided by Section 129.024; and |
|
(6) perform any additional test that the secretary of |
|
state may prescribe. |
|
Sec. 129.023. HARDWARE DIAGNOSTIC TEST. (a) The general |
|
custodian of election records shall conduct a successful hardware |
|
diagnostic test before a voting system is used in an election. |
|
(b) The hardware diagnostic test must: |
|
(1) ensure that each part of the system functions |
|
properly, including: |
|
(A) input and output devices; |
|
(B) communications ports; |
|
(C) printers; |
|
(D) program configurations; |
|
(E) modems; and |
|
(F) screen displays; and |
|
(2) determine that each part of the system is adjusted |
|
to ensure that: |
|
(A) the date and time on the system are accurate; |
|
(B) the system is properly calibrated; |
|
(C) each machine is cleared of votes; |
|
(D) the system is configured for the current |
|
election; and |
|
(E) vendor-supplied passwords or control keys |
|
are changed from those originally supplied by the vendor. |
|
Sec. 129.024. LOGIC AND ACCURACY TEST. (a) The general |
|
custodian of election records shall create a testing board |
|
consisting of at least two persons. The general custodian of |
|
election records shall make every reasonable effort to ensure that |
|
the testing board consists of at least one person from each |
|
political party that holds a primary election. |
|
(b) Not later than 48 hours before voting begins on a voting |
|
system, the general custodian of election records shall conduct a |
|
logic and accuracy test. Public notice of the test must be |
|
published at least 48 hours before the test begins, and the test |
|
must be open to the public. |
|
(c) The general custodian of election records shall adopt |
|
procedures for testing that: |
|
(1) direct the testing board to cast votes; |
|
(2) verify that each contest position on the ballot |
|
can be voted and is accurately counted for each precinct and ballot |
|
style; |
|
(3) include overvotes and undervotes for each race, if |
|
applicable to the system being tested; |
|
(4) include straight-party votes and crossover votes; |
|
(5) include write-in votes, when applicable to the |
|
election; |
|
(6) include provisional votes, if applicable to the |
|
system being tested; |
|
(7) calculate the expected results from the test |
|
ballots; |
|
(8) allow the testing board to witness the programming |
|
of electronic information storage media necessary to test specific |
|
precincts; |
|
(9) ensure that each voting machine has any public |
|
counter reset to zero and presented to the testing board for |
|
verification before testing; |
|
(10) require two-person teams from the testing board |
|
to cast and verify the votes; |
|
(11) require that, for each feature of the system that |
|
allows disabled voters to cast a ballot, at least one vote be cast |
|
and verified by a two-person testing board team using that feature; |
|
and |
|
(12) require that, when all votes are cast, the |
|
general custodian of election records and the testing board observe |
|
the tabulation of all ballots and compare the actual results to the |
|
expected results. |
|
(d) To provide a full and accurate account of the condition |
|
of a given voting machine, the testing board and the general |
|
custodian of election records shall: |
|
(1) sign a written statement attesting to: |
|
(A) the qualification of each direct recording |
|
electronic voting machine that was successfully tested; and |
|
(B) any problems discovered; and |
|
(2) provide any other documentation as necessary. |
|
(e) On completing the testing, the testing board shall |
|
witness and document all steps taken to reset, seal, and secure any |
|
equipment or test materials, as appropriate. |
|
Sec. 129.025. SECURITY OF TEST MATERIALS. (a) On |
|
completing each test, the general custodian of election records |
|
shall 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 general custodian of election |
|
records and at least two members of the testing board shall sign the |
|
seal. |
|
(b) The test materials shall remain sealed for the period |
|
for preserving the precinct election records. |
|
(c) The container may not be unsealed unless the contents |
|
are necessary to conduct a test under this subchapter or a criminal |
|
investigation, election contest, or other official proceeding |
|
under this code. If the container is unsealed, the authority in |
|
charge of the proceeding shall reseal the contents when not in use. |
|
[Sections 129.026-129.050 reserved for expansion] |
|
SUBCHAPTER C. VOTING SYSTEM SECURITY |
|
Sec. 129.051. SECURITY PLAN. Not later than the 90th day |
|
before the date a system using direct recording electronic voting |
|
machines will be used in an election, the authority responsible for |
|
holding the election shall submit to the secretary of state a |
|
physical security plan for the system. |
|
Sec. 129.052. PRE-ELECTION SECURITY PROCEDURE. (a) The |
|
general custodian of election records shall create and maintain an |
|
inventory of all electronic information storage media. |
|
(b) The general custodian of election records shall 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. The chain of custody must require two or more |
|
individuals to perform a check and verification check whenever a |
|
transfer of custody occurs. |
|
(c) The general custodian of election records shall |
|
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. |
|
(d) An election information storage medium shall be kept in |
|
the presence of an election official or in a secured location once |
|
the medium has been coded for an election. |
|
(e) The general custodian of election records shall create a |
|
procedure for tracking the custody of voting system equipment once |
|
election parameters are loaded. |
|
(f) The general custodian of election records shall create a |
|
recovery plan to be followed if a breach in security procedures is |
|
indicated. This plan must include immediately notifying the |
|
secretary of state. |
|
(g) Not later than the 46th day before the date a system |
|
using direct recording electronic voting machines will be used in |
|
an election, the authority responsible for holding the election |
|
shall submit to the secretary of state: |
|
(1) all changes or modifications to the system that |
|
might impair the accuracy and efficiency of the system, unless the |
|
secretary of state specifically provides otherwise; |
|
(2) a training plan for election officers at each |
|
polling place; and |
|
(3) a communication plan explaining the manner in |
|
which election officers at each polling place will communicate on |
|
election day. |
|
Sec. 129.053. TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a) |
|
The general custodian of election records shall adopt procedures |
|
for securely storing and transporting voting system equipment. The |
|
procedures shall include provisions for locations outside the |
|
direct control of the general custodian of election records, |
|
including overnight storage at a polling location. Procedures |
|
relating to the chain of custody must require two or more |
|
individuals to perform a check and verification check whenever a |
|
transfer of custody occurs. |
|
(b) The general custodian of election records shall create a |
|
recovery plan to be followed if a breach in security procedures is |
|
indicated. This plan must include immediately notifying the |
|
secretary of state. |
|
(c) The general custodian of election records shall provide |
|
a training plan for relevant election officials, staff, and |
|
temporary workers that addresses the procedures authorized under |
|
this section. |
|
Sec. 129.054. ACCESS TO VOTING SYSTEM EQUIPMENT. The |
|
general custodian of election records shall secure access control |
|
keys or passwords to voting system equipment. Use of access control |
|
keys or passwords must be witnessed by one or more individuals |
|
authorized to use that information. The use of an access control |
|
key or password must be documented and witnessed in a log dedicated |
|
for that purpose. |
|
Sec. 129.055. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY. |
|
(a) A voting system may not be connected to any external |
|
communications network, including the Internet. |
|
(b) A voting system may not have the capability of |
|
permitting wireless communication. |
|
Sec. 129.056. SOFTWARE. The sole purpose of voting system |
|
equipment is the conduct of an election, and only software |
|
certified by the secretary of state and necessary for an election |
|
may be loaded on the equipment. |
|
Sec. 129.057. PLAN FOR MACHINE FAILURE. The general |
|
custodian of election records shall create a contingency plan for |
|
addressing direct recording electronic voting machine failure. |
|
This plan must include the timely notification of the secretary of |
|
state. |
|
Sec. 129.058. USE OF MACHINE IN EARLY VOTING. A direct |
|
recording electronic voting machine deployed for early voting may |
|
not be deployed on election day. |
|
Sec. 129.059. POSTING. At each polling place at which a |
|
direct recording electronic voting machine is used for voting, |
|
postings must indicate the penalties for tampering with the |
|
machines in each language used at that polling place for the ballot. |
|
SECTION 2. This Act takes effect January 1, 2010. |