86R12830 GRM-F

By: Swanson H.B. No. 4130

A BILL TO BE ENTITLED

AN ACT

relating to use of an electronic device for accepting voters; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 31, Election Code, is amended by adding Section 31.014 to read as follows:

Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT VOTERS. (a) The secretary of state shall prescribe specific requirements and standards, consistent with this code, for the certification of an electronic device used to accept voters under Chapter 63 that require the device to:

(1) produce an electronic copy of the list of voters who were accepted to vote for delivery to the election judge after the polls close;

(2) display the voter's original signature;

(3) accept a voter for voting even when the device is off-line;

(4) provide the full list of voters registered in the county with an indication of the jurisdictional or distinguishing number for each territorial unit in which each voter resides;

(5) time-stamp when each voter is accepted at a polling place;

(6) if the county participates in the countywide polling place program under Section 43.007 or has more than one early voting polling place, transmit a time stamp when each voter is accepted to all polling place locations; and

(7) produce an electronic copy of the logs of each device for delivery to the secretary of state that includes:

(A) the polling location in which the device was used; and

(B) the dated time stamp for when each voter was accepted associated with the voter's unique identifier.

(b) A device described by this section must be certified annually by the secretary of state.

(c) The secretary of state shall adopt rules that require a device described by this section used during the early voting period or under the countywide polling place program under Section 43.007 to update data in real time. If a county uses a device that does not comply with the rule in two consecutive general elections for state and county officers, the secretary of state shall assess a noncompliance fee. The noncompliance fee shall be set at an amount determined by secretary of state rule.

SECTION 2. Section 63.003, Election Code, is amended by adding Subsection (d) to read as follows:

(d) The poll list may be in the form of an electronic device approved by the secretary of state. The secretary of state shall adopt rules governing the use of electronic poll lists.

SECTION 3. Section 63.004, Election Code, is amended by adding Subsection (e) to read as follows:

(e) A combination form may be in the form of an electronic device approved by the secretary of state. The secretary of state shall adopt rules governing the minimum requirements and approval of an electronic device used for any form used in connection with the acceptance of voters at a polling place.

SECTION 4. This Act takes effect September 1, 2019.