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A BILL TO BE ENTITLED
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AN ACT
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relating to improvements to election integrity, including through a |
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partial count of auditable voting system ballots; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.003, Election Code, is amended by |
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adding Subdivision (14) to read as follows: |
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(14) "Auditable voting system" means a voting system |
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that: |
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(A) uses, creates, or displays a paper record |
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that may be read by the voter and that is deposited by the voter into |
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a secure ballot box; and |
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(B) is not capable of being connected to the |
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Internet or any other computer network or electronic device. |
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SECTION 2. Subchapter H, Chapter 127, Election Code, is |
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amended by adding Section 127.2015 to read as follows: |
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Sec. 127.2015. PARTIAL COUNT OF AUDITABLE VOTING SYSTEM |
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BALLOTS BY GENERAL CUSTODIAN. (a) In this section, "ballot box" |
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means all ballot boxes used for the deposit of voters' marked |
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ballots at a polling place or early voting polling place, whether |
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one or multiple physical ballot boxes were used. |
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(b) Notwithstanding Section 127.201, not later than 24 |
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hours after all ballots have been counted in an election, the |
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general custodian of election records in each county shall conduct |
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by hand a partial count of ballots cast for a selected number of |
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ballot boxes. Each ballot box selected must be from a polling place |
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in which an auditable voting system was used, and the number of |
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ballot boxes selected for the partial count shall be the greater of: |
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(1) two; or |
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(2) 10 percent of the number of ballot boxes used in |
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the election, rounded up to the nearest even number. |
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(c) Not later than 18 hours after the completion of the |
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initial counting or tabulation of election results and with not |
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less than six hours' notice given to each participant, the general |
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custodian of election records shall conduct a telephone conference |
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call with the following persons: |
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(1) the general custodian; |
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(2) the county chair of the political party who |
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received the most votes in the county in the most recently preceding |
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gubernatorial election, or the chair's designee; |
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(3) the county chair of the political party who |
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received the second most votes in the county in the most recently |
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preceding gubernatorial election, or the chair's designee; |
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(4) up to three additional persons selected by each |
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person participating under Subdivisions (2) and (3); and |
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(5) if a person described by Subdivision (2) or (3) |
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does not attend, a person appointed by the state chair of the |
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person's party to replace that person and up to three additional |
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persons appointed by the state chair to replace the persons |
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described by Subdivision (4). |
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(d) During the conference call under Subsection (c), the |
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general custodian of election records shall allow each party chair |
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or party chair's representative to select ballot boxes to be |
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subject to a partial count conducted under this section. The chairs |
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shall alternate selections, beginning with the chair of the party |
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that received the most votes in the county in the most recently |
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preceding gubernatorial election, until the number of ballot boxes |
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selected for the partial count has satisfied the requirement of |
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Subsection (b). |
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(e) If a party leader or representative fails to attend the |
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conference call as required under Subsection (c), the secretary of |
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state shall select ballot boxes for the partial count at random on |
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the party's behalf. |
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(f) The general custodian of election records shall |
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complete the partial count not later than 24 hours before the time |
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for conducting the canvass of the election. |
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(g) The general custodian of election records shall post a |
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notice of the date, hour, and place of the partial count in the |
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custodian's office and on the county's Internet website, if the |
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county maintains a website, at least 18 hours before beginning the |
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count and shall post the results of the count in the same manner |
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immediately after the conclusion of the count. The notice must |
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identify the ballot boxes chosen for the count. |
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(h) A watcher may be present at all stages of the partial |
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count if appointed by a candidate in the election from the moment a |
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ballot box is taken from its place of storage until the count is |
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completed and all ballot boxes examined in the count are returned to |
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the place of storage. A watcher must deliver a certificate of |
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appointment to the general custodian of election records at the |
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time the watcher reports for service. The certificate must be in |
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writing and must include: |
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(1) the printed name and signature of the watcher; |
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(2) the election subject to the partial count; and |
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(3) the printed name and signature of the candidate |
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making the appointment. |
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(i) The secretary of state may appoint personnel to assist |
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with the partial count, including applicable voting system |
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technicians or representatives and persons who have assisted with |
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the design and implementation of the count. |
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(j) If a partial count conducted under this section reveals |
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a disparity of more than 20 votes between the initial reported |
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outcome of an election at a polling place and the results determined |
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by the partial count, notwithstanding any other law, an automatic |
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recount under Chapter 216 must be conducted in the county for the |
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election in which the disparity is identified. The recount shall be |
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a manual recount by hand of paper records in accordance with |
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Subchapter A, Chapter 214. All candidates in the election and the |
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county chair of any political party in the county must be notified |
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by the general custodian of election records. |
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(k) The secretary of state may not waive any requirements of |
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this section. |
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(l) This section applies only to an election held after |
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August 31, 2022, in which an auditable voting system is used. |
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SECTION 3. Section 127.301, Election Code, as effective |
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September 1, 2021, is amended to read as follows: |
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Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies to an election: |
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(1) that occurs after August 31, 2024 [2026]; |
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(2) that contains a race or measure that is voted on |
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statewide; and |
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(3) in which an auditable voting system [described by |
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Section 129.003(a)] is used. |
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SECTION 4. Section 127.305(e), Election Code, as effective |
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September 1, 2021, is amended to read as follows: |
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(e) This section expires August 31, 2024 [2026]. |
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SECTION 5. Sections 129.003(e) and (g), Election Code, as |
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effective September 1, 2021, are amended to read as follows: |
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(e) An authority that purchased a voting system other than |
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an auditable voting system after September 1, 2014, and before |
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September 1, 2021, may use available federal funding and, if |
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federal funding is not available, available state funding to |
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convert the purchased voting system into an auditable voting system |
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in accordance with the following schedule: |
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(1) if the voting system was converted into an |
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auditable voting system not later than the election taking place |
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November 8, 2022, the authority is eligible to have 100 percent of |
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the cost of conversion reimbursed under this section; and |
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(2) if the authority is not eligible for a 100 percent |
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reimbursement of cost under Subdivision (1) and the voting system |
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was converted into an auditable voting system not later than the |
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election taking place November 5, 2024 [3, 2026], the authority is |
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eligible to have 50 percent of the cost of conversion reimbursed |
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under this section. |
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(g) Subsections (b), (c), and (d) do not apply to an |
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election held before September 1, 2024 [2026]. |
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SECTION 6. Subchapter A, Chapter 129, Election Code, is |
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amended by adding Section 129.004 to read as follows: |
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Sec. 129.004. VIDEO SURVEILLANCE OF BALLOT BOXES. (a) In |
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this section, "chair" means a county chair of a political party that |
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received the greatest or second-greatest number of votes in the |
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chair's county at the most recent gubernatorial election. |
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(b) A chair may, at the party's expense, authorize the |
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installation and maintenance of temporary video surveillance |
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equipment: |
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(1) at any polling location used in the county for |
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early voting by personal appearance or for election day, for the |
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sole purpose of recording any activity involving interaction with a |
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ballot box; and |
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(2) at the central counting station in the county, for |
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the sole purpose of recording any activity involving interaction |
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with a ballot box. |
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(c) The secretary of state shall adopt rules as necessary to |
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administer this section. Rules adopted under this subsection must |
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require that: |
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(1) ballot boxes be protected from tampering at all |
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times; |
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(2) ballot boxes subject to surveillance under this |
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section be kept in surveilled areas except as necessary to |
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transport the boxes directly from one location to another in |
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accordance with this code; |
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(3) watchers be permitted to observe the |
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transportation of a ballot box from one location to another; |
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(4) video surveillance equipment installed under this |
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section be positioned so that the equipment does not record the face |
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of a voter or the content of a ballot; and |
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(5) persons be prevented from interfering with the |
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operation of surveillance equipment installed in accordance with |
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this section. |
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(d) A person commits an offense if the person intentionally |
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or knowingly: |
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(1) interferes with the operation of video |
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surveillance equipment installed under this section; or |
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(2) prevents a watcher from observing activity the |
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watcher is entitled to observe under this section. |
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(e) An offense under Subsection (d) is a felony of the third |
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degree. |
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(f) The secretary of state may not waive any requirements of |
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this section. |
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(g) This section applies only to an election held after |
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August 31, 2022, and in which an auditable voting system is used. |
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SECTION 7. Sections 129.054(a) and (b), Election Code, as |
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effective September 1, 2021, are amended to read as follows: |
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(a) A voting system may not be connected to any external |
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communications network, including the Internet. Beginning |
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September 1, 2024 [2026], a voting system may not be capable of |
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being connected to any external or internal communications network, |
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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. Beginning |
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September 1, 2024 [2026], a voting system may not have the |
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capability of permitting wireless communication. |
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SECTION 8. Section 129.003(a), Election Code, as effective |
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September 1, 2021, is repealed. |
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SECTION 9. This Act takes effect on the 91st day after the |
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last day of the legislative session. |