87R16019 MLH-F
 
  By: Swanson H.B. No. 4459
 
  Substitute the following for H.B. No. 4459:
 
  By:  Swanson C.S.H.B. No. 4459
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to voting system equipment; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.014, Election Code, is amended 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 in
  accordance with Section 63.002;
               (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, including the voter's unique identifier;
               (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, including the voter's unique identifier, to all polling
  place locations;
               (7)  time-stamp the receipt of a transmission under
  Subdivision (6); [and]
               (8)  perform a self-assessment on starting up to ensure
  functionality and connectivity;
               (9)  maintain a secure wireless connection that does
  not transmit or store data on any device or medium located outside
  the state; and
               (10)  produce in an electronic format capable of
  updating in real time and compatible with the statewide voter
  registration list under Section 18.061 data for retention and
  transfer that includes:
                     (A)  the polling location in which the device was
  used;
                     (B)  the dated time stamp under Subdivision (5);
  and
                     (C)  the dated time stamp under Subdivision (7).
         (b)  A device described by this section must be certified
  annually by the secretary of state. The secretary of state may not
  certify a device that does not meet each requirement listed in
  Subsection (a).
         (c)  The secretary of state shall adopt rules that:
               (1)  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 not more than
  10 minutes; and
               (2)  require a county that uses a device described by
  this section to use each device function described by Subsection
  (a) [real time].
         (d)  If a county uses a device that does not comply with a
  rule adopted under this section or uses a device in a manner that
  does not comply with a [the] rule adopted under this section in an
  election [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 122.032(a), Election Code, is amended to
  read as follows:
         (a)  For a voting system or voting system equipment to be
  approved for use in elections, the voting system in which the
  equipment is designed to be used must:
               (1)  comply with the standards prescribed by Subchapter
  A; and
               (2)  beginning September 1, 2021, have all software and
  hardware used in the voting system manufactured, stored, and held
  in the United States and sold by a company whose:
                     (A)  headquarters are located in the United
  States; and
                     (B)  parent company's headquarters, if
  applicable, are located in the United States.
         SECTION 3.  Subchapter B, Chapter 123, Election Code, is
  amended by adding Section 123.0311 to read as follows:
         Sec. 123.0311.  DISCLOSURE OF RELATED ENTITIES. (a)  A
  contract under Section 123.031 to acquire equipment necessary for
  operating a voting system from a vendor must identify each person or
  entity that has a five percent or greater ownership interest in:
               (1)  the vendor;
               (2)  the vendor's parent company, if applicable; and
               (3)  each subsidiary or affiliate of the vendor, if
  applicable.
         (b)  This section applies only to equipment acquired on or
  after September 1, 2021.
         SECTION 4.  Section 124.002, Election Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  Voting system ballots may not be arranged in a manner
  that allows a political party's candidates to be selected in one
  motion or gesture.
         (d)  A person who arranges a ballot in a manner that violates
  Subsection (c) commits an offense. An offense under this section is
  a state jail felony.
         SECTION 5.  Subchapter A, Chapter 125, Election Code, is
  amended by adding Section 125.0071 to read as follows:
         Sec. 125.0071.  VOTER ALLOWED TO CAST BALLOT AT ANY TIME. A
  voting machine or ballot marking device must allow a voter the
  option to cast or complete the voter's ballot prior to voting on all
  races or measures if the voter affirmatively chooses to do so.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.