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A BILL TO BE ENTITLED
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AN ACT
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relating to voting system equipment; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.014, Election Code, is amended to |
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read as follows: |
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Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT |
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VOTERS. (a) The secretary of state shall prescribe specific |
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requirements and standards, consistent with this code, for the |
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certification of an electronic device used to accept voters under |
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Chapter 63 that require the device to: |
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(1) produce an electronic copy of the list of voters |
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who were accepted to vote for delivery to the election judge after |
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the polls close; |
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(2) display the voter's original signature in |
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accordance with Section 63.002; |
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(3) accept a voter for voting even when the device is |
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off-line; |
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(4) provide the full list of voters registered in the |
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county with an indication of the jurisdictional or distinguishing |
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number for each territorial unit in which each voter resides; |
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(5) time-stamp when each voter is accepted at a |
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polling place, including the voter's unique identifier; |
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(6) if the county participates in the countywide |
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polling place program under Section 43.007 or has more than one |
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early voting polling place, transmit a time stamp when each voter is |
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accepted, including the voter's unique identifier, to all polling |
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place locations; |
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(7) time-stamp the receipt of a transmission under |
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Subdivision (6); [and] |
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(8) perform a self-assessment on starting up to ensure |
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functionality and connectivity; |
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(9) maintain a secure wireless connection that does |
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not transmit or store data on any device or medium located outside |
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the state; and |
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(10) produce in an electronic format capable of |
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updating in real time and compatible with the statewide voter |
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registration list under Section 18.061 data for retention and |
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transfer that includes: |
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(A) the polling location in which the device was |
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used; |
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(B) the dated time stamp under Subdivision (5); |
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and |
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(C) the dated time stamp under Subdivision (7). |
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(b) A device described by this section must be certified |
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annually by the secretary of state. The secretary of state may not |
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certify a device that does not meet each requirement listed in |
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Subsection (a). |
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(c) The secretary of state shall adopt rules that: |
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(1) require a device described by this section used |
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during the early voting period or under the countywide polling |
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place program under Section 43.007 to update data in not more than |
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10 minutes; and |
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(2) require a county that uses a device described by |
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this section to use each device function described by Subsection |
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(a) [real time]. |
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(d) If a county uses a device that does not comply with a |
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rule adopted under this section or uses a device in a manner that |
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does not comply with a [the] rule adopted under this section in an |
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election [two consecutive general elections] for state and county |
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officers, the secretary of state shall assess a noncompliance fee. |
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The noncompliance fee shall be set at an amount determined by |
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secretary of state rule. |
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SECTION 2. Section 122.032(a), Election Code, is amended to |
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read as follows: |
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(a) For a voting system or voting system equipment to be |
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approved for use in elections, the voting system in which the |
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equipment is designed to be used must: |
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(1) comply with the standards prescribed by Subchapter |
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A; and |
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(2) beginning September 1, 2021, have all software and |
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hardware used in the voting system manufactured, stored, and held |
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in the United States and sold by a company whose: |
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(A) headquarters are located in the United |
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States; and |
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(B) parent company's headquarters, if |
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applicable, are located in the United States. |
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SECTION 3. Subchapter B, Chapter 123, Election Code, is |
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amended by adding Section 123.0311 to read as follows: |
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Sec. 123.0311. DISCLOSURE OF RELATED ENTITIES. (a) A |
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contract under Section 123.031 to acquire equipment necessary for |
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operating a voting system from a vendor must identify each person or |
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entity that has a five percent or greater ownership interest in: |
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(1) the vendor; |
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(2) the vendor's parent company, if applicable; and |
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(3) each subsidiary or affiliate of the vendor, if |
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applicable. |
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(b) This section applies only to equipment acquired on or |
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after September 1, 2021. |
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SECTION 4. Section 124.002, Election Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) Voting system ballots may not be arranged in a manner |
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that allows a political party's candidates to be selected in one |
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motion or gesture. |
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(d) A person who arranges a ballot in a manner that violates |
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Subsection (c) commits an offense. An offense under this section is |
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a state jail felony. |
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SECTION 5. Subchapter A, Chapter 125, Election Code, is |
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amended by adding Section 125.0071 to read as follows: |
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Sec. 125.0071. VOTER ALLOWED TO CAST BALLOT AT ANY TIME. A |
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voting machine or ballot marking device must allow a voter the |
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option to cast or complete the voter's ballot prior to voting on all |
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races or measures if the voter affirmatively chooses to do so. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |