88R13148 MLH-D
 
  By: Paul H.B. No. 2728
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of electronic devices to accept voters.
         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)  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 not less than
  every 10 minutes; and
               (2)  require a county that uses a device described by
  this section to use each device function described by Subsection
  (a) [in real time].
         (d)  If a county uses a device that does not comply with a
  [the] rule adopted under this section 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.  This Act applies only to an election ordered on
  or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.