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A BILL TO BE ENTITLED
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AN ACT
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relating to the partial count of electronic voting system ballots. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 127.201, Election Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (a-1) |
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to read as follows: |
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(a) To ensure the accuracy of the tabulation of electronic |
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voting system results, the general custodian of election records |
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shall conduct a manual count of all the races in: |
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(1) at least one percent of the election precincts or |
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in three precincts, whichever is greater, in which the electronic |
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voting system was used; or |
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(2) at least one percent of polling places |
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participating in the countywide polling place program under Section |
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43.007 or in three countywide polling places, whichever is greater, |
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in which the electronic voting system was used on election day and |
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during early voting by personal appearance. |
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(a-1) The custodian shall select the precincts or |
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countywide polling places for a manual count under Subsection (a) |
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at random and shall begin the count not later than 72 hours after |
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the polls close. The count shall be completed not later than the |
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21st day after election day. Subsection (b) supersedes this |
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subsection to the extent of a conflict. |
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(b) In a general election for state and county officers, |
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primary election, or election on a proposed amendment to the state |
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constitution or other statewide measure submitted by the |
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legislature, the secretary of state shall select, in accordance |
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with rules adopted by the secretary, the precincts or countywide |
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polling places to be counted under Subsection (a). The secretary |
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shall designate not more than three offices and not more than three |
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propositions to be counted in the selected precincts or countywide |
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polling places. The secretary shall notify the general custodian |
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of election records of the precincts or countywide polling places, |
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offices, and propositions selected under this subsection not |
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earlier than the day after election day. |
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(c) On selection or notification, as applicable, of the |
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precincts or countywide polling places to be counted, the general |
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custodian of election records shall post on the county's Internet |
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website home page [in the custodian's office] a notice of the date, |
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hour, and place of the count. |
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SECTION 2. This Act takes effect September 1, 2023. |