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A BILL TO BE ENTITLED
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AN ACT
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relating to the audit of an election in certain counties. |
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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 as |
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follows: |
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Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM |
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BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the |
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tabulation of electronic voting system results, the general |
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custodian of election records shall conduct a manual count of all |
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the races in at least one percent of the election precincts or in |
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three precincts, whichever is greater, in which the electronic |
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voting system was used. In precinct-based election systems, the |
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The custodian shall select the precincts at random and shall begin |
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the count not later than 72 hours after the polls close. The count |
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shall be completed not later than the 21st day after election day. |
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Subsection (b)(c) supersedes this subsection to the extent of a |
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conflict. |
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(b) Counties participating in the Countywide Polling Place |
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program under Sec. 43.007 may conduct the manual count on one |
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percent of the county's polling locations for both Early Voting |
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in-person and Election Day in-person. |
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(c)(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 locations to be counted under Subsection (a). The |
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secretary shall designate not more than three offices and not more |
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than three propositions to be counted in the selected precincts. |
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The secretary shall notify the general custodian of election |
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records of the precincts, offices, and propositions selected under |
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this subsection not earlier than the day after election day. |
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(d) (c) On selection or notification, as applicable, of the |
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precincts or countywide polling locations to be counted, the |
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general custodian of election records shall post in the custodian's |
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office a notice of the date, hour, and place of the count. |
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(e) (d) Each candidate in the election is entitled to be |
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present at the count and is entitled to have a representative |
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present. A representative must deliver a certificate of |
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appointment to the general custodian at the time the representative |
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reports for service. The certificate must be in writing and must |
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include: |
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(1) the printed name and signature of the |
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representative; |
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(2) the election subject to the 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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(f)(e) Not later than the third day after the date the count |
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is completed, the general custodian of election records shall |
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deliver a written report of the results of the count to the |
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secretary of state. |
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(g) (f) The secretary of state at any time may waive or |
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reinstate the requirements of this section for a particular |
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political subdivision. |
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(h) (g) This section does not apply to the tabulation of |
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electronic voting system results for a voting system that uses |
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direct recording electronic voting machines. |
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SECTION 2. This Act takes effect September 1, 2023. |