| |
| |
|
|
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. |