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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a general custodian of election records to |
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adopt procedures for public inspection of voted ballots. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 66, Election Code, is |
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amended by adding Section 66.0571 to read as follows: |
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Sec. 66.0571. PROCEDURES FOR PUBLIC INSPECTION OF CERTAIN |
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ELECTION RECORDS. (a) A general custodian of election records |
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shall adopt a written policy establishing procedures for providing |
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access to voted ballots for public inspection. |
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(b) At a minimum, a policy adopted under this section shall |
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include: |
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(1) procedures to ensure the redaction of any |
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personally identifiable information of the voter contained on a |
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ballot before making the ballot available for public inspection; |
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(2) a defined time period for public inspection |
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consistent with Chapter 552, Government Code; |
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(3) a log containing the name of any person who |
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accesses the voted ballots during the defined time period; |
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(4) general regulations regarding access to the |
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ballots, including: |
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(A) requiring at least one member of the general |
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custodian's staff to be present at all times in the room containing |
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the voted ballots while public inspection takes place; |
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(B) prohibiting pens, pencils, and other marking |
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devices from being brought into the room containing the voted |
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ballots; |
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(C) prohibiting food and beverages in the room |
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containing the voted ballots; |
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(D) requiring voted ballots to be kept in the |
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same stacks, containers, or boxes, as applicable, while public |
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inspection takes place; |
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(E) prohibiting the removal of voted ballots from |
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the room in which public inspection takes place; and |
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(F) permitting the use of imaging devices for the |
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purpose of taking a photo or making a copy of a voted ballot; |
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(5) the use of video surveillance, if available, to |
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monitor all activities in the inspection room during the time that |
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the voted ballots are made available for public inspection; |
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(6) the use of other security measures necessary to |
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ensure no alteration of the ballots is possible; and |
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(7) procedures to ensure that all other materials |
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unrelated to the ballot inspection request are removed from the |
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room in which the public inspection takes place. |
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(c) If a county maintains an electronic copy of the voted |
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ballot in addition to the voted paper ballot, a copy of the |
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electronic voted ballot shall be made available upon request for |
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public inspection in the same manner as the voted paper ballot. |
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(d) A county may image or scan voted ballots before they are |
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made available for public inspection to ensure there is an |
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electronic record of the voted ballot before public inspection |
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takes place. |
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SECTION 2. This Act takes effect September 1, 2023. |