BILL ANALYSIS

Senate Research Center	C.S.S.B. 827
	By: Parker
	State Affairs
	3/20/2025
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In recent years, concerns over the accuracy and integrity of electronic voting systems have grown, leading to calls for increased election transparency and auditability. While Texas law currently requires some post-election audits, the evolving landscape of election security necessitates a more robust, standardized approach to verifying electronic vote tabulations. Existing procedures do not mandate comprehensive manual verification of electronic voting system results, leaving potential gaps in ensuring public confidence in election outcomes.

The committee substitute for S.B. 827 strengthens election integrity by expanding the hand count audit process for electronic voting systems. The bill increases the scope of manual audits, requiring the general custodian of election records to conduct a hand count in a randomly selected percentage of polling locations and precincts, including mail-in ballots. Additionally, C.S.S.B. 827 integrates risk-limiting audits into the statewide election process, ensuring that all counties participate in verifying election results for selected races or measures. By enhancing audit procedures and providing transparency through publicly available audit results, this legislation aims to bolster voter confidence and reinforce the accuracy of Texas elections.

C.S.S.B. 827 amends current law relating to the audit of an election using an electronic voting system.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.� Amends Section 127.201, Election Code, as follows:

Sec. 127.201. New heading: HAND COUNT ELECTION AUDIT. (a) Requires the general custodian of election records (custodian), to ensure the accuracy of the tabulation of electronic voting system results, to conduct a manual count of all the races in at least one percent of the election day polling locations and one percent of the early voting locations, rather than precincts, or in three election day polling locations and three early voting locations, rather than precincts, whichever is greater, in which the electronic voting system was used. Requires the custodian to conduct a manual count of all the races contained on the ballots by mail in at least one percent of the precincts in which a ballot by mail was cast and in which the ballots were counted using automatic tabulating equipment, or in three precincts in which a ballot by mail was cast and in which the ballots were counted using automatic tabulating equipment, whichever is greater. Requires the custodian to select the polling locations and precincts at random and begin the count not later than 72 hours after the polls close.� Requires that the count be completed not later than the 21st day after election day.� Provides that Subsections (b) (relating to requiring the secretary of state (SOS) to select certain polling locations and precincts for a manual vote count for certain races), (b-1), (b-2), and (b-3) supersede this subsection to the extent of a conflict. Makes nonsubstantive changes.

(b) Makes conforming changes to this subsection.

(b-1) Requires the custodian to designate the members of the early voting ballot board (board) for the election to perform the manual count under this section at the direction of the custodian.� Provides that if one or more members of the early voting ballot board are unable to serve, then additional members are authorized to be appointed using the appointment procedures under Section 87.002 (Composition of Board).

(b-2) Requires that the manual count under this section, in an election in which a statewide risk-limiting audit is performed under Subchapter I (Risk-Limiting Audit), begin the count not later than the first business day after SOS has certified the completion of the risk-limiting audit, and requires that the count be completed not later than the 30th day after election day or by the deadline designated by SOS for completion of the count, whichever is later.

(b-3) Authorizes the custodian, in accordance with procedures prescribed by SOS, to select additional precincts and polling places to be counted under this section.

(d)� Entitles each person entitled to appoint watchers in the election, rather than each candidate in the election, to be present at the count and have a watcher, rather than representative, present. Requires a watcher appointed to the count, rather than a representative, to satisfy the same eligibility requirements as a watcher under Chapter 33 (Watchers) and be appointed in the same manner as a watcher under Chapter 33. Requires the watcher to deliver their certificates, rather than a certificate of appointment, to the presiding judge of the board, rather than the custodian, at the time the watcher reports for service. Deletes existing text requiring that the certificate be in writing and include the printed name and signature of the representative, the election subject to the count, and the printed name and signature of the candidate making the appointment.� Makes conforming changes.

(e) Requires the custodian, not later than the third day after the date the count is completed, to:

(1) creates this subdivision from existing text and makes a nonsubstantive change; and

(2) post the results of the count on the county's Internet website in the same location that the county provides information on election returns and election results.

(g) Makes no changes to this subsection.

SECTION 2. Amends Section 127.302, Election Code, by amending Subsections (a), (b), and (c) and adding Subsection (a-1), as follows:

(a)� Requires the custodian to participate in a risk-limiting audit for one or more selected statewide races or measures. Requires the custodian to begin the audit on a date prescribed by SOS. Deletes existing text requiring the custodian, not later than 24 hours after all ballots have been counted in an election, to conduct a risk-limiting audit for a selected statewide race or measure.

(a-1)� Requires all counties holding an election subject to this subchapter, regardless of the method of counting voted ballots used by the county, to participate in the risk-limiting audit on the selected statewide races or measures as provided by Section 127.302 (Risk-Limiting Audit).

(b) Makes nonsubstantive changes to this subsection.

(c) Requires the custodian to complete the audit on the date prescribed by SOS, rather than not later than 24 hours before the time for conducting the canvass of the election.

SECTION 3. Effective date: September 1, 2025.