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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for a public test of logic and accuracy |
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of a voting system for certain elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 129.023, Election Code, is amended by |
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amending Subsection (c) and adding Subsection (c-2) to read as |
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follows: |
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(c) The general custodian of election records shall adopt |
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procedures for testing that: |
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(1) direct the testing board to cast votes; |
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(2) verify that each contest position, as well as each |
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precinct and ballot style, on the ballot can be voted and is |
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accurately counted; |
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(3) include overvotes and undervotes for each race, if |
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applicable to the system being tested; |
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(4) include write-in votes, when applicable to the |
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election; |
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(5) include provisional votes, if applicable to the |
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system being tested; |
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(6) calculate the expected results from the test |
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ballots; |
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(7) ensure that each voting machine has any public |
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counter reset to zero and presented to the testing board for |
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verification before testing; |
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(8) require that, for each feature of the system that |
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allows disabled voters to cast a ballot, at least one vote be cast |
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and verified by a two-person testing board team using that feature; |
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[and] |
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(9) require that, when all votes are cast, the general |
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custodian of election records and the testing board observe the |
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tabulation of all ballots and compare the actual results to the |
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expected results; and |
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(10) verify that, for an election in which a poll list |
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in the form of an electronic device is used, the precinct and ballot |
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style associated with each voter on the poll list matches the |
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precinct and ballot style that will be provided to the voter on a |
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voting machine. |
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(c-2) A test conducted under this section for a runoff |
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primary election must also require the general custodian of |
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election records to verify that a poll list in the form of an |
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electronic device has the correct political party affiliation |
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information for each voter. |
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SECTION 2. The changes in law made by this Act apply only to |
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an election ordered on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |