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A BILL TO BE ENTITLED
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AN ACT
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relating to the partial count of electronic voting system ballots. |
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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 by |
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amending Subsections (a) and (b) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) To ensure the accuracy of the tabulation of electronic |
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voting system results, the general custodian of election records |
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shall conduct a manual count of contested races and propositions in |
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a federal, state, county, and local election on the ballot, as |
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applicable, [all the races] in at least 10 [one] percent of the |
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election precincts or in 10 [three] precincts, whichever is |
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greater, in which the electronic voting system was used. The |
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custodian shall select at least one contested race or proposition |
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in a federal, state, county, and local election on the ballot, as |
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applicable, and the precincts at random and shall begin the count |
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not later than 72 hours after the polls close. The count shall be |
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completed not later than the 21st day after election day. |
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[Subsection (b) supersedes this subsection to the extent of a |
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conflict.] |
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(a-1) The general custodian of election records shall, not |
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later than the 48th hour before the custodian selects the races, |
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propositions, and precincts under Subsection (a), post in the |
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custodian's office and on the county's Internet website or, if the |
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county does not maintain an Internet website, on the bulletin board |
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used for posting notices of the meetings of the commissioners court |
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notice of the date, hour, and location of the selection. |
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(a-2) The selection of races, propositions, and precincts |
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under Subsection (a) shall be open to the public and streamed with |
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live video and audio on the county's Internet website, if the county |
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maintains an Internet website. The general custodian of election |
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records shall encourage the public to observe or participate in the |
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selection process. |
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(b) In addition to the selection by the general custodian of |
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election records under Subsection (a) [a general election for state |
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and county officers, primary election, or election on a proposed |
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amendment to the state constitution or other statewide measure |
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submitted by the legislature], the secretary of state shall select, |
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in accordance with rules adopted by the secretary, at least 10 |
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contested races and 10 propositions on the ballot in a federal or |
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state election to be manually counted at the precincts selected |
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under Subsection (a). If there are fewer than 10 contested races or |
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10 propositions on the ballot, the secretary of state shall select |
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all of the races or propositions, as applicable [the precincts to be |
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counted under Subsection (a). The secretary shall designate not |
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more than three offices and not more than three propositions to be |
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counted in the selected precincts]. The secretary shall notify the |
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general custodian of election records of the [precincts,] |
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offices[,] and propositions selected under this subsection not |
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later [earlier] than 5 p.m. of the day after election day. |
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SECTION 2. Section 127.201(c), Election Code, is repealed. |
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SECTION 3. 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 4. This Act takes effect September 1, 2025. |