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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of paper ballots and certain electronic devices |
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in conducting an election. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 52.075, Election Code, is amended to |
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read as follows: |
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Sec. 52.075. MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING |
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SYSTEMS. (a) The secretary of state may prescribe the form and |
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content of a ballot for an election using a voting system, including |
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an electronic voting system or a voting system that uses direct |
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recording electronic voting machines [or ballot marking devices], |
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to conform to the formatting requirements of the system. |
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(b) In this section, ["ballot marking device,"] "direct |
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recording electronic voting machine," "electronic voting system," |
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and "voting system" have the meanings assigned by Section 121.003. |
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SECTION 2. Section 63.002(d), Election Code, is amended to |
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read as follows: |
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(d) A [The] signature roster [may be] in the form of an |
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electronic device may not be used in an election [approved by the |
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secretary of state that is capable of capturing a voter's signature |
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next to the voter's name on the device. The secretary of state shall |
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adopt rules governing the processing of electronic signatures |
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captured under this subsection]. |
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SECTION 3. Section 63.003(d), Election Code, is amended to |
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read as follows: |
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(d) A [The] poll list [may be] in the form of an electronic |
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device may not be used in an election [approved by the secretary of |
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state. The secretary of state shall adopt rules governing the use |
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of electronic poll lists]. |
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SECTION 4. Section 63.004(e), Election Code, is amended to |
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read as follows: |
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(e) A combination form [may be] in the form of an electronic |
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device may not be used in an election [approved by the secretary of |
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state. The secretary of state shall adopt rules governing the |
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minimum requirements and approval of an electronic device used for |
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any form used in connection with the acceptance of voters at a |
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polling place]. |
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SECTION 5. Subchapter A, Chapter 125, Election Code, is |
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amended by adding Sections 125.0071 and 125.011 to read as follows: |
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Sec. 125.0071. PROVISION OF PAPER BALLOT. An election |
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officer at a polling place where an electronic voting system is used |
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must provide a paper ballot to each voter who requests one. A paper |
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ballot provided under this section must be printed at the time the |
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request is made and, after being voted by the voter, must be scanned |
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at the polling place with an optical scanner. |
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Sec. 125.011. USE OF BALLOT MARKING DEVICE. A voting system |
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that consists of a ballot marking device may not be used in an |
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election. |
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SECTION 6. Section 31.014, Election Code, is repealed. |
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SECTION 7. The changes in law made by this Act apply only to |
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an election held on or after the effective date of this Act. An |
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election held before the effective date of this Act is governed by |
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the law in effect when the election was held, and that law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2025. |