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A BILL TO BE ENTITLED
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AN ACT
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relating to the audit of an election using an electronic voting |
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system. |
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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 to |
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read as follows: |
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Sec. 127.201. HAND [PARTIAL] COUNT ELECTION AUDIT [OF |
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ELECTRONIC VOTING SYSTEM BALLOTS BY GENERAL CUSTODIAN]. (a) To |
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ensure the accuracy of the tabulation of electronic voting system |
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results, the general custodian of election records shall conduct a |
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manual count of all the races in at least one percent of the |
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election day polling locations and one percent of the early voting |
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locations [precincts] or in three election day polling locations |
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and three early voting locations [precincts], whichever is greater, |
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in which the electronic voting system was used. The general |
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custodian shall conduct a manual count of all the races contained on |
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the ballots by mail in at least one percent of the precincts in |
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which a ballot by mail was cast and in which the ballots were |
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counted using automatic tabulating equipment, or in three precincts |
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in which a ballot by mail was cast and in which the ballots were |
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counted using automatic tabulating equipment, whichever is |
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greater. The custodian shall select the polling locations and |
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precincts at random and shall begin the count not later than 72 |
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hours after the polls close. The count shall be completed not later |
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than the 21st day after election day. Subsections [Subsection] |
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(b), (b-1), (b-2), and (b-3) supersede [supersedes] this subsection |
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to the extent of a conflict. |
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(b) In a general election for state and county officers, |
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primary election, or election on a proposed amendment to the state |
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constitution or other statewide measure submitted by the |
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legislature, the secretary of state shall select, in accordance |
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with rules adopted by the secretary, the polling locations and |
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precincts to be counted under Subsection (a). The secretary shall |
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designate not more than three offices and not more than three |
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propositions to be counted in the selected polling locations and |
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precincts. The secretary shall notify the general custodian of |
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election records of the polling locations, precincts, offices, and |
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propositions selected under this subsection not earlier than the |
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day after election day. |
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(b-1) The general custodian of election records shall |
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designate the members of the early voting ballot board for the |
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election to perform the manual count under this section at the |
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direction of the custodian. If one or more members of the early |
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voting ballot board are unable to serve, then additional members |
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may be appointed using the appointment procedures under Section |
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87.002. |
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(b-2) In an election in which a statewide risk-limiting |
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audit is performed under Subchapter I, the manual count under this |
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section shall begin the count not later than the first business day |
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after the secretary of state has certified the completion of the |
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risk-limiting audit, and the count must be completed not later than |
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the 30th day after election day or by the deadline designated by the |
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secretary of state for completion of the count, whichever is later. |
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(b-3) The general custodian of election records, in |
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accordance with procedures prescribed by the secretary of state, |
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may select additional precincts and polling places to be counted |
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under this section. |
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(c) On selection or notification, as applicable, of the |
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polling locations and precincts to be counted, the general |
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custodian of election records shall post in the custodian's office |
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a notice of the date, hour, and place of the count. |
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(d) Each person entitled to appoint watchers [candidate] in |
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the election is entitled to be present at the count and is entitled |
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to have a watcher [representative] present. A watcher appointed to |
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the count [representative] must satisfy the same eligibility |
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requirements as a watcher under Chapter 33 and must be appointed in |
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the same manner as a watcher under Chapter 33. The watcher must |
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deliver their certificates [a certificate of appointment] to the |
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presiding judge of the early voting ballot board [general |
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custodian] at the time the watcher [representative] reports for |
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service. [The certificate must be in writing and must include: |
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[(1) the printed name and signature of the |
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representative; |
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[(2) the election subject to the count; and |
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[(3) the printed name and signature of the candidate |
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making the appointment.] |
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(e) Not later than the third day after the date the count is |
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completed, the general custodian of election records shall: |
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(1) deliver a written report of the results of the |
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count to the secretary of state; and |
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(2) post the results of the count on the county's |
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Internet website in the same location that the county provides |
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information on election returns and election results. |
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(g) This section does not apply to the tabulation of |
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electronic voting system results for a voting system that uses |
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direct recording electronic voting machines. |
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SECTION 2. Section 127.302, Election Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (a-1) |
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to read as follows: |
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(a) The [Not later than 24 hours after all ballots have been |
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counted in an election, the] general custodian of election records |
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shall participate in [conduct] a risk-limiting audit for one or |
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more [a] selected statewide races [race] or measures [measure]. |
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The custodian shall begin the audit on a date prescribed by the |
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secretary of state. |
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(a-1) All counties holding an election subject to this |
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subchapter must participate in the risk-limiting audit on the |
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selected statewide races or measures as provided by this section, |
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regardless of the method of counting voted ballots used by the |
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county. |
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(b) The secretary of state shall select, in accordance with |
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rules adopted by the secretary, the precincts to be counted and the |
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offices [office] or propositions [proposition] to be counted. |
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(c) The general custodian of election records shall |
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complete the audit on the date prescribed by the secretary of state |
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[not later than 24 hours before the time for conducting the canvass |
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of the election]. |
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SECTION 3. This Act takes effect September 1, 2025. |
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