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A BILL TO BE ENTITLED
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AN ACT
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relating to election integrity and security of ballot boxes, |
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including by preventing fraud in the conduct of elections in this |
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state; authorizing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.01. SHORT TITLE. This Act may be cited as the |
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Ballot Box Election Security, Transparency, and Accountability |
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Act. |
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SECTION 1.02. Chapter 33, Texas Election Code, is amended |
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to read as follows: |
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Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER. |
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(a) A watcher appointed to serve at a polling place in an election |
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who is available at the time of the action may observe all election |
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activities relating to the opening and closing of the polling |
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place, including starting up and closing voting system equipment, |
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printing of all types of voting system tapes, inspecting of ballot |
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boxes, the sealing and transfer of a memory card, flash drive, hard |
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drive, data storage device, or other medium now existing or later |
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developed used by the voting system equipment. |
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(b) Notwithstanding any other provision of this code, a |
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watcher duly accepted for service at a polling location is entitled |
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to follow the transfer and delivery of election materials, |
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including ballot boxes, from the polling place at which the watcher |
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was accepted to a regional tabulating center, the central counting |
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station, the main early voting site, the early voting clerk's |
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office, a secured storage location, or any other location |
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designated to receive, store, and process election materials. The |
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authority responsible for administering a regional tabulating |
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center or another location where election materials are delivered, |
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processed, and stored must accept duly appointed watchers for |
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service in the same manner a watcher is accepted for service under |
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Section 33.051 and must accept the same number of watchers that may |
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serve under Section 33.007(a). |
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SECTION 1.03. Chapter 127, Section 127.1232, Election Code, |
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is amended to read as follows: |
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Sec. 127.1232. SECURITY OF VOTED BALLOTS. (b) The general |
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custodian of election records in a county with a population of |
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100,000 or more shall implement a video surveillance system that |
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retains a record of all areas containing voted ballots, including |
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but not limited to all doorways, halls, and offices: |
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(1) from the time the voted ballots during early |
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voting and on election day are delivered to the early voting ballot |
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board, the early voting clerk, regional tabulating center, and the |
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central counting station, or any other location designated for |
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delivery, until the final canvass of precinct election returns; and |
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(2) from the time the absentee voted ballots are |
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delivered to the elections office, signature verification |
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committee or early voting ballot board until the final canvass of |
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precinct election returns. |
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(c) A video from a system implemented under Subsection (b) |
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shall be made available to the public by a livestream and must |
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include a large analog clock visible in each area under |
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surveillance. |
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(e) A person that violates this section commits an offense. |
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An offense under this section is a Class A misdemeanor for the first |
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offense. Multiple offenses thereafter are felonies of the third |
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degree. |
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SECTION 1.04. Chapter 127, Section 127.201, Texas Election |
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Code, shall be amended as follows: |
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Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM |
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BALLOTS BY GENERAL CUSTODIAN. (d) Each candidate in the election is |
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entitled to be present for the retrieving of ballot boxes, opening |
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of ballot box seals, ballot sorting, counting of ballots, and |
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resealing of ballot boxes for the partial count. Each candidate, |
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and treasurer of a specific-purpose political action committee that |
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was involved in the election [at the count and] is entitled to have |
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a watcher and representative present to monitor all activities |
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associated with the partial count. A representative must deliver a |
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certificate of appointment to the general custodian at the time the |
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representative reports for service. The certificate must be in |
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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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SECTION 1.05. This Act takes effect September 1, 2025. |