Bill Text: TX HB286 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to improvements to election integrity, including through a partial count of auditable voting system ballots; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-07-15 - Filed [HB286 Detail]
Download: Texas-2021-HB286-Introduced.html
87S10372 ADM-F | ||
By: Jetton | H.B. No. 286 |
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relating to improvements to election integrity, including through a | ||
partial count of auditable voting system ballots; creating a | ||
criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 121.003, Election Code, is amended by | ||
adding Subdivision (14) to read as follows: | ||
(14) "Auditable voting system" means a voting system | ||
that: | ||
(A) uses, creates, or displays a paper record | ||
that may be read by the voter and that is deposited by the voter into | ||
a secure ballot box; and | ||
(B) is not capable of being connected to the | ||
Internet or any other computer network or electronic device. | ||
SECTION 2. Subchapter H, Chapter 127, Election Code, is | ||
amended by adding Section 127.2015 to read as follows: | ||
Sec. 127.2015. PARTIAL COUNT OF AUDITABLE VOTING SYSTEM | ||
BALLOTS BY GENERAL CUSTODIAN. (a) In this section, "ballot box" | ||
means all ballot boxes used for the deposit of voters' marked | ||
ballots at a polling place or early voting polling place, whether | ||
one or multiple physical ballot boxes were used. | ||
(b) Notwithstanding Section 127.201, not later than 24 | ||
hours after all ballots have been counted in an election, the | ||
general custodian of election records in each county shall conduct | ||
by hand a partial count of ballots cast for a selected number of | ||
ballot boxes. Each ballot box selected must be from a polling place | ||
in which an auditable voting system was used, and the number of | ||
ballot boxes selected for the partial count shall be the greater of: | ||
(1) two; or | ||
(2) 10 percent of the number of ballot boxes used in | ||
the election, rounded up to the nearest even number. | ||
(c) Not later than 18 hours after the completion of the | ||
initial counting or tabulation of election results and with not | ||
less than six hours' notice given to each participant, the general | ||
custodian of election records shall conduct a telephone conference | ||
call with the following persons: | ||
(1) the general custodian; | ||
(2) the county chair of the political party who | ||
received the most votes in the county in the most recently preceding | ||
gubernatorial election, or the chair's designee; | ||
(3) the county chair of the political party who | ||
received the second most votes in the county in the most recently | ||
preceding gubernatorial election, or the chair's designee; | ||
(4) up to three additional persons selected by each | ||
person participating under Subdivisions (2) and (3); and | ||
(5) if a person described by Subdivision (2) or (3) | ||
does not attend, a person appointed by the state chair of the | ||
person's party to replace that person and up to three additional | ||
persons appointed by the state chair to replace the persons | ||
described by Subdivision (4). | ||
(d) During the conference call under Subsection (c), the | ||
general custodian of election records shall allow each party chair | ||
or party chair's representative to select ballot boxes to be | ||
subject to a partial count conducted under this section. The chairs | ||
shall alternate selections, beginning with the chair of the party | ||
that received the most votes in the county in the most recently | ||
preceding gubernatorial election, until the number of ballot boxes | ||
selected for the partial count has satisfied the requirement of | ||
Subsection (b). | ||
(e) If a party leader or representative fails to attend the | ||
conference call as required under Subsection (c), the secretary of | ||
state shall select ballot boxes for the partial count at random on | ||
the party's behalf. | ||
(f) The general custodian of election records shall | ||
complete the partial count not later than 24 hours before the time | ||
for conducting the canvass of the election. | ||
(g) The general custodian of election records shall post a | ||
notice of the date, hour, and place of the partial count in the | ||
custodian's office and on the county's Internet website, if the | ||
county maintains a website, at least 18 hours before beginning the | ||
count and shall post the results of the count in the same manner | ||
immediately after the conclusion of the count. The notice must | ||
identify the ballot boxes chosen for the count. | ||
(h) A watcher may be present at all stages of the partial | ||
count if appointed by a candidate in the election from the moment a | ||
ballot box is taken from its place of storage until the count is | ||
completed and all ballot boxes examined in the count are returned to | ||
the place of storage. A watcher must deliver a certificate of | ||
appointment to the general custodian of election records at the | ||
time the watcher reports for service. The certificate must be in | ||
writing and must include: | ||
(1) the printed name and signature of the watcher; | ||
(2) the election subject to the partial count; and | ||
(3) the printed name and signature of the candidate | ||
making the appointment. | ||
(i) The secretary of state may appoint personnel to assist | ||
with the partial count, including applicable voting system | ||
technicians or representatives and persons who have assisted with | ||
the design and implementation of the count. | ||
(j) If a partial count conducted under this section reveals | ||
a disparity of more than 20 votes between the initial reported | ||
outcome of an election at a polling place and the results determined | ||
by the partial count, notwithstanding any other law, an automatic | ||
recount under Chapter 216 must be conducted in the county for the | ||
election in which the disparity is identified. The recount shall be | ||
a manual recount by hand of paper records in accordance with | ||
Subchapter A, Chapter 214. All candidates in the election and the | ||
county chair of any political party in the county must be notified | ||
by the general custodian of election records. | ||
(k) The secretary of state may not waive any requirements of | ||
this section. | ||
(l) This section applies only to an election held after | ||
August 31, 2022, in which an auditable voting system is used. | ||
SECTION 3. Section 127.301, Election Code, as effective | ||
September 1, 2021, is amended to read as follows: | ||
Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies to an election: | ||
(1) that occurs after August 31, 2024 [ |
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(2) that contains a race or measure that is voted on | ||
statewide; and | ||
(3) in which an auditable voting system [ |
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SECTION 4. Section 127.305(e), Election Code, as effective | ||
September 1, 2021, is amended to read as follows: | ||
(e) This section expires August 31, 2024 [ |
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SECTION 5. Sections 129.003(e) and (g), Election Code, as | ||
effective September 1, 2021, are amended to read as follows: | ||
(e) An authority that purchased a voting system other than | ||
an auditable voting system after September 1, 2014, and before | ||
September 1, 2021, may use available federal funding and, if | ||
federal funding is not available, available state funding to | ||
convert the purchased voting system into an auditable voting system | ||
in accordance with the following schedule: | ||
(1) if the voting system was converted into an | ||
auditable voting system not later than the election taking place | ||
November 8, 2022, the authority is eligible to have 100 percent of | ||
the cost of conversion reimbursed under this section; and | ||
(2) if the authority is not eligible for a 100 percent | ||
reimbursement of cost under Subdivision (1) and the voting system | ||
was converted into an auditable voting system not later than the | ||
election taking place November 5, 2024 [ |
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eligible to have 50 percent of the cost of conversion reimbursed | ||
under this section. | ||
(g) Subsections (b), (c), and (d) do not apply to an | ||
election held before September 1, 2024 [ |
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SECTION 6. Subchapter A, Chapter 129, Election Code, is | ||
amended by adding Section 129.004 to read as follows: | ||
Sec. 129.004. VIDEO SURVEILLANCE OF BALLOT BOXES. (a) In | ||
this section, "chair" means a county chair of a political party that | ||
received the greatest or second-greatest number of votes in the | ||
chair's county at the most recent gubernatorial election. | ||
(b) A chair may, at the party's expense, authorize the | ||
installation and maintenance of temporary video surveillance | ||
equipment: | ||
(1) at any polling location used in the county for | ||
early voting by personal appearance or for election day, for the | ||
sole purpose of recording any activity involving interaction with a | ||
ballot box; and | ||
(2) at the central counting station in the county, for | ||
the sole purpose of recording any activity involving interaction | ||
with a ballot box. | ||
(c) The secretary of state shall adopt rules as necessary to | ||
administer this section. Rules adopted under this subsection must | ||
require that: | ||
(1) ballot boxes be protected from tampering at all | ||
times; | ||
(2) ballot boxes subject to surveillance under this | ||
section be kept in surveilled areas except as necessary to | ||
transport the boxes directly from one location to another in | ||
accordance with this code; | ||
(3) watchers be permitted to observe the | ||
transportation of a ballot box from one location to another; | ||
(4) video surveillance equipment installed under this | ||
section be positioned so that the equipment does not record the face | ||
of a voter or the content of a ballot; and | ||
(5) persons be prevented from interfering with the | ||
operation of surveillance equipment installed in accordance with | ||
this section. | ||
(d) A person commits an offense if the person intentionally | ||
or knowingly: | ||
(1) interferes with the operation of video | ||
surveillance equipment installed under this section; or | ||
(2) prevents a watcher from observing activity the | ||
watcher is entitled to observe under this section. | ||
(e) An offense under Subsection (d) is a felony of the third | ||
degree. | ||
(f) The secretary of state may not waive any requirements of | ||
this section. | ||
(g) This section applies only to an election held after | ||
August 31, 2022, and in which an auditable voting system is used. | ||
SECTION 7. Sections 129.054(a) and (b), Election Code, as | ||
effective September 1, 2021, are amended to read as follows: | ||
(a) A voting system may not be connected to any external | ||
communications network, including the Internet. Beginning | ||
September 1, 2024 [ |
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being connected to any external or internal communications network, | ||
including the Internet. | ||
(b) A voting system may not have the capability of | ||
permitting wireless communication unless the system uses | ||
line-of-sight infrared technology that shields the transmitter and | ||
receiver from external infrared transmissions and the system can | ||
only accept transmissions generated by the system. Beginning | ||
September 1, 2024 [ |
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capability of permitting wireless communication. | ||
SECTION 8. Section 129.003(a), Election Code, as effective | ||
September 1, 2021, is repealed. | ||
SECTION 9. This Act takes effect on the 91st day after the | ||
last day of the legislative session. |