Bill Text: TX SB1642 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the disposition of certain election records.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [SB1642 Detail]
Download: Texas-2023-SB1642-Introduced.html
88R12155 PRL-F | ||
By: Hall | S.B. No. 1642 |
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relating to the disposition of certain election records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 65.013(b), Election Code, is amended to | ||
read as follows: | ||
(b) The register must state: | ||
(1) the total number of ballots received for | ||
conducting voting at the polling place; | ||
(2) the number of defectively printed ballots | ||
received; | ||
(3) the number of ballots provided to voters as | ||
indicated by the number of voters on the poll list; | ||
(4) the number of spoiled ballots returned by voters; | ||
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(5) the number of unused ballots that are not | ||
accounted for as defectively printed ballots; | ||
(6) the range of serial numbers of the ballots | ||
received for conducting voting at the polling place; | ||
(7) the range of serial numbers of the ballots | ||
provided to voters; and | ||
(8) the serial numbers of the spoiled ballots. | ||
SECTION 2. Section 65.055(b), Election Code, is amended to | ||
read as follows: | ||
(b) The board shall place the ballot in a separate envelope | ||
for provisional ballots in the [ |
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provisional ballots accepted for voting in the same precinct [ |
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SECTION 3. Sections 65.056(b) and (d), Election Code, are | ||
amended to read as follows: | ||
(b) The early voting ballot board shall place the envelopes | ||
containing rejected provisional ballots in envelopes segregated | ||
and marked by precinct [ |
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envelope. More than one envelope for each precinct may be used if | ||
necessary. | ||
(d) A board member shall deliver the envelopes [ |
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containing the rejected provisional ballots to the general | ||
custodian of election records to be preserved for the period for | ||
preserving the precinct election records. The envelopes [ |
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may not be placed in the box containing the accepted provisional | ||
ballots or any other election records. | ||
SECTION 4. Section 66.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 66.002. PRECINCT ELECTION RECORDS. In this chapter, | ||
"precinct election records" means the precinct election returns, | ||
voted ballots, and other records of an election that are assembled | ||
and distributed under this chapter, and includes election data, as | ||
defined by Section 279.001, associated with the precinct. | ||
SECTION 5. Section 66.0021(b), Election Code, is amended to | ||
read as follows: | ||
(b) The general custodian of election records for a primary | ||
election or the general election for state and county officers | ||
shall maintain a list that states the total number of votes cast in | ||
each precinct by personal appearance during the [ |
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period [ |
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the day after election day. | ||
SECTION 6. Section 66.058, Election Code, is amended by | ||
amending Subsections (a), (b), (b-1), (c), and (g), and adding | ||
Subsections (b-2) and (g-1) to read as follows: | ||
(a) Except as otherwise provided by this code, the precinct | ||
election records shall be preserved by the authority to whom they | ||
are distributed for at least 36 [ |
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(b) For a period of at least 60 days after the date of the | ||
election, the voted ballots shall be preserved securely in a locked | ||
room in the locked ballot box in which they are delivered to the | ||
general custodian of election records. On the 61st day after | ||
election day, the general custodian of election records shall | ||
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(1) require a person who has possession of a key that | ||
operates the lock on a ballot box containing voted ballots to return | ||
the key to the custodian; [ |
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(2) unlock the ballot box and transfer the voted | ||
ballots to another secure container, segregated and marked by | ||
precinct, for the remainder of the preservation period; and | ||
(3) create and maintain an index of voted ballots and | ||
ballot numbers assigned to each precinct, categorized by precinct | ||
location and polling place location, and make the index available | ||
to the public on the county election Internet website, if the county | ||
maintains a website. | ||
(b-1) Except as permitted by this code, a ballot box or | ||
other secure container containing voted ballots may not be opened | ||
during the first 60 days of the preservation period. | ||
(b-2) A secure container that ballots or other precinct | ||
election records are transferred to under this section must be | ||
sealed with a uniquely numbered seal, and the number shall be logged | ||
to ensure chain of custody during the preservation period. | ||
(c) If during the preservation period an authorized entry is | ||
made into a ballot box or other secure container containing voted | ||
ballots, when the purpose for the entry is fulfilled, the box or | ||
container shall be relocked or resecured and resealed with a | ||
uniquely numbered, logged seal, and the box and key or secure | ||
container returned to the custodian. | ||
(g) Electronic records created under any other provision of | ||
this code [ |
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segregated and marked by precinct. | ||
(g-1) If ballots are imaged during the election process, the | ||
general custodian of election records shall post the ballot images, | ||
including the serial number assigned to the ballot and indexed by | ||
precinct, on the county's Internet website or the secretary of | ||
state's Internet website not later than five days after the | ||
election. | ||
SECTION 7. Section 66.059(c), Election Code, is amended to | ||
read as follows: | ||
(c) Any interested person may observe the opening of the | ||
box, and the opening of the box must be witnessed by two witnesses | ||
who shall sign a sworn statement that confirms that the erroneously | ||
placed election record was removed and where it was placed. The | ||
sworn statement shall be preserved with the other precinct election | ||
records. | ||
SECTION 8. Section 66.060(c), Election Code, is amended to | ||
read as follows: | ||
(c) The custodian of the key to ballot box no. 3 shall keep | ||
the key in a secure, locked place for the period for preserving the | ||
precinct election records except for the time the key is | ||
temporarily out of the custodian's custody in accordance with this | ||
code. | ||
SECTION 9. Section 66.025(b), Election Code, is repealed. | ||
SECTION 10. This Act takes effect September 1, 2023. |