Bill Text: TX HB17 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a forensic audit of 2020 election results in certain counties.
Spectrum: Partisan Bill (Republican 21-0)
Status: (Introduced - Dead) 2021-09-08 - Filed [HB17 Detail]
Download: Texas-2021-HB17-Introduced.html
By: Toth | H.B. No. 17 |
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relating to a forensic audit of 2020 election results in certain | ||
counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 16, Election Code, is amended by adding | ||
Chapter 280 to read as follows: | ||
CHAPTER 280. FORENSIC AUDIT OF 2020 GENERAL ELECTION | ||
Sec. 280.001. DEFINITIONS. In this chapter: | ||
(1) "Majority precinct" means a precinct in which the | ||
candidate who received the greatest number of votes in the most | ||
recent presidential election is the same candidate who received the | ||
greatest number of votes in the majority of precincts in the county | ||
in the same election. | ||
(2) "Minority precinct" means a precinct in which the | ||
candidate who received the greatest number of votes in the most | ||
recent presidential election is not the candidate who received the | ||
greatest number of votes in the majority of precincts in the county | ||
in the same election. | ||
Sec. 280.002. FORENSIC AUDIT OF 2020 GENERAL ELECTION. (a) | ||
The governor, lieutenant governor, and speaker of the house of | ||
representatives shall appoint an independent third party to conduct | ||
a forensic audit of the general election that took place on November | ||
3, 2020. | ||
(b) The independent third party appointed under this | ||
section shall audit certain precincts in each county with a | ||
population of 415,000 or more, as described by Subsection (c). | ||
(c) The independent third party appointed under this | ||
section shall audit the following precincts: | ||
(1) each minority precinct from a county described by | ||
Subsection (b); and | ||
(2) a number of randomly selected majority precincts | ||
from a county described by Subsection (b) equal to the number of | ||
minority precincts audited in that same county under Subdivision | ||
(1). | ||
(d) The audit under this section shall include an audit of | ||
precinct election records, as defined by Section 66.002. | ||
(e) For each county audited under this section, a | ||
representative of the secretary of state and the county clerk shall | ||
oversee the independent third party appointed under this section to | ||
ensure a proper chain of custody is maintained and documented for | ||
each voting system involved in the audit. | ||
(f) The secretary of state shall implement a video | ||
surveillance system that retains a record of all areas in which | ||
audit activity takes place for the duration of the audit. The | ||
secretary of state shall provide a live video stream of any audit | ||
activity recorded under this subsection on the Internet website of | ||
the secretary of state. | ||
(g) The independent third party appointed under this | ||
section may accept and use donations from any public or private | ||
source to fund the audit. | ||
(h) The audit under this section must begin not later than | ||
November 1, 2021, and be completed not later than February 1, 2022. | ||
(i) Not later than March 1, 2022, the independent third | ||
party conducting the audit under this section shall submit a report | ||
to the governor, the lieutenant governor, the speaker of the house | ||
of representatives, the secretary of state, and each member of the | ||
legislature detailing any anomalies or discrepancies in voter data, | ||
ballot data, or tabulation. | ||
(j) The secretary of state shall publish the report under | ||
Subsection (i) on the Internet website of the secretary of state. | ||
(k) This chapter expires April 1, 2022. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect on the 91st day after the last day of the | ||
legislative session. |