Bill Text: TX HB2075 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to voting system equipment; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to Elections [HB2075 Detail]
Download: Texas-2021-HB2075-Introduced.html
| By: Swanson | H.B. No. 2075 | |
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| relating to voting system equipment; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 31.014, Election Code, is amended by | ||
| amending Subsection (a), (b), and (c) and adding Subsection (d) to | ||
| read as follows: | ||
| (a) The secretary of state shall prescribe specific | ||
| requirements and standards, consistent with this code, for the | ||
| certification of an electronic device used to accept voters under | ||
| Chapter 63 that require the device to: | ||
| (1) produce an electronic copy of the list of voters | ||
| who were accepted to vote for delivery to the election judge after | ||
| the polls close; | ||
| (2) display the voter's original signature in | ||
| accordance with Section 63.002; | ||
| (3) accept a voter for voting even when the device is | ||
| off-line; | ||
| (4) provide the full list of voters registered in the | ||
| county with an indication of the jurisdictional or distinguishing | ||
| number for each territorial unit in which each voter resides; | ||
| (5) time-stamp when each voter is accepted at a | ||
| polling place, including the voter's unique identifier; | ||
| (6) if the county participates in the countywide | ||
| polling place program under Section 43.007 or has more than one | ||
| early voting polling place, transmit a time stamp when each voter is | ||
| accepted, including the voter's unique identifier, to all polling | ||
| place locations; | ||
| (7) time-stamp the receipt of a transmission under | ||
| Subdivision (6); [ |
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| (8) perform a self-assessment on starting up to ensure | ||
| functionality and connectivity; | ||
| (9) maintain a secure wireless connection that does | ||
| not transmit or store data on any device or medium located outside | ||
| the state; and | ||
| (10) produce in an electronic format capable of | ||
| updating in real time and compatible with the statewide voter | ||
| registration list under Section 18.061 data for retention and | ||
| transfer that includes: | ||
| (A) the polling location in which the device was | ||
| used; | ||
| (B) the dated time stamp under Subdivision (5); | ||
| and | ||
| (C) the dated time stamp under Subdivision (7). | ||
| (b) A device described by this section must be certified | ||
| annually by the secretary of state. The secretary of state may not | ||
| certify a device that does not meet each requirement listed in | ||
| Subsection (a). | ||
| (c) The secretary of state shall adopt rules that: | ||
| (1) require a device described by this section used | ||
| during the early voting period or under the countywide polling | ||
| place program under Section 43.007 to update data in 10 minutes or | ||
| less [ |
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| (2) require a county that uses a device described by | ||
| this section to use each device function described by Subsection | ||
| (a). | ||
| (d) If a county uses a device that does not comply with a | ||
| rule adopted under this section or uses a device in a manner that | ||
| does not comply with a [ |
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| [ |
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| the secretary of state shall assess a noncompliance fee. The | ||
| noncompliance fee shall be set at an amount determined by secretary | ||
| of state rule. | ||
| SECTION 1.02. Section 122.032(a), Election Code, is amended | ||
| to read as follows: | ||
| (a) For a voting system or voting system equipment to be | ||
| approved for use in elections, the voting system in which the | ||
| equipment is designed to be used must: | ||
| (1) comply with the standards prescribed by Subchapter | ||
| A; and | ||
| (2) beginning September 1, 2021, have all software and | ||
| data for the voting system manufactured, stored, and held in the | ||
| United States and sold by a company whose: | ||
| (A) headquarters are located in the United | ||
| States; and | ||
| (B) parent company's headquarters, if | ||
| applicable, are located in the United States. | ||
| SECTION 1.03. Subchapter B, Chapter 123, Election Code, is | ||
| amended by adding Section 123.0311 to read as follows: | ||
| Sec. 123.0311. DISCLOSURE OF RELATED ENTITIES. (a) A | ||
| contract under Section 123.031 to acquire equipment necessary for | ||
| operating a voting system from a vendor must identify each person or | ||
| entity that has a five percent or greater ownership interest in: | ||
| (1) the vendor; | ||
| (2) the vendor's parent company, if applicable; and | ||
| (3) each subsidiary or affiliate of the vendor, if | ||
| applicable. | ||
| (b) This section applies only to equipment acquired on or | ||
| after September 1, 2021. | ||
| SECTION 1.04. Section 124.002, Election Code, is amended by | ||
| adding Subsections (c) and (d) to read as follows: | ||
| (c) does not allow ballots to be arranged in a manner that | ||
| allows a political party's candidates to be selected in one motion | ||
| or gesture. | ||
| (d) A person who arranges a ballot in a manner that violates | ||
| Subsection (c) commits an offense. An offense under this section is | ||
| a state jail felony. | ||
| SECTION 1.05. Subchapter A, Chapter 125, Election Code, is | ||
| amended by adding Section 125.0071 to read as follows: | ||
| Section 125.0071. VOTER ALLOWED TO CAST BALLOT AT ANY TIME. | ||
| A voting machine or ballot marking device must allow a voter the | ||
| option to cast or complete the voter's ballot prior to voting on all | ||
| races or measures if the voter affirmatively chooses to do so. | ||
