Bill Text: TX HB95 | 2021 | 87th Legislature 2nd 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.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2021-08-23 - Referred to Constitutional Rights & Remedies [HB95 Detail]
Download: Texas-2021-HB95-Introduced.html
| 87S20192 ADM-F | ||
| By: Jetton | H.B. No. 95 | |
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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. | ||
