Bill Text: TX SB506 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to certain voting systems.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-05-19 - Failed to receive affirmative vote in comm. [SB506 Detail]
Download: Texas-2017-SB506-Engrossed.html
By: West, Garcia | S.B. No. 506 |
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relating to certain voting systems. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 43.007(c) and (d), Election Code, are | ||
amended to read as follows: | ||
(c) In conducting the program, the secretary of state shall | ||
provide for an audit of the voting system [ |
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unit described by Subsection (d)(4), before and after the election, | ||
and during the election to the extent such an audit is practicable. | ||
(d) The secretary of state shall select to participate in | ||
the program each county that: | ||
(1) has held a public hearing under Subsection (b); | ||
(2) has submitted documentation listing the steps | ||
taken to solicit input on participating in the program by | ||
organizations or persons who represent the interests of voters; | ||
(3) has implemented a computerized voter registration | ||
list that allows an election officer at the polling place to verify | ||
that a voter has not previously voted in the election; | ||
(4) uses either direct recording electronic voting | ||
machines or a voting system capable of printing all available | ||
ballot styles of that polling place; and | ||
(5) is determined by the secretary of state to have the | ||
appropriate technological capabilities. | ||
SECTION 2. Section 121.003, Election Code, is amended by | ||
adding Subdivisions (13) and (14) to read as follows: | ||
(13) "Precinct ballot counter" means a voting system | ||
under which paper ballots are deposited into a ballot scanner | ||
attached to a secure ballot box. | ||
(14) "Central accumulator" means a part of a voting | ||
system that tabulates and consolidates the vote totals for multiple | ||
precincts. | ||
SECTION 3. Section 122.001, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) A voting system that uses a central accumulator may not | ||
be used in an election unless the central accumulator creates in | ||
real time an audit log including a date and time stamp of each | ||
significant election event as determined by the secretary of state. | ||
SECTION 4. Chapter 125, Election Code, is amended by adding | ||
Subchapter D to read as follows: | ||
SUBCHAPTER D. VOTING SYSTEM USING PRECINCT BALLOT COUNTER | ||
Sec. 125.101. VOTING SYSTEM USING PRECINCT BALLOT COUNTER. | ||
(a) A voting system that uses a precinct ballot counter must | ||
comply with the requirements of this subchapter in addition to | ||
other applicable procedures prescribed by this code. | ||
(b) To the extent not in conflict with this subchapter, a | ||
provision of this code applicable to an electronic voting system is | ||
applicable to a voting system that uses a precinct ballot counter. | ||
Sec. 125.102. PRECINCT BALLOT COUNTER USED DURING EARLY | ||
VOTING BY PERSONAL APPEARANCE. (a) This section applies only to | ||
voting during the period for early voting by personal appearance. | ||
(b) A precinct ballot counter must be properly secured to | ||
prevent tampering or the unauthorized deposit of ballots. | ||
(c) The early voting clerk or deputy early voting clerk must | ||
inspect a precinct ballot counter before voting begins on each day | ||
to ensure that the precinct ballot counter: | ||
(1) is properly locked with two locks, each with a | ||
different key; | ||
(2) is properly sealed to detect an unauthorized | ||
opening of the box; and | ||
(3) registers that no votes have been cast on that day. | ||
(d) At the conclusion of voting on each day, the presiding | ||
judge shall: | ||
(1) print a report from the precinct ballot counter | ||
showing the number of ballots cast on that day; and | ||
(2) ensure that the precinct ballot counter is | ||
properly locked, sealed, and powered off to prevent tampering or | ||
the unauthorized deposit of ballots. | ||
(e) If a precinct ballot counter is not able to print the | ||
report described by Subsection (d)(1), an election officer shall | ||
complete a daily ballot count manually and generate a report. A | ||
report described by this subsection must be signed by at least two | ||
election officers each time an entry is made and may be signed by | ||
any poll watchers present. | ||
(f) The secretary of state shall prescribe the form of the | ||
report described by Subsection (d)(1). | ||
(g) The early voting clerk or deputy early voting clerk may | ||
not print a results tape from a precinct ballot counter. | ||
Sec. 125.103. PROCEDURES BEFORE VOTING BEGINS ON ELECTION | ||
DAY. The presiding election judge must inspect a precinct ballot | ||
counter before voting begins on election day to ensure that the | ||
precinct ballot counter: | ||
(1) is properly locked and sealed; and | ||
(2) registers that no votes have been cast. | ||
Sec. 125.104. ACCEPTING BALLOT. (a) A precinct ballot | ||
counter must be designed to accept or reject a voter's ballot | ||
according to programmed instructions. The programmed instructions | ||
shall reject and return to the voter a ballot that is blank or | ||
overvoted. | ||
(b) A voter whose ballot is rejected by a precinct ballot | ||
counter may: | ||
(1) attempt to correct the ballot; | ||
(2) return the ballot to an election officer as a | ||
spoiled ballot and request a replacement ballot, except as provided | ||
by Subsection (c); or | ||
(3) request that an election officer override the | ||
rejection and instruct the precinct ballot counter to accept the | ||
ballot as voted. | ||
(c) A voter may not be given a replacement ballot under | ||
Subsection (b)(2) if the voter has already been provided with two | ||
replacement ballots under that subsection for the election. A | ||
voter who has reached the limit for replacement ballots must follow | ||
the procedure provided by Subsection (b)(3). | ||
SECTION 5. Chapter 127, Election Code, is amended by adding | ||
Subchapter I to read as follows: | ||
SUBCHAPTER I. PROCESSING RESULTS OF VOTING SYSTEM USING PRECINCT | ||
BALLOT COUNTER | ||
Sec. 127.251. PRECINCT BALLOT COUNTER. (a) This | ||
subchapter applies to the processing of election results in a | ||
voting system using a precinct ballot counter. | ||
(b) The secretary of state shall prescribe any necessary | ||
procedures, in addition to those prescribed by this subchapter, for | ||
processing the election results. | ||
Sec. 127.252. PROCEDURES AFTER VOTING COMPLETED. | ||
(a) After the last voter has voted on election day, the presiding | ||
judge must secure a precinct ballot counter to ensure that no | ||
additional votes can be cast. | ||
(b) If the votes cast on a precinct ballot counter are not to | ||
be counted at a central counting station, the presiding judge shall | ||
print three copies of the tape containing the ballot tabulation | ||
from the precinct ballot counter for purposes of checking for a | ||
discrepancy under Section 127.156. If a discrepancy is found as | ||
provided by that section, the official tabulation shall be | ||
conducted in the manner provided by Section 127.157. | ||
Sec. 127.253. PROCESSING RESULTS AT CENTRAL COUNTING | ||
STATION. If votes cast on a precinct ballot counter are to be | ||
counted at a central counting station, the procedures established | ||
for counting votes under Subchapters C and E must be followed. | ||
Sec. 127.254. EARLY VOTING BALLOTS COUNTED BY EARLY VOTING | ||
BALLOT BOARD. (a) At the time tabulation is to begin, the | ||
presiding judge of the early voting ballot board shall inspect the | ||
precinct ballot counter to determine whether the seals are intact | ||
and that they match the serial numbers listed on the ballot and seal | ||
certificate. If the seals are not intact, the ballots must be | ||
counted with another tabulation device. | ||
(b) If the seals are intact, the presiding judge shall print | ||
a report from the precinct ballot counter to verify that no | ||
unauthorized ballots have been cast since the conclusion of early | ||
voting by personal appearance. | ||
(c) If the report printed under Subsection (b) shows that no | ||
unauthorized ballots were cast on the precinct ballot counter, the | ||
presiding judge shall print three copies of the tape containing the | ||
ballot tabulation from the precinct ballot counter for purposes of | ||
checking for a discrepancy under Section 127.156. | ||
(d) If no discrepancy under Section 127.156 requires the | ||
official tabulation of ballots to be conducted at a central | ||
counting station as provided by Section 127.157, the presiding | ||
judge shall use the printed results tapes, and any tally sheets used | ||
for the manual counting of write-in votes, to prepare the early | ||
voting precinct returns. | ||
Sec. 127.255. EARLY VOTING BALLOTS COUNTED AT CENTRAL | ||
COUNTING STATION. If early voting ballots cast on a precinct ballot | ||
counter are to be counted at a central counting station, the | ||
procedures established for counting votes under Subchapters C and E | ||
must be followed. | ||
Sec. 127.256. COUNTING OF EARLY VOTING BALLOTS VOTED BY | ||
MAIL. (a) A precinct ballot counter may be used to count early | ||
voting ballots voted by mail. | ||
(b) A precinct ballot counter used during early voting by | ||
personal appearance may be used to count early voting ballots voted | ||
by mail if: | ||
(1) all appropriate documentation, including rosters | ||
and voting history, are maintained separately for early ballots | ||
cast by mail and by personal appearance; | ||
(2) the authority counting the ballots prints a report | ||
from the precinct ballot counter showing that no unauthorized | ||
ballots were cast on the precinct ballot counter after the close of | ||
early voting by personal appearance; and | ||
(3) the authority counting the ballots removes all | ||
ballots cast during early voting by personal appearance from the | ||
precinct ballot counter and places them in a secured container. | ||
(c) The presiding judge of the authority counting the | ||
ballots shall place the early voting ballots voted by mail in the | ||
precinct ballot counter to be scanned and counted. | ||
(d) On completion of the scanning, the early voting ballots | ||
voted by mail shall be removed from the precinct ballot counter and | ||
placed in a secured container. The container may be the same as the | ||
container described by Subsection (b)(3), but early voting ballots | ||
voted by personal appearance must be maintained separately from the | ||
early voting ballots voted by mail. | ||
(e) The presiding judge of the authority counting the | ||
ballots shall print two copies of the tape containing the ballot | ||
tabulation from the precinct ballot counter to verify that the | ||
total number of ballots scanned is equal to the sum of the total | ||
number of ballots scanned from early voting by personal appearance | ||
and the total number of ballots scanned from early voting by mail on | ||
the precinct ballot counter. | ||
(f) Any deviation from the procedures described by this | ||
section must be approved by the secretary of state. | ||
SECTION 6. Section 127.067, Election Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) An audit log produced by a central accumulator is | ||
considered part of the election records. | ||
SECTION 7. Subchapter E, Chapter 127, Election Code, is | ||
amended by adding Section 127.1302 to read as follows: | ||
Sec. 127.1302. PREPARING AUDIT LOG. (a) A poll watcher | ||
may request a printed copy of an audit log produced by a central | ||
accumulator: | ||
(1) before any votes are tabulated; | ||
(2) after early voting results are tabulated; and | ||
(3) immediately following the completion of the vote | ||
tabulation. | ||
(b) After the automatic counting of ballots for each | ||
precinct is completed, the manager of a central counting station | ||
shall print a copy of the entire audit log to retain with other | ||
election records. | ||
SECTION 8. Section 129.054, Election Code, is amended to | ||
read as follows: | ||
Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY. | ||
(a) A voting system, including any voting system used in the | ||
countywide polling place program, may not be connected to any | ||
external communications network, including the Internet. | ||
(b) A voting system, including any voting system used in the | ||
countywide polling place program, 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. | ||
SECTION 9. 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 September 1, 2017. |