Bill Text: TX SB598 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to auditable voting systems.

Spectrum: Partisan Bill (Republican 18-0)

Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB598 Detail]

Download: Texas-2021-SB598-Comm_Sub.html

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By: Kolkhorst S.B. No. 598
(Jetton)

A BILL TO BE ENTITLED
AN ACT
relating to auditable voting systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 127, Election Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. RISK-LIMITING AUDIT
Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to an election:
(1) that occurs after August 31, 2026;
(2) that contains a race or measure that is voted on
statewide; and
(3) in which an auditable voting system described by
Section 129.003(a) is used.
Sec. 127.302. RISK-LIMITING AUDIT. (a) Not later than 24
hours after all ballots have been counted in an election, the
general custodian of election records shall conduct a risk-limiting
audit for a selected statewide race or measure.
(b) The secretary of state shall select, in accordance with
rules adopted by the secretary, the precincts to be counted and the
office or proposition to be counted.
(c) The general custodian of election records shall
complete the audit not later than 24 hours before the time for
conducting the canvass of the election.
(d) The general custodian of election records shall post a
notice of the date, hour, and place of the audit in the custodian's
office and on the county's Internet website, if the county
maintains a website.
(e) A watcher may be present for the audit if appointed by a
candidate in the election. 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 audit; and
(3) the printed name and signature of the candidate
making the appointment.
(f) The secretary of state may appoint personnel to assist
with the audit, including applicable voting system technicians or
representatives and persons who have assisted with the design and
implementation of the audit.
Sec. 127.303. RULES. (a) The secretary of state shall
adopt rules prescribing procedures necessary to implement this
subchapter.
(b) Rules adopted under this subchapter must include a rule,
using widely accepted statistical methods, that provides for the
number or percentage of paper records that must be counted in a
risk-limiting audit under Section 127.302.
Sec. 127.304. PUBLICATION OF RESULTS. The results of a
risk-limiting audit conducted under this subchapter must be
published on the Internet website of the secretary of state not
later than three days after the completion of the audit.
Sec. 127.305. PILOT PROGRAM. (a) Notwithstanding Section
127.301(1), the secretary of state shall conduct a pilot program,
beginning with the election taking place November 8, 2022, of the
risk-limiting audit program created under this subchapter.
(b) The secretary of state shall select at least five
counties to participate in the pilot program. At least one county
participating in the pilot program must have a population of at
least 500,000.
(c) After each election conducted under the pilot program,
the secretary of state shall send a detailed report to each member
of the legislature evaluating the success of the program and making
a recommendation as to whether the legislature should act to delay
the statewide implementation of the program.
(d) The secretary of state shall adopt rules as necessary to
implement this section.
(e) This section expires August 31, 2026.
Sec. 127.306. WAIVER NOT PERMITTED. The secretary of state
may not waive any requirements of this subchapter.
SECTION 2. Subchapter A, Chapter 129, Election Code, is
amended by adding Section 129.003 to read as follows:
Sec. 129.003. PAPER AUDIT TRAIL REQUIRED. (a) In this
section, "auditable voting system" means a voting system that:
(1) uses, creates, or displays a paper record that may
be read by the voter; and
(2) is not capable of being connected to the Internet
or any other computer network or electronic device.
(b) Except as otherwise provided by this section, a voting
system that consists of direct recording electronic voting machines
may not be used in an election unless the system is an auditable
voting system.
(c) The electronic vote is the official record of the vote
cast if a risk-limiting audit conducted under Section 127.302
produces strong evidence that the reported outcome of the election
matches the results that a full counting of the paper records would
reveal.
(d) The paper record is the official record of the vote
cast:
(1) for a recount under Title 13, including a recount
of ballots cast on a system involving direct recording electronic
voting machines;
(2) for an election contest under Title 14; or
(3) if a risk-limiting audit conducted under Section
127.302 fails to produce strong evidence that the reported outcome
of the election matches the results that a full counting of the
paper records would reveal.
(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 3, 2026, the authority is eligible
to have 50 percent of the cost of conversion reimbursed under this
section.
(f) The secretary of state may use any available funds to
assist an authority with the purchase of an auditable voting system
if the funds have been appropriated for that purpose.
(g) Subsections (b), (c), and (d) do not apply to an
election held before September 1, 2026.
(h) A paper record generated by an auditable voting system
may be used only for the purposes described by this section and may
not be retained by the voter.
(i) Notwithstanding Subsection (b), a voter voting under
Section 64.009 may use a direct recording electronic voting machine
regardless of whether the direct recording electronic voting
machine is part of an auditable voting system.
(j) The secretary of state may not waive any requirements of
this section.
SECTION 3. Section 129.054, Election Code, is amended to
read as follows:
Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
(a) A voting system may not be connected to any external
communications network, including the Internet. Beginning
September 1, 2026, a voting system may not be capable of 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, 2026, a voting system may not have the capability of
permitting wireless communication.
(c) The secretary of state may not waive any requirements of
this section.
SECTION 4. The secretary of state is required to implement a
provision of this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the secretary of
state may, but is not required to, implement a provision of this Act
using other appropriations that are available for that purpose.
SECTION 5. This Act takes effect September 1, 2021.