Bill Text: TX SB79 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to availability of cast ballots under the public information law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-13 - Filed [SB79 Detail]
Download: Texas-2021-SB79-Introduced.html
| 87S20152 BRG-F | ||
| By: Hall | S.B. No. 79 | |
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| relating to availability of cast ballots under the public | ||
| information law. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The purpose of this Act is to instill confidence | ||
| in the elections of this state and protect the secrecy of the ballot | ||
| by ensuring the public's right to audit the results of the public's | ||
| elections by accessing copies of cast ballots that have been | ||
| anonymized. | ||
| SECTION 2. Section 1.012, Election Code, is amended by | ||
| adding Subsections (c-1), (c-2), and (c-3) to read as follows: | ||
| (c-1) Except as provided by Subsections (c-2) and (c-3) and | ||
| notwithstanding any other law, including Section 66.058, a cast | ||
| ballot is public information under Chapter 552, Government Code. | ||
| (c-2) Any information on a ballot subject to a request for | ||
| public information that could be used to identify an individual is | ||
| confidential and shall be withheld and redacted from the ballot. | ||
| (c-3) If a ballot cast in a precinct containing five or | ||
| fewer registered voters on election day is responsive to a request | ||
| for public information, the governmental body, as that term is | ||
| defined under Section 552.003, Government Code, that produces the | ||
| ballot shall take reasonable measures to ensure that production of | ||
| the ballot does not have the effect of disclosing the ballot | ||
| selections of any voter in that precinct. Reasonable measures to | ||
| prevent disclosure of ballot selections under this subsection may | ||
| include redacting precinct identifying information, modifying the | ||
| request for public information to include portions of ballots from | ||
| additional precincts, and aggregating responsive records from | ||
| multiple precincts. | ||
| SECTION 3. This Act takes effect December 1, 2021. | ||
