HOUSE BILL 999
By Warner
SENATE BILL 1028
By Pody
SB1028
001310
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AN ACT to amend Tennessee Code Annotated, Title 2,
relative to elections.
WHEREAS, hand-marked paper election ballots have become a major national issue
concerning the security and purity of the ballot box; and
WHEREAS, in 2020, secure markings were generally accepted for use for electronically
generated ballots; and
WHEREAS, additional concerns have been raised regarding the use of quick-response
(QR) codes and bar codes for ballot tabulation, as compared to human readable text; and
WHEREAS, other states have already addressed concerns regarding the composition of
their respective states' paper ballots; and
WHEREAS, efforts to secure the ballot have already been enacted in other states and
are herein recommended, based on Georgia Senate Bill 189 from Georgia's 2023-2024 Regular
Session and others; and
WHEREAS, these changes are necessary for a myriad of other reasons in order to
maintain the integrity of both the ballot and our elections in Tennessee; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 2-5-206(a), is amended by deleting
the subsection and substituting the following:
(a)
(1) Voting machine ballot labels and names of candidates must be
printed in black ink with office titles printed in black or red ink on clear material of
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such size as will fit the ballot frame and in as plain, clear type as the space will
reasonably permit.
(2) Except as otherwise authorized by law, all voting machine ballots in
an election must use paper that includes a visible secure watermark, as required
under § 2-5-212(a)(1)(A), and approved by the coordinator of elections, as
required under § 2-5-212(a)(2). For purposes of this subdivision (a)(2), the
watermark must be easily discernible for verification purposes by the counting
board.
SECTION 2. Tennessee Code Annotated, Section 2-5-207(b)(2), is amended by
deleting the subdivision and substituting the following:
(2) Except as otherwise authorized by law, all paper ballots in an election,
including absentee ballots, must use paper that includes a visible secure watermark, as
required under § 2-5-212(a)(1)(B), and approved by the coordinator of elections, as
required under § 2-5-212(a)(2). For purposes of this subdivision (b)(2), the watermark
must be easily discernible for verification purposes by the counting board.
SECTION 3. Tennessee Code Annotated, Section 2-5-208, is amended by adding the
following as a new subsection:
( ) The coordinator of elections shall define the method and type of visible
secure watermark used for election ballots, as provided for voting machine ballots under
§ 2-5-212(a)(1)(A) and for paper ballots under § 2-5-212(a)(1)(B), and the placement of
the watermark on each form of ballot.
SECTION 4. Tennessee Code Annotated, Title 2, Chapter 5, Part 2, is amended by
adding the following as a new section:
2-5-212. Security features of ballots -- Tabulation.
(a)
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(1) All ballots cast by a voter and tabulated in a primary or general
election must contain a visible secure watermark as a security feature, including:
(A) All voting machine ballots, as provided under § 2-5-206(a)(2);
and
(B) All paper ballots, as provided under § 2-5-207(b)(2).
(2) The coordinator of elections shall define the method and type of
secure watermark used for each form of ballot and the placement of the
watermark on the ballot, and may authorize the use of invisible ink or pre-printed
opaque images to produce the watermark; provided, however, that the resulting
watermark is visible on the ballot. For purposes of this subsection (a), the
watermark must be easily discernible for verification purposes by the counting
board.
(b) The official tabulation count of any ballot scanner must be based upon the
text portion or the machine mark of the ballot; provided, however, that the mark:
(1) Clearly denotes the voter's selection; and
(2) Does not use a quick-response (QR) code, bar code, nor any other
type of machine coding printed on the ballot for the purposes of tabulating a
voter's selection on the ballot.
SECTION 5. Tennessee Code Annotated, Section 2-5-211, is amended by adding the
following as a new subsection:
( ) A sample ballot is not required to contain a visible secure watermark under §
2-5-212.
SECTION 6. Tennessee Code Annotated, Section 2-6-202, is amended by adding the
following as a new subsection:
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( ) Absentee ballots are subject to scanning, posting, and auditing under the
Tennessee Voter Confidence Act, compiled in title 2, chapter 20.
SECTION 7. Tennessee Code Annotated, Section 2-7-114(c)(1), is amended by adding
the following after the last sentence of the subdivision:
Each paper ballot must contain a visible secure watermark, as required by § 2-5-
212(a)(1)(B).
SECTION 8. Tennessee Code Annotated, Section 2-9-101(d)(1), is amended by adding
the following after the last sentence of the subdivision:
Each voting machine used by a county election commission must produce a ballot that
contains a visible secure watermark, as required by § 2-5-212.
SECTION 9. Tennessee Code Annotated, Section 2-20-104(a)(1), is amended by
deleting subdivisions (A) and (B) and substituting the following:
(A) Must be certified pursuant to § 2-9-110 and certified by the election
assistance commission as having met the applicable voluntary systems guidelines. In
addition, the precinct-based optical scanners must be tested to ensure the scanners
operate in accordance with the guidelines;
(B) Must, with all relevant documentation, be made available by their vendors, at
the request of the state election commission or the secretary of state for review by an
independent expert, selected by the state election commission or the secretary of state,
to ensure the functionality and security of its systems; and
(C) Must be capable of tabulating a ballot that contains a visible secure
watermark feature, as required for ballots under § 2-5-212.
SECTION 10. Tennessee Code Annotated, Title 2, Chapter 20, is amended by adding
the following new sections:
2-20-109. Scanning of paper ballots - Creation of ballot scan images.
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(a)
(1) Notwithstanding any law to the contrary, all paper ballots tabulated in
a primary or general election must be scanned so that a digital image of the
ballot is rendered when the ballot is scanned.
(2) All paper ballot scan images must be of an image resolution of no
less than six hundred (600) dots per square inch, or of the highest resolution
possible for the certified voting system. All paper ballot scan images created
pursuant to this section must be saved and maintained in a manner and duration
specified by the secretary of state and applicable state and federal laws.
(b) Pursuant to an audit conducted under § 2-20-103 or § 2-20-111, and as
provided under § 2-20-110, the secretary of state shall post on its website the scanned
images of ballots created pursuant to this section and requested for review under the
ballot audit.
(c) A paper ballot that is scanned pursuant to this section must be stored and
processed according to the following process:
(1) After being scanned, the ballot must be immediately placed in a
sealed, tamper-resistant container for storage and safekeeping;
(2) The container storing the scanned ballots must possess a label with a
unique identifying number that corresponds to the voter precinct where the ballot
was cast;
(3) The unique identifying number of the container must be recorded on
the chain of custody documents, as specified by the secretary of state; and
(4) The chain of custody documents must be signed by each person
responsible for taking custody of and storing ballots under this subsection (c),
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and the date and time of the storage of ballots must be entered on the chain of
custody documents.
2-20-110. Posting of scanned paper ballots.
(a)
(1) The secretary of state shall create and administer a statewide
program for the purpose of posting on the secretary of state's website digital
images of scanned paper ballots created by voting systems in an election
pursuant to § 2-20-109 and requested for audit under § 2-20-103 or § 2-20-111.
(2) All posted scans must have a resolution of no less than two hundred
(200) dots per inch.
(b)
(1) Digital images of the scanned ballots created as part of the
preliminary tabulation process must be posted no later than five o'clock p.m.
(5:00 p.m.) on the second Friday following the day of the election.
(2) Any additional scanned ballot images that are created in the
tabulation process up to and including the final certification of any election must
be summarily included in any scanned ballot postings by the secretary of state.
2-20-111. Audit of paper ballot images.
(a)
(1) The secretary of state shall create and administer a statewide
program for the purpose of auditing paper ballot images through the use of
optical character recognition technology, or other related technology, that can
verify the human-readable text portion of a ballot.
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(2) The auditing program must not be based on or utilize for tabulation
any quick-response (QR) code, bar code, nor any other type of machine coding
printed on the ballot.
(b) A report that includes all ballot types must be conducted and produced, and
released prior to final certification of the election.
(c) The secretary of state may scan, post, and audit paper ballots pursuant to an
audit conducted under § 2-20-103.
2-20-112. Applicability.
Sections 2-20-109 – 2-20-111 apply to all ballots used in primary or general
elections; provided, however, the requirements of those sections apply only to ballots
tabulated in an election in this state conducted on or after July 1, 2025.
SECTION 11. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 12. This act takes effect July 1, 2025, the public welfare requiring it.