Texas 2009 - 81st Regular

Texas House Bill HB2524 Compare Versions

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1	1	H.B. No. 2524
2	2
3	3
4	4	AN ACT
5	5	relating to the accuracy, security, and reliability of certain
6	6	electronic voting systems.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 66.058, Election Code, is amended by
9	9	adding Subsection (g) to read as follows:
10	10	(g) Electronic records created under Chapter 129 shall be
11	11	preserved in a secure container.
12	12	SECTION 2. Chapter 129, Election Code, is amended to read as
13	13	follows:
14	14	CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 129.001. APPLICABILITY. (a) This chapter applies
17	17	only to a voting system that uses direct recording electronic
18	18	voting machines.
19	19	(b) To the extent possible, the procedures applicable to an
20	20	electronic voting system under Chapter 127 are applicable to a
21	21	voting system under this chapter.
22	22	Sec. 129.002. GENERAL [CERTAIN DIRECT RECORDING ELECTRONIC
23	23	VOTING MACHINE] PROCEDURES. (a) [As part of the testing of the
24	24	direct recording electronic voting machine equipment before its use
25	25	in a particular election, the general custodian of election records
26	26	shall include a specific test of each machine's logic and accuracy
27	27	functions to ensure that the machine properly records, counts, and
28	28	tabulates the votes.
29	29	[(b)] Each direct recording electronic voting machine must
30	30	provide the voter with a screen in summary format of the voter's
31	31	choices for the voter to review before the vote is actually cast.
32	32	(b) [(c)] During the early voting period, the early voting
33	33	clerk shall conduct a daily audit of the direct recording
34	34	electronic voting machines used in the election to ensure proper
35	35	correspondence among the numbers of ballots provided on the
36	36	machines, names on the poll list, and ballots cast on the machines.
37	37	(c) [(d) The general custodian of election records shall
38	38	conduct a recount sufficient to confirm the accuracy of the vote
39	39	totals in an election in which direct recording electronic voting
40	40	machines are used for the first time.
41	41	[(e)] The secretary of state shall prescribe any procedures
42	42	necessary to implement this chapter [section] and to ensure the
43	43	orderly and proper administration of elections using direct
44	44	recording electronic voting machines.
45	45	[Sections 129.003-129.020 reserved for expansion]
46	46	SUBCHAPTER B. PRE-ELECTION ACCEPTANCE AND
47	47	TESTING OF VOTING SYSTEM
48	48	Sec. 129.021. ACCEPTANCE TESTING. Immediately after
49	49	receiving a voting system from a vendor, the general custodian of
50	50	election records shall:
51	51	(1) verify that the system delivered is certified by
52	52	the secretary of state;
53	53	(2) perform a hardware diagnostic test on the system
54	54	as provided by Section 129.022(b);
55	55	(3) perform a public test of logic and accuracy on the
56	56	system as provided by Section 129.023; and
57	57	(4) perform any additional test that the secretary of
58	58	state may prescribe.
59	59	Sec. 129.022. HARDWARE DIAGNOSTIC TEST. (a) The general
60	60	custodian of election records shall conduct a successful hardware
61	61	diagnostic test before a voting system is used in an election.
62	62	(b) The hardware diagnostic test must ensure that each part
63	63	of the system functions properly as prescribed by the secretary of
64	64	state.
65	65	Sec. 129.023. PUBLIC TEST OF LOGIC AND ACCURACY. (a) The
66	66	general custodian of election records shall create a testing board
67	67	consisting of at least two persons. The general custodian of
68	68	election records shall make every reasonable effort to ensure that
69	69	the testing board consists of at least one person from each
70	70	political party that holds a primary election.
71	71	(b) Not later than 48 hours before voting begins on a voting
72	72	system, the general custodian of election records shall conduct a
73	73	logic and accuracy test. Public notice of the test must be
74	74	published at least 48 hours before the test begins, and the test
75	75	must be open to the public.
76	76	(c) The general custodian of election records shall adopt
77	77	procedures for testing that:
78	78	(1) direct the testing board to cast votes;
79	79	(2) verify that each contest position on the ballot
80	80	can be voted and is accurately counted for each precinct and ballot
81	81	style;
82	82	(3) include overvotes and undervotes for each race, if
83	83	applicable to the system being tested;
84	84	(4) include straight-party votes and crossover votes;
85	85	(5) include write-in votes, when applicable to the
86	86	election;
87	87	(6) include provisional votes, if applicable to the
88	88	system being tested;
89	89	(7) calculate the expected results from the test
90	90	ballots;
91	91	(8) ensure that each voting machine has any public
92	92	counter reset to zero and presented to the testing board for
93	93	verification before testing;
94	94	(9) require that, for each feature of the system that
95	95	allows disabled voters to cast a ballot, at least one vote be cast
96	96	and verified by a two-person testing board team using that feature;
97	97	and
98	98	(10) require that, when all votes are cast, the
99	99	general custodian of election records and the testing board observe
100	100	the tabulation of all ballots and compare the actual results to the
101	101	expected results.
102	102	(d) A test is successful if the actual results are identical
103	103	to the expected results.
104	104	(e) To provide a full and accurate account of the condition
105	105	of a given voting machine, the testing board and the general
106	106	custodian of election records shall:
107	107	(1) sign a written statement attesting to:
108	108	(A) the qualification of each direct recording
109	109	electronic voting machine that was successfully tested;
110	110	(B) any problems discovered; and
111	111	(C) the cause of any problem if it can be
112	112	identified; and
113	113	(2) provide any other documentation as necessary.
114	114	(f) On completing the testing:
115	115	(1) the testing board shall witness and document all
116	116	steps taken to reset, seal, and secure any equipment or test
117	117	materials, as appropriate; and
118	118	(2) the general custodian for election records shall
119	119	preserve a copy of the system's software at a secure location that
120	120	is outside the administrator's and programming entity's control
121	121	until at least 22 months after election day.
122	122	Sec. 129.024. SECURITY OF TEST MATERIALS. (a) On
123	123	completing each test, the general custodian of election records
124	124	shall place the test materials in a container provided for that
125	125	purpose and seal the container in a manner that prevents opening
126	126	without breaking the seal. The general custodian of election
127	127	records and at least two members of the testing board shall sign the
128	128	seal.
129	129	(b) The test materials shall remain sealed for the period
130	130	for preserving the precinct election records.
131	131	(c) The container may not be unsealed unless the contents
132	132	are necessary to conduct a test under this subchapter or a criminal
133	133	investigation, election contest, or other official proceeding
134	134	under this code. If the container is unsealed, the authority in
135	135	charge of the proceeding shall reseal the contents when not in use.
136	136	[Sections 129.025-129.050 reserved for expansion]
137	137	SUBCHAPTER C. VOTING SYSTEM SECURITY
138	138	Sec. 129.051. PRE-ELECTION SECURITY PROCEDURE. (a) The
139	139	general custodian of election records shall create and maintain an
140	140	inventory of all electronic information storage media.
141	141	(b) The general custodian of election records shall develop
142	142	a procedure for tracking the custody of each electronic information
143	143	storage medium from its storage location, through election coding
144	144	and the election process, to its final post-election disposition
145	145	and return to storage. The chain of custody must require two or
146	146	more individuals to perform a check and verification check whenever
147	147	a transfer of custody occurs.
148	148	(c) The general custodian of election records shall
149	149	establish a secured location for storing electronic information
150	150	storage media when not in use, coding a medium for an election,
151	151	transferring and installing the medium into voting system
152	152	equipment, and storing voting system equipment after election
153	153	parameters are loaded.
154	154	(d) An election information storage medium shall be kept in
155	155	the presence of an election official or in a secured location once
156	156	the medium has been coded for an election.
157	157	(e) The general custodian of election records shall create a
158	158	procedure for tracking the custody of voting system equipment once
159	159	election parameters are loaded.
160	160	(f) The general custodian of election records shall create a
161	161	recovery plan to be followed if a breach in security procedures is
162	162	indicated. This plan must include immediately notifying the
163	163	secretary of state.
164	164	(g) The general custodian of election records shall conduct
165	165	a criminal background check for relevant election officials, staff,
166	166	and temporary workers upon hiring.
167	167	Sec. 129.052. TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a)
168	168	The general custodian of election records shall adopt procedures
169	169	for securely storing and transporting voting system equipment. The
170	170	procedures shall include provisions for locations outside the
171	171	direct control of the general custodian of election records,
172	172	including overnight storage at a polling location. Procedures
173	173	relating to the chain of custody must require two or more
174	174	individuals to perform a check and verification check whenever a
175	175	transfer of custody occurs.
176	176	(b) The general custodian of election records shall create a
177	177	recovery plan to be followed if a breach in security procedures is
178	178	indicated. This plan must include immediately notifying the
179	179	secretary of state.
180	180	(c) The general custodian of election records shall provide
181	181	a training plan for relevant election officials, staff, and
182	182	temporary workers that addresses the procedures authorized under
183	183	this section.
184	184	Sec. 129.053. ACCESS TO VOTING SYSTEM EQUIPMENT. The
185	185	general custodian of election records shall secure access control
186	186	keys or passwords to voting system equipment. Use of access control
187	187	keys or passwords must be witnessed by one or more individuals
188	188	authorized to use that information. The use of an access control
189	189	key or password must be documented and witnessed in a log dedicated
190	190	for that purpose that is retained until the political subdivision
191	191	disposes of the equipment.
192	192	Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
193	193	(a) A voting system may not be connected to any external
194	194	communications network, including the Internet.
195	195	(b) A voting system may not have the capability of
196	196	permitting wireless communication unless the system uses
197	197	line-of-sight infrared technology that shields the transmitter and
198	198	receiver from external infrared transmissions and the system can
199	199	only accept transmissions generated by the system.
200	200	Sec. 129.055. EQUIPMENT AND SOFTWARE. The sole purpose of
201	201	voting system equipment is the conduct of an election, and only
202	202	software certified by the secretary of state and necessary for an
203	203	election may be loaded on the equipment.
204	204	Sec. 129.056. PLAN FOR MACHINE FAILURE. The general
205	205	custodian of election records shall create a contingency plan for
206	206	addressing direct recording electronic voting machine failure.
207	207	This plan must include the timely notification of the secretary of
208	208	state.
209	209	Sec. 129.057. USE OF MACHINE IN EARLY VOTING. A direct
210	210	recording electronic voting machine deployed for early voting may
211	211	not be deployed on election day.
212	212	SECTION 3. This Act takes effect September 1, 2009.
213	213	______________________________ ______________________________
214	214	President of the Senate Speaker of the House
215	215	I certify that H.B. No. 2524 was passed by the House on May
216	216	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
217	217	voting.
218	218	______________________________
219	219	Chief Clerk of the House
220	220	I certify that H.B. No. 2524 was passed by the Senate on May
221	221	27, 2009, by the following vote: Yeas 28, Nays 3.
222	222	______________________________
223	223	Secretary of the Senate
224	224	APPROVED: _____________________
225	225	Date
226	226	_____________________
227	227	Governor