H.B. No. 2524
AN ACT
relating to the accuracy, security, and reliability of certain
electronic voting systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.058, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) Electronic records created under Chapter 129 shall be
preserved in a secure container.
SECTION 2. Chapter 129, Election Code, is amended to read as
follows:
CHAPTER 129. DIRECT RECORDING ELECTRONIC VOTING MACHINES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 129.001. APPLICABILITY. (a) This chapter applies
only to a voting system that uses direct recording electronic
voting machines.
(b) To the extent possible, the procedures applicable to an
electronic voting system under Chapter 127 are applicable to a
voting system under this chapter.
Sec. 129.002. GENERAL [CERTAIN DIRECT RECORDING ELECTRONIC
VOTING MACHINE] PROCEDURES. (a) [As part of the testing of the
direct recording electronic voting machine equipment before its use
in a particular election, the general custodian of election records
shall include a specific test of each machine's logic and accuracy
functions to ensure that the machine properly records, counts, and
tabulates the votes.
[(b)] Each direct recording electronic voting machine must
provide the voter with a screen in summary format of the voter's
choices for the voter to review before the vote is actually cast.
(b) [(c)] During the early voting period, the early voting
clerk shall conduct a daily audit of the direct recording
electronic voting machines used in the election to ensure proper
correspondence among the numbers of ballots provided on the
machines, names on the poll list, and ballots cast on the machines.
(c) [(d) The general custodian of election records shall
conduct a recount sufficient to confirm the accuracy of the vote
totals in an election in which direct recording electronic voting
machines are used for the first time.
[(e)] The secretary of state shall prescribe any procedures
necessary to implement this chapter [section] and to ensure the
orderly and proper administration of elections using direct
recording electronic voting machines.
[Sections 129.003-129.020 reserved for expansion]
SUBCHAPTER B. PRE-ELECTION ACCEPTANCE AND
TESTING OF VOTING SYSTEM
Sec. 129.021. ACCEPTANCE TESTING. Immediately after
receiving a voting system from a vendor, the general custodian of
election records shall:
(1) verify that the system delivered is certified by
the secretary of state;
(2) perform a hardware diagnostic test on the system
as provided by Section 129.022(b);
(3) perform a public test of logic and accuracy on the
system as provided by Section 129.023; and
(4) perform any additional test that the secretary of
state may prescribe.
Sec. 129.022. HARDWARE DIAGNOSTIC TEST. (a) The general
custodian of election records shall conduct a successful hardware
diagnostic test before a voting system is used in an election.
(b) The hardware diagnostic test must ensure that each part
of the system functions properly as prescribed by the secretary of
state.
Sec. 129.023. PUBLIC TEST OF LOGIC AND ACCURACY. (a) The
general custodian of election records shall create a testing board
consisting of at least two persons. The general custodian of
election records shall make every reasonable effort to ensure that
the testing board consists of at least one person from each
political party that holds a primary election.
(b) Not later than 48 hours before voting begins on a voting
system, the general custodian of election records shall conduct a
logic and accuracy test. Public notice of the test must be
published at least 48 hours before the test begins, and the test
must be open to the public.
(c) The general custodian of election records shall adopt
procedures for testing that:
(1) direct the testing board to cast votes;
(2) verify that each contest position on the ballot
can be voted and is accurately counted for each precinct and ballot
style;
(3) include overvotes and undervotes for each race, if
applicable to the system being tested;
(4) include straight-party votes and crossover votes;
(5) include write-in votes, when applicable to the
election;
(6) include provisional votes, if applicable to the
system being tested;
(7) calculate the expected results from the test
ballots;
(8) ensure that each voting machine has any public
counter reset to zero and presented to the testing board for
verification before testing;
(9) require that, for each feature of the system that
allows disabled voters to cast a ballot, at least one vote be cast
and verified by a two-person testing board team using that feature;
and
(10) require that, when all votes are cast, the
general custodian of election records and the testing board observe
the tabulation of all ballots and compare the actual results to the
expected results.
(d) A test is successful if the actual results are identical
to the expected results.
(e) To provide a full and accurate account of the condition
of a given voting machine, the testing board and the general
custodian of election records shall:
(1) sign a written statement attesting to:
(A) the qualification of each direct recording
electronic voting machine that was successfully tested;
(B) any problems discovered; and
(C) the cause of any problem if it can be
identified; and
(2) provide any other documentation as necessary.
(f) On completing the testing:
(1) the testing board shall witness and document all
steps taken to reset, seal, and secure any equipment or test
materials, as appropriate; and
(2) the general custodian for election records shall
preserve a copy of the system's software at a secure location that
is outside the administrator's and programming entity's control
until at least 22 months after election day.
Sec. 129.024. SECURITY OF TEST MATERIALS. (a) On
completing each test, the general custodian of election records
shall place the test materials in a container provided for that
purpose and seal the container in a manner that prevents opening
without breaking the seal. The general custodian of election
records and at least two members of the testing board shall sign the
seal.
(b) The test materials shall remain sealed for the period
for preserving the precinct election records.
(c) The container may not be unsealed unless the contents
are necessary to conduct a test under this subchapter or a criminal
investigation, election contest, or other official proceeding
under this code. If the container is unsealed, the authority in
charge of the proceeding shall reseal the contents when not in use.
[Sections 129.025-129.050 reserved for expansion]
SUBCHAPTER C. VOTING SYSTEM SECURITY
Sec. 129.051. PRE-ELECTION SECURITY PROCEDURE. (a) The
general custodian of election records shall create and maintain an
inventory of all electronic information storage media.
(b) The general custodian of election records shall develop
a procedure for tracking the custody of each electronic information
storage medium from its storage location, through election coding
and the election process, to its final post-election disposition
and return to storage. The chain of custody must require two or
more individuals to perform a check and verification check whenever
a transfer of custody occurs.
(c) The general custodian of election records shall
establish a secured location for storing electronic information
storage media when not in use, coding a medium for an election,
transferring and installing the medium into voting system
equipment, and storing voting system equipment after election
parameters are loaded.
(d) An election information storage medium shall be kept in
the presence of an election official or in a secured location once
the medium has been coded for an election.
(e) The general custodian of election records shall create a
procedure for tracking the custody of voting system equipment once
election parameters are loaded.
(f) The general custodian of election records shall create a
recovery plan to be followed if a breach in security procedures is
indicated. This plan must include immediately notifying the
secretary of state.
(g) The general custodian of election records shall conduct
a criminal background check for relevant election officials, staff,
and temporary workers upon hiring.
Sec. 129.052. TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a)
The general custodian of election records shall adopt procedures
for securely storing and transporting voting system equipment. The
procedures shall include provisions for locations outside the
direct control of the general custodian of election records,
including overnight storage at a polling location. Procedures
relating to the chain of custody must require two or more
individuals to perform a check and verification check whenever a
transfer of custody occurs.
(b) The general custodian of election records shall create a
recovery plan to be followed if a breach in security procedures is
indicated. This plan must include immediately notifying the
secretary of state.
(c) The general custodian of election records shall provide
a training plan for relevant election officials, staff, and
temporary workers that addresses the procedures authorized under
this section.
Sec. 129.053. ACCESS TO VOTING SYSTEM EQUIPMENT. The
general custodian of election records shall secure access control
keys or passwords to voting system equipment. Use of access control
keys or passwords must be witnessed by one or more individuals
authorized to use that information. The use of an access control
key or password must be documented and witnessed in a log dedicated
for that purpose that is retained until the political subdivision
disposes of the equipment.
Sec. 129.054. NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
(a) A voting system may not be connected to any external
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.
Sec. 129.055. EQUIPMENT AND SOFTWARE. The sole purpose of
voting system equipment is the conduct of an election, and only
software certified by the secretary of state and necessary for an
election may be loaded on the equipment.
Sec. 129.056. PLAN FOR MACHINE FAILURE. The general
custodian of election records shall create a contingency plan for
addressing direct recording electronic voting machine failure.
This plan must include the timely notification of the secretary of
state.
Sec. 129.057. USE OF MACHINE IN EARLY VOTING. A direct
recording electronic voting machine deployed for early voting may
not be deployed on election day.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2524 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2524 was passed by the Senate on May
27, 2009, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor