| 1 | 1 | | 81R8033 ATP-D |
|---|
| 2 | 2 | | By: Bohac H.B. No. 3063 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a pilot program authorizing counties to use direct |
|---|
| 8 | 8 | | recording electronic voting machines that produce paper records. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 129, Election Code, is amended by adding |
|---|
| 11 | 11 | | Section 129.002 to read as follows: |
|---|
| 12 | 12 | | Sec. 129.002. VOTER-VERIFIED PERMANENT PAPER RECORD PILOT |
|---|
| 13 | 13 | | PROGRAM. (a) The secretary of state shall implement a program to |
|---|
| 14 | 14 | | allow a county to require a voting system that uses direct recording |
|---|
| 15 | 15 | | electronic voting machines to produce a voter-verified permanent |
|---|
| 16 | 16 | | paper record suitable for a manual audit. |
|---|
| 17 | 17 | | (b) The system must allow a voter: |
|---|
| 18 | 18 | | (1) to inspect and verify the paper record before the |
|---|
| 19 | 19 | | voter's ballot is recorded electronically; and |
|---|
| 20 | 20 | | (2) an opportunity to make changes to the voter's |
|---|
| 21 | 21 | | electronic ballot after reviewing the paper record. |
|---|
| 22 | 22 | | (c) If the voter makes changes as allowed under Subsection |
|---|
| 23 | 23 | | (b)(2), the system must invalidate the paper record that the voter |
|---|
| 24 | 24 | | reviewed and generate a new paper record corresponding to the |
|---|
| 25 | 25 | | changed vote. The new paper record must be reviewed by the voter in |
|---|
| 26 | 26 | | the manner provided by Subsection (b). |
|---|
| 27 | 27 | | (d) If the voter verifies that the paper record is correct, |
|---|
| 28 | 28 | | the system shall record the voter's electronic vote and preserve |
|---|
| 29 | 29 | | the paper records at the polling place in the same manner as paper |
|---|
| 30 | 30 | | ballots are preserved to ensure that the paper records may be used |
|---|
| 31 | 31 | | in a manual audit or recount. |
|---|
| 32 | 32 | | (e) The commissioners court of a county that desires to |
|---|
| 33 | 33 | | participate in the pilot program authorized by this section shall |
|---|
| 34 | 34 | | submit an application to the secretary of state not later than the |
|---|
| 35 | 35 | | 180th day before the date of the election in which the county wishes |
|---|
| 36 | 36 | | to use a voting system involving direct recording electronic voting |
|---|
| 37 | 37 | | machines that produce a voter-verified permanent paper record. The |
|---|
| 38 | 38 | | secretary of state shall approve the application of a county that |
|---|
| 39 | 39 | | demonstrates that it has the capability to fulfill the requirements |
|---|
| 40 | 40 | | of this section. |
|---|
| 41 | 41 | | (f) Except for a recount under Title 13, the electronic vote |
|---|
| 42 | 42 | | is the official record of the ballot. For a recount of ballots cast |
|---|
| 43 | 43 | | on a system involving direct recording electronic voting machines |
|---|
| 44 | 44 | | that produce voter-verified permanent paper records, the paper |
|---|
| 45 | 45 | | record is the official record of the vote cast. The paper record |
|---|
| 46 | 46 | | may be used for a manual audit of the system and shall be preserved |
|---|
| 47 | 47 | | in the same manner as other paper records in an election. |
|---|
| 48 | 48 | | (g) Not later than January 1, 2011, the secretary of state |
|---|
| 49 | 49 | | shall submit a report to the legislature on the effectiveness of |
|---|
| 50 | 50 | | voting systems involving direct recording electronic voting |
|---|
| 51 | 51 | | machines that produce a voter-verified permanent paper record. The |
|---|
| 52 | 52 | | report must include a detailed account of any recount conducted in a |
|---|
| 53 | 53 | | county using such a voting system. This subsection expires |
|---|
| 54 | 54 | | September 1, 2011. |
|---|
| 55 | 55 | | (h) Before July 1, 2010, a county may not prohibit the use of |
|---|
| 56 | 56 | | a voting system that: |
|---|
| 57 | 57 | | (1) uses direct recording electronic machines; |
|---|
| 58 | 58 | | (2) was approved by the secretary of state; and |
|---|
| 59 | 59 | | (3) was used in an election held before September 1, |
|---|
| 60 | 60 | | 2009. |
|---|
| 61 | 61 | | (i) Subsection (h) and this subsection expire July 1, 2010. |
|---|
| 62 | 62 | | SECTION 2. This Act takes effect September 1, 2009. |
|---|